§ 5-2. Standards.
(a)
Scope. The provisions of this section shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans and the premises on which it stands shall comply with the conditions herein prescribed as they may apply thereto.
(b)
Exterior property areas. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements:
(1)
Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.
(2)
Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
(3)
Noxious weeds. All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health.
(4)
Insect and rodent harborage. All exterior property areas shall be kept free from rodent infestation, and where 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.
(5)
Open storage. Exterior property areas shall not be utilized for any period of time for the open storage of building rubbish or refuse, bathroom or kitchen fixtures, glass, furniture, or similar items or materials, irrespective of age or condition.
(6)
Accessory structures. All accessory structures on dwelling premises, such as, but not limited to, the following: attached or detached garages, storage sheds or buildings, driveways, exterior walkways and steps, fences, or other constructed appurtenances and facilities, shall be maintained structurally safe and sound and in good repair. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions.
(c)
Exterior structure. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements:
(1)
Foundations, walls, roof. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents.
(2)
Foundations. The foundation elements shall adequately support the building at all points.
(3)
Exterior walls and exposed surfaces. Every exterior wall and weather-exposed exterior surface or appurtenance 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 the occupied spaces of the building. All exterior surfaces which are not naturally weather resistant 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.
(4)
Roofs. The roof shall be structurally sound, tight, and have no defects which might admit rain; and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.
(5)
Stairs, porches, railings. Stairs and other exit facilities shall be adequate for safety as provided in the building code, and shall comply with the following subsections.
a.
Structural safety. Every outside stair, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected as required by the building code and shall be kept in sound condition and good repair.
b.
Handrails. Every flight of stairs, which is more than four (4) risers high, shall have handrails which shall be located as required by the building code; and every porch which is more than two (2) risers high shall have handrails so located and of such design as required by the building code. Every handrail and balustrade shall be firmly fastened and shall be maintained in good condition.
(6)
Windows, doors, hatchways. Every window, exterior door, and basement hatchway, shall be substantially tight and shall be kept in sound condition and repair.
(7)
Windows to be glazed. Every window sash shall be fully supplied with glass window panes or an approved substitute which is without open cracks or holes.
a.
Windows to be tight. Every window sash shall be in good condition and fit reasonably tight within its frame.
b.
Windows to be openable. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.
(8)
Door hardware. Every exterior door, door hinge, and door latch shall be maintained in good condition.
(9)
Door locks. The entrance door to an individual rental dwelling unit shall be provided with locking devices so as to provide security against unauthorized entry.
(10)
Doors to fit in frame. Every exterior door, when closed, shall fit reasonably well within its frame.
(11)
Window and door frames to fit in wall. Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or multi-family dwelling.
(12)
Basement hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or multifamily dwelling.
(13)
Exit doors. Every door available as an exit shall be capable of being opened from the inside, easily and without the use of a key.
(14)
Screening. Guards and screens shall be supplied for protection against rodents and insects in accordance with the following requirements;
a.
Guards for basement windows. Every basement or cellar window which is openable shall be supplied with corrosion resistant rodent-proof shields of not less than No. 22 U.S. gauge perforated steel sheets, or No. 20 B & S gauge aluminum, or No. 6 U.S. gauge expanded metal or wire mesh screens, with not more than one-half-inch mesh openings, or with other material affording equivalent protection against the entry of rodents, including storm windows.
b.
Insect screens. From June 1 to October 15 of each year every door and window opening directly from any dwelling to the outdoors, shall be supplied with screening of not less than sixteen-mesh per inch and every screen door shall have a self-closing device in good working condition.
(15)
Storage and bins .
a.
Front yard. The front yard shall not be visibly used for storage. No storage bin, whether or not it is a large storage bin, may be located in the front yard (as defined in chapter 8 of this Code) for longer than ten (10) days without a permit.
b.
Side and rear yards. No large storage bin may be located in the side yard or rear yard (as defined in chapter 8 herein) for longer than ten (10) days without a permit.
c.
Permit. One permit per calendar year per lot for a storage bin not in compliance with this chapter may be obtained from the town administrator for no more than ninety (90) days provided the applicant demonstrates that the storage bin (1) does not adversely impact public health, safety and welfare, and (2) is necessary to accomplish a lawful purpose. The town administrator may renew the permit for an additional ninety (90) days if the applicant can demonstrate the above conditions for issuance of a permit and upon a further finding that significant work has been done during the previous permit period.
(d)
Interior structure. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements.
(1)
Free from dampness. Cellars, basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure as required by the building code.
(2)
Structural members. Supporting structural members shall be maintained in sound condition; showing no evidence of deterioration which would render them incapable of carrying the imposed loads in accordance with the provisions of the building code.
(3)
Interior stairs and railings. Stairs shall be provided as required by the building code.
