[HISTORY:Adopted by the Harford County Council
by Bill No. 88-43. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Minimum
Livability Code" or "this code."
B.
Scope. This code is created to protect the public
health, safety and welfare in rental housing units and premises by:
(1)
Establishing minimum property maintenance standards
for basic equipment and facilities used for light, ventilation, heating
and sanitation for rental housing units and premises and for safe
and sanitary maintenance of rental housing units and premises;
(2)
Establishing minimum requirements for rental housing
units and premises for means of egress, fire protection systems and
other equipment and devices necessary for safety from fire;
(3)
Fixing the responsibilities of property owners, operators
and tenants of rental housing units 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 rental housing
units and premises.
A.
Rules of interpretation.
(1)
Unless otherwise expressly stated, the terms defined in Subsection B of this section shall have the meanings indicated for purposes of this code.
(2)
Words used in the present tense include the future.
The singular number includes the plural and the plural, the singular.
(3)
When terms are not defined through the methods authorized
by this section, they shall have their ordinarily accepted meanings
such as the content may imply.
B.
ACT
BASEMENT
BUILDING CODE
CENTRAL HEATING
CODE
CODE OFFICIAL
CONDEMN
COUNTY
DEPARTMENT
EXTERMINATION
GARBAGE
HABITABLE AREA
HOUSING UNIT
INFESTATION
LEASE
MAINTENANCE
OCCUPANT
OPERATOR
PERSON
PLUMBING
PLUMBING FIXTURE
(1)
(2)
(3)
PREMISES
PROPERTY OWNER
REFUSE
RUBBISH
STRUCTURE
TENANT
VENTILATION
(1)
(2)
(3)
Terms defined.
Article 41B, § 6-103, Annotated Code of Maryland.[1]
That portion of a structure which is partly or completely
below grade.
The building code adopted by Harford County, or such other
code(s) as may be designated by Harford County for the regulation
of construction, alteration, addition, repair, removal, demolition,
use, location, occupancy or maintenance of premises and structures.
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.
The Minimum Livability Code.
The official or a duly authorized designee of the county
in which the housing is located, who is authorized to enforce this
code.
To declare a structure, or part of it, premises or equipment
unsafe or fit for use and occupancy.
Harford County.
The Harford County Housing Agency.
[Amended by Bill No. 94-29]
The control and elimination of insects, rodents or other
pests by:
The animal and vegetable waste resulting from the handling,
preparation, cooking 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."
A single unit of a structure providing or intended to provide
complete living and sleeping facilities for one (1) or more persons.
The presence, within or contiguous to a structure or premises,
of insects, rodents, vermin or other pests.
A verbal or written agreement between tenant and landlord.
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.
A person who has charge, care or control of a structure or
premises which is offered for 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 from it;
Discharges used water, liquidborne waste materials
or sewage either directly or indirectly to the drainage system of
the premises; or
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 on
it, that is leased by a tenant.
A person having a legal or equitable interest in the premises,
including the guardian of the estate of the person or the executor
or administrator of the estate of the person if ordered to take possession
of the premises by a court.
All solid wastes, with the exception of body wastes.
Paper, rags, cartons, boxes, woods, rubber, leather, tree
branches, accumulated yard trimmings, tin cans, metals, mineral matter,
glass, crockery, accumulated dust and other similar materials, as
well as the residue from the burning of wood, coal, coke and other
combustible materials.
A rental unit used for human habitation.
An occupant other than a property owner.
VENTILATIONThe process of supplying and removing air by natural or mechanical means to or from a space.
MECHANICAL VENTILATIONVentilation by power-driven devices.
NATURAL VENTILATIONVentilation by opening to outer air through windows, skylights, doors, louvers or stacks, without power-drived devices.
[1]
Editor's Note: Section 8, Ch. 6, Acts 1988,
transferred Art. 41B to Art. 83B.
A.
The Minimum Livability Code shall apply to structures
used for human habitation except:
B.
Repairs or alterations to a structure or changes of
use to it 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 other code or standard applicable to
housing.
C.
The provisions in this code do not abolish or impair
any remedies available to the county or its officers or agencies relating
to the removal or demolition any structures which are deemed to be
dangerous, unsafe and unsanitary.
D.
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.
A.
Local enforcement. It shall be the duty and responsibility
of the county to enforce the provisions of this code.
B.
Local waiver.
(1)
The Department may waive applicability of this code,
in whole or part, to a unit of rental housing on application of the
property owner if:
(2)
In reaching a determination on an application for waiver, the Code Official shall issue a written decision specifying the reasons for granting or denying the waiver. Both the property owner and the tenant shall have the right to appeal the waiver decision in accordance with the rights and procedures set forth in § 162-9 of this chapter.
(3)
A waiver may be granted by the Code Official and may
continue in full force and effect beyond the term of the lease of
the current tenant. Any prospective tenant shall be notified, upon
application for a lease for this unit of rental housing, that this
unit has been granted a waiver from a provision(s) of this code and
that his or her occupancy will be subject to that waiver. The prospective
tenant shall have the right to request the county to review the waiver.
The county reserves the right to review the waiver at anytime.
(4)
The Department may waive applicability of this code
if the waiver is granted on the basis of the religious practices of
the occupant of the unit of rental housing.
C.
Departmental authority. The Director of the Department
or a designee shall decide questions of interpretation of this code.
D.
Displacement. A person may not be displaced by enforcement
of this code unless alternate housing of comparable affordability
is available within the county, except where there is an imminent
threat to health and safety due to unsafe conditions.
E.
State laws. Enforcement and waiver application are
not intended to supersede any state laws, such as, but not limited
to the following of the Annotated Code of Maryland:
F.
The Department shall review a waiver granted under
this section within three (3) years after the waiver is granted, and
at least every three (3) years thereafter.
A.
Designations. The county shall designate a Code Official.
The Code Official or a designee shall enforce the provisions of this
code.
B.
Notices and orders. The Code Official shall issue
all notices and orders necessary to ensure compliance with this code.
C.
Right of entry. If a 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 or designee may seek, in a court of competent jurisdiction,
an order that the property owner, tenant or operator cease and desist
from the interference.
D.
Inspections. The Code Official or designee is authorized
to enter a structure or premises at any reasonable time upon providing
prior notice to the property owner and tenant, for the purpose of
making inspections and performing duties under this code, such as
but not limited to instances where there is an imminent threat to
health and safety due to unsafe conditions.
E.
Alterations and repairs.
(1)
The Code Official or a designee 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 the use of alternatives and equivalent approaches
as provided for in this code.
(2)
The Code Official or a designee shall have the authority
to approve, upon the request of the property owner, changes in alterations
or repairs in the field when conditions are encountered which make
the originally approved work impractical, if the changes in approved
work can be readily determined to be in compliance with this code.
(3)
The changes shall be specifically documented by the
property owner or by his or her agent or Code Official, describing
the change in work and the reasons and justification for the change,
and shall be filed with the permit for the project.
F.
Access by property owner or operator. A tenant of
a structure or premises shall give the property owner or operator
or agent or employee 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.
Identification. The Code Official shall disclose his
or her identification for the purpose of inspecting a structure or
premises.
H.
Coordination of enforcement.
(1)
The inspection of structures and premises, the issuance
of notices and orders and enforcement of them shall be the responsibility
of the Code Official.
(2)
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 make a reasonable effort to arrange for the
coordination of the inspections so as to minimize the number of visits
by inspectors.
(3)
The Code Official shall confer with the other governmental
official or agency for the purpose of eliminating conflicting orders
before any are issued.
(4)
The Code Official may not, however, cause the delay
of the issuance of any emergency orders by a governmental official
or agency which the governmental official or agency determines must
be issued.
I.
Rule-making authority. The Director of the Department
shall have power to adopt and promulgate rules and regulations to
interpret and implement the provisions of the code to further its
intent. Rules and regulations adopted under this subsection shall
take effect and be enforceable only after they have been approved
by resolution of the county council.
J.
Applicability of existing rules and regulations. As
water and sewer bills become delinquent, the property owner will be
subject to existing county rules and regulations concerning delinquent
bills, interest thereon and turnoff procedures.
[Added by Bill No. 89-42]
A.
General provisions.