(4)
Maintained in good repair. All interior stairs shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load as required by the provisions of the building code.
(5)
Handrails. Every stairwell and every flight of stairs, which is more than two (2) risers high, shall have handrails or railings located in accordance with the provisions of the building code. Every handrail or railing shall be firmly fastened and must be maintained in good condition. Properly balustraded railings, capable of bearing normally imposed loads as required by the building code, shall be placed on the open portions of stairs, balconies, landings and stairwells.
(6)
Bathroom floors. Every toilet and bathroom floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
(7)
Sanitation. All interior spaces shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities as required elsewhere in this code.
(8)
Insect and rodent harborage. Dwellings shall be kept free from insect or rodent infestation, and where insects and 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.
(9)
Interior walls, floors, ceilings. Every interior wall, floor and ceiling shall be maintained in a clean and sanitary, safe and structurally sound condition, free of holes and cracks, loose plaster or wallpaper, flaking or scaling paint, and shall be substantially insect-and rodent-proof. When paint is applied to interior surfaces of habitable spaces, it must be lead free.
(e)
Basic facilities. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not contain the following basic facilities.
(1)
Water closet. Every dwelling unit shall contain within its walls, a room, separate from the habitable rooms, which affords privacy and which is equipped with a water closet.
(2)
Lavatory. Every dwelling unit shall contain a lavatory, which, when a water closet is required, shall be in the same room with such water closet.
(3)
Bathtub or shower. Every dwelling unit shall contain a room which affords privacy to a person in the room and which is equipped with a bathtub or shower.
(4)
Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required elsewhere by this code.
(5)
Cooking facilities. Every dwelling unit shall contain cooking and baking facilities for the purpose of preparing food, and such facilities shall be properly installed and operated and kept in a clean and sanitary condition.
(6)
Refrigeration for food preservation. Every dwelling unit shall contain a refrigeration unit adequate for the temporary preservation of perishable foods. Such unit shall be capable of maintaining an average temperature of below forty-five (45) degrees Fahrenheit, shall be properly installed and operated, and kept in a clean and sanitary condition.
(7)
Water and sewer system. Every kitchen sink, lavatory basin, bathtub or shower and water closet required under the provisions of this code, shall be properly connected to either a public water and sewer system or to a private water and sewer system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.
(8)
Water heating facilities. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water elsewhere in this code. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facility or other similar units, at a temperature of not less than one hundred thirty (130) degrees Fahrenheit at any time needed.
(9)
Heating facilities . Every dwelling unit shall have heating facilities and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained and in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of sixty-eight (68) degrees Fahrenheit when rented, at all times.
(10)
Operation of heating facilities. Every heating or water heating facility shall be installed and shall operate in accordance with the requirements of the building code or air pollution control ordinances.
(11)
Storage and removal of rubbish and garbage. Every dwelling unit shall be supplied with containers and covers for the temporary storage of rubbish and garbage. There shall also be a method for the removal of said rubbish and garbage from the premises.
(f)
Installation and maintenance. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements.
(1)
Facilities and equipment. All required equipment and facilities shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the building code.
(2)
Maintained clean and sanitary. All facilities 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.
(3)
Plumbing fixtures. Water lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the building code or county plumbing code.
(4)
Plumbing systems. Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the building code or county plumbing code.
(5)
Heating equipment. Every required room heating, water heating, and cooking device shall be properly installed, connected, and maintained, and shall be capable of performing the function for which it was designed in accordance with the provisions of the building code.
(6)
Electrical outlets and fixtures. Every electrical outlet and fixture required by this code shall be installed, maintained and connected to the source of electric power in accordance with the provisions of the building code or county electrical code.
(7)
Electrical system. The electrical system shall be maintained in such a manner that it will not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons.
(g)
Occupancy requirements. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof, which does not comply with the following requirements.
(1)
Minimum ceiling heights. Habitable rooms shall have a clear ceiling height of not less than seven and one-third (7 1/3 ) feet, except that in attics or top half stories the ceiling height shall be not less than seven (7) feet or not less than one-third ( 1/3 ) of the area when used for sleeping, study or similar activity. In calculating the floor area of such rooms only those portions of the floor area of the rooms having a clear ceiling height of five (5) feet or more may be included.
(2)
Required space in dwelling units. Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.
(3)
Required space in sleeping rooms. Every room occupied for sleeping purposes by one (1) occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof.
(4)
Access limitation of dwelling unit to commercial uses. No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or similar room used for public purposes.
(5)
Location of bath and second sleeping room. No dwelling unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants or more than one (1) sleeping room can be had only by going through another sleeping room; nor shall the room arrangement be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. No bathroom shall be so located that access thereto is solely through a kitchen.
(6)
Occupancy of dwelling units below grade. No dwelling unit partially below grade shall be used for living purposes unless:
a.