(1)
When a structure or part of it is found by the Code
Official to be unsafe or unfit for human occupancy or use, the Code
Official may recommend to the Director of the Department that the
structure, or part of it, be condemned. After further inspection of
the structure by the Department, the Director may order the structure,
or part of it, to be placarded and vacated pursuant to the provisions
of this code.
(2)
The structure, or part of it, may not be reoccupied
without approval of the Code Official.
(3)
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 in which
all or part of it 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.
(1)
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 the life, health,
property or safety of the tenants of the premises or structure.
(2)
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 condemned 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 shall be charged against the real
property which the structure is located and shall be a lien upon the
real property.
A.
General provisions.
(1)
Whenever the Code Official determines that there is
a violation of this code or has reasonable grounds to believe that
a violation is occurring, or whenever the Code Official has determined
to condemn a structure, or part of it, or equipment in accordance
with this code, notice shall be given to the property owner and to
the tenant in the manner prescribed in this code.
B.
Service of notice.
(1)
Notice shall be deemed to be properly served upon
a property owner or tenant by one of the following methods:
(a)
By delivering to the person to be served, or
his or her agent, a copy of the notice and all other necessary papers;
or
(b)
By mailing to the person to be served at his
or her last known address, or to his or her agent, by first class
and certified or registered mail, with return receipt requested, a
copy of the notice and all other necessary papers.
(2)
If the certified or registered letter is returned
with receipt showing that it has not been delivered, notice shall
be served by posting a copy of it in conspicuous place in or about
the structure affected by the 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, except, where there is an imminent threat to health and
safety due to unsafe conditions, the occupants of the building will
be required to vacate immediately.
D.
Transfer of ownership. A property owner who has received
a compliance order or upon whom a notice of violation has been served
may not sell, transfer, mortgage, lease or otherwise dispose of the
premises until:
(1)
The provisions of the compliance order or notice of
violation have been complied with; or
(2)
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 or she acknowledges the
receipt of the compliance order or notice of violation and states
that he or she fully accepts and assumes the responsibility, without
condition, for making the corrections or repairs required by the compliance
order or notice of violation.
E.
Removal of placard. No individual may deface or remove
a condemnation placard without the approval of the Code Official.
A.
Criminal penalty. A property owner 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, five hundred
dollars ($500.) for each day that the violations exists or imprisonment
not exceeding ninety (90) days, or both.
B.
Civil penalty. A property owner or tenant who violates
any provision of the code may be subject to a fine not exceeding fifty
dollars ($50.) by the District Court. Each day the violation exists
after notification constitutes a separate offense.
C.
Other penalties. A penalty ordered under this code
is in addition to, and is not a substitute for any other penalty authorized
by federal, state or local law.
A.
A person affected by a decision of the Code Official
which has been made in connection with the enforcement of any provision
of this code or of a regulation adopted pursuant to this code may
request a hearing in accordance with section R-2.4, entitled, "Appeals
from Agency Actions," as set forth in the Harford County Administrative
rules of procedure for regulations and hearings.
A.
Scope. The provisions of this section 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. Supporting components of a structure
shall be kept sound and capable of safely bearing the dead and live
loads imposed upon them.
(3)
Exterior surfaces. Each foundation, exterior wall,
roof and all other exterior surfaces shall be maintained in good repair
and shall be kept in such condition so as to exclude rodents and other
pests.
(4)
Foundation walls. Foundation walls shall be structurally
sound and shall be maintained free from open cracks and breaks that
would be hazardous or unsafe.
(5)
Exterior walls.
(a)
Each exterior wall shall be free of holes, breaks,
loose or rotting boards or timbers and any other conditions which
admit elements or dampness to the interior portions of the walls or
to the occupied areas of the structure.
(b)
All exterior surface materials be maintained
weatherproof to prevent deterioration.
(6)
Roofs and drainage. The roof shall be structurally
sound and may not have defects which admit elements. 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 or removed, at the property owner's option.
(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 weather-coating material such as
paint or other protective treatment.
(10)
Stairs and porches. Each 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.
(11)
Windows, doors and frames. Each 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. Each window and exterior door
shall be fitted reasonably in its frame and be weathertight. Each
window shall be free of cracks and holes.
(13)
Openable windows. Each 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.
(a)
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.
(b)
Exception. Upon the prior approval of the 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 require alternatives to screens.
(15)
Door hardware. Each 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. Supporting components of a structure
shall be sound, well maintained and 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. Each toilet, bathroom
and kitchen floor surface shall be maintained so as to be substantially
impervious to water, to permit the floor to be easily kept in a clean
and sanitary condition.
(5)
(6)
Insect and rodent harborage.
(a)
A structure shall be kept free from infestation,
and where infestation is found, the area shall be promptly exterminated
by processes which are not injurious to human health.
(b)
Continuing or repeated incidents of infestation,
as determined by the Code Official, shall require the installation
of rodent- and verminproof walls. The rodent- and verminproof walls
shall be installed in accordance with the applicable local building
code.
(7)
Exit doors. Each door available as an exit shall be
capable of being opened easily from the inside.
(9)
Lead-paint abatement. Lead-paint abatement procedures
approved by the Department of Health shall be performed by the property
owner on:
(a)
Surfaces, including but not limited to ceilings,
doors, radiators, stair banisters, trim molding, walls and window
frames, that are in a deteriorated condition that they present a potential
health hazard due to lead paint; and
(b)
Surfaces, including but not limited to doors,
radiators, stair banisters, trim molding and window frames, that are
covered with lead paint and present a potential biting surface.
A.
General provisions.
(1)
Scope. The provisions of this code 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 prescribed in this code, 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 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. Each 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 two hundred (200) square feet of floor area, provided
that the spacing between lights may not be greater than thirty (30)
feet. Each 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.
(a)
When mechanical ventilation is provided instead
of natural ventilation, the mechanical ventilating system shall be
maintained in good operating condition during the occupancy of the
structure or portion of it.
(b)
When part of the air provided by a mechanical
ventilation system is recirculated, the portion or volume of air recirculated
may not be recirculated to a different habitable area.
A.
Scope. The provisions of this section shall govern
the minimum standards for plumbing facilities and fixtures.
B.
Required plumbing facilities. Each 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.
(a)
Each 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.
(b)
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 the water closet
is located.
(c)
The lavatory shall be supplied with hot and
cold running water.
(2)
Bathtub or shower. Each 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.
(3)
Kitchen sink. Each housing unit shall contain a kitchen
sink apart from the lavatory required by this section. The 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 Director of the Department or a designee.
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.
(a)
Water supply lines, plumbing fixtures, vents
and drains shall be properly installed, connected and maintained in
working order, shall be kept free from obstructions, leaks and defects
and shall be capable of performing the function for which they are
designed.
(b)
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. Each 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.
(a)
Water-heating facilities shall be installed
in a manner which has received all necessary and legally required
approvals, be properly maintained and be properly connected with hot-water
lines to the fixtures required to be supplied with hot water.
(b)
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
required by the local plumbing code.
(5)
Alternative water systems. Alternative water systems
may be allowed as approved on a case-by-case basis by the Director
of the Department or a designee.
F.
Sewage system.
(1)
General. Each 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.
(a)
Each 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.
(b)
All repairs and installations shall receive
all necessary and legally required approvals.
A.
Scope. The provisions of this section shall govern
the minimum standards for mechanical and electrical facilities and
equipment.
B.
Heating facilities.
(1)
Structures.
(a)
Each 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 sixty-eight degrees Fahrenheit (68° 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 that sixty degrees
Fahrenheit (60° F.) during other hours.
(b)
The temperature shall be measured at a point
three (3) feet above the floor and three (3) feet from exterior walls.
(c)
Exception. When the outside temperature falls
below zero degrees Fahrenheit (0° F.) and the heating system is
operating at its full capacity, a minimum room temperature of sixty
degrees Fahrenheit (60° F.) shall be maintained at all times.
(2)
Cooking and heating equipment.
(a)
All cooking and heating equipment, components
and accessories in heating, cooking and water-heating devices shall
be maintained free from leaks and waterflow obstructions and kept
functioning properly so as to be free from fire, health and safety
hazards.
(b)
All installations and repairs shall be made
in accordance with the provisions of the applicable local building
code or other applicable laws or ordinances.
(c)
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, 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 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 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
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, these facilities shall be maintained and operated
in accordance with the designed capacity.
C.
Electrical facilities.
(1)
Facilities required. All units shall be supplied with
an electrical service of no less than sixty (60) amperes, one hundred
twenty/two hundred forty (120/240) volts.
(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 (1) grounded-type receptacle.
Every kitchen shall have at least two receptacle outlets.
(3)
Lighting fixtures. Each rental unit, public hall,
water closet compartment, furnace room, hallway, corridor, interior
stairway, bathroom, laundry room and kitchen shall contain at least
one (1) electrical lighting fixture.
(4)
Installation. All electrical equipment, wiring and
appliances shall be installed and maintained in a safe manner in accordance
with 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 section 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 at a street, yard, court or passageway leading to a public
open area at grade.
(2)
Direct exit. Each 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 be structurally sound and adhere to local
building codes and all applicable local and state laws.
(5)
Exit signs. All exit signs shall be maintained and
visible in accordance with the applicable state and local code.
(6)
Emergency escape. Every basement sleeping room shall
have at least one (1) operable window or exterior door approved for
emergency egress or rescue. The units must be operable from the inside,
opening without the use of separate tools. Where windows are provided
as a means of egress or rescue, they shall have a sill height not
more than forty-four (44) inches above the floor. All egress or rescue
windows from sleeping rooms must have a minimum net clear opening
of five (5) square feet. The minimum net clear opening height dimension
shall be twenty-four (24) inches. The minimum net clear opening width
dimension shall be twenty (20) inches. Bars, grills or screens placed
over emergency escape windows shall be releasable or removable from
the inside without the use of a key, tool or excessive force.
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 wastepaper, boxes and rags, may not be accumulated
or stored on premises except in reasonable quantities consistent with
normal usage.
(3)
Residential unit. A housing unit may not be located
within a structure containing an establishment handling, dispensing
or storing flammable liquids with a flash point of one hundred degrees
Fahrenheit (100° F.) or lower.
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 ratings 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.
(a)
All housing units shall be provided with a minimum
of one (1) single-station smoke detector in the vicinity of each sleeping
area.
(b)
The smoke detectors shall be installed and maintained
in accordance with Article 38A, § 12A, entitled, "Smoke
Detection Systems," of the Annotated Code of Maryland.
(c)
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 may 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.
(1)
All necessary and legally required fire-resistance-rated
doors or smoke barriers shall be maintained in good working order,
including all hardware necessary for their proper operation.
(2)
Only approved doorstops, hold-open devices or other
door hardware shall be used on egress doors, fire doors or smoke-barrier
doors.
A.
Scope. The property owner or tenant shall be responible
for compliance with the provisions of this chapter and may be cited
for violation of it, except as provided in this chapter. Unless a
waiver is granted in accordance with this chapter, no person may rent
or lease to another person for occupancy or use any housing unit without
the structure and premises complying with the provisions of this chapter.
B.
General. A property owner may not be cited for a violation
of this chapter 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.
The Code Official shall have the authority to cite
a tenant for a violation(s) of the provisions of this section that
are the tenant's responsibility.
D.
Sanitary conditions.
(1)
Cleanliness.
(a)
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.
(b)
Each property owner of a structure containing
two (2) 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.
(a)
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.
(b)
The property owner shall be responsible for
maintaining the equipment and fixtures in good and proper operating
condition.
(4)
Equipment to be furnished by tenant. The tenant shall
be responsible for the maintenance of equipment and fixtures furnished
by the tenant. The equipment and fixtures shall be properly installed
and shall be maintained in good working condition, kept clean and
sanitary and free of defects, leaks or obstructions.
E.
Extermination.
(1)
All structures. If necessary, the property owner shall
be responsible for extermination within the structure and on the premises
before 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. Each property owner or operator
of a structure containing two (2) 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 the infestation within the housing unit.
F.
Firesafety. Responsibility for installing and maintaining
in good working order any smoke detector installed pursuant to this
chapter shall be in accordance with Article 38A, § 12A,
entitled, "Smoke Detection Systems," of the Annotated Code of Maryland.
No property owner or operator shall evict an
occupant of any rental housing unit solely because the occupant has
filed a written complaint or complaints with the Department. Nothing
contained herein is intended to supersede the application or provisions
of § 8-208.1 of the Real Property Article.