Floors and walls are watertight;
b.
Total window area, total openable area and ceiling height are in accordance with this code; and
c.
Required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area.
(h)
Light and ventilation. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, or portion thereof which does not comply with the following requirements.
(1)
Natural light in habitable rooms. Every habitable room shall have at least one (1) window facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be ten (10) percent of the floor area of such room, except in a kitchen when artificial light may be provided in accordance with the provisions of the building code. Whenever walls or other portions of the structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
(2)
Light in nonhabitable work space. Every laundry, furnace room, and all similar non-habitable work spaces shall have a minimum of one (1) supplied electric light fixture available at all times.
(3)
Light in public halls and stairways. Every public hall and inside stairway shall be adequately lighted at all times with an illumination of at least five (5) lumens per square foot in the darkest portion of the normally traveled stairs and passageways.
(4)
Electric outlets required. Where there is electric service available to the building or structure, every habitable room shall contain at least two (2) separate and remote outlets, one (1) of which may be a ceiling or wall-type electric light fixture. In kitchens three (3) separate and remote wall-type electric convenience outlets or two (2) such convenience outlets and one (1) ceiling or wall-type electric light fixture shall be provided. Every public hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one (1) electric light fixture. In addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least one (1) electric outlet.
(5)
Smoke detectors. All rental dwelling units shall be provided with smoke detectors of a type, make, and model approved by the county and state fire protection codes and mounted in locations as set forth in the aforementioned fire protection codes. Smoke detectors required by this section shall be installed and in operation by October 1, 1980 and maintained thereafter.
(6)
Adequate ventilation. Every habitable room shall have at least one (1) window which can be easily opened or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size required by the light and ventilation requirements of this code except where mechanical ventilation is provided in accordance with the provisions of the building code.
(7)
Ventilation and light in bathroom and water closet. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by this Code, except that no window shall be required in bathrooms or water closet compartments equipped with an adequate ventilation system.
(i)
Fire safety. No person shall occupy as owner-occupant, or shall let to another for occupancy, any dwelling, or portion thereof, which does not comply with the applicable provisions of the fire prevention sections of the building code and the following additional requirements for safety from fire.
(1)
Storage of flammable liquids prohibited. The dispensing or storage of flammable liquids with a flash point of one hundred ten (110) degrees Fahrenheit or lower shall not be permitted within a dwelling.
(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 obstructions, and kept functioning properly so as to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the provisions of the building code. The use of portable cooking and heating equipment employing flame is prohibited within dwellings.
(j)
Responsibility of persons. Owners and occupants of dwellings, multifamily dwellings, and dwelling units and owners or operators of rooming houses, shall be responsible for maintenance thereof as provided in this article.
(1)
Cleanliness. Every occupant of a dwelling unit shall keep that part of the dwelling unit and premises thereof which he or she occupies, controls or uses in a clean and sanitary condition.
(2)
Disposal of rubbish. Every occupant of a dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in the rubbish containers required by 5-2(e)(11) of this chapter.
(3)
Disposal of garbage. Every occupant of a dwelling unit shall dispose of his or her garbage in a clean and sanitary manner by placing it in the garbage disposal facilities, or if such facilities are not available, by removing all nonburnable matter and securely wrapping such garbage and placing it in tight metal or plastic garbage containers as required by chapter 10 of this Code.
(4)
Use and operation of supplied plumbing fixtures and basic facilities. Every occupant of a dwelling unit shall keep all supplied basic facilities, including plumbing fixtures, cooking and refrigeration equipment, electrical fixtures, in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation.
(5)
Installation and care of plumbing fixtures and other basic facilities furnished by occupant. Every plumbing or electrical fixture or other basic facilities furnished by the occupant of a dwelling unit shall be properly installed and operated and shall be maintained in good working condition, kept clean and sanitary, and free of defects leaks or obstructions.
(6)
Care of facilities, equipment, and structure. Except for impairment owing to normal deterioration use and wear, any occupant who shall willfully destroy, deface or impair any of the facilities, equipment or any part of the structure of a dwelling unit or dwelling shall be guilty of a misdemeanor and subject to the penalties of the Annotated Code of Maryland.
(7)
Care of premises. It shall be unlawful for the owner or occupant of a structure used for human habitation to utilize or allow to be utilized the premises of such residential property in whole or in part for the open storage of more than one motor vehicle for a period in excess of one (1) month when such vehicle is in a state of disrepair; that is, incapable of being moved under its own automotive power, and is more than five (5) years old based on its year of manufacture. The open storage for any period of time on residential property of any ice box, refrigerator, stove, glass, building materials, building rubbish or refuse, furniture or similar items or materials is also prohibited, irrespective of age or condition. It is the duty of the owner or occupant to maintain the outside premises of residential property free of all such listed items, including but not limited to weeds, dirt fill, dead trees, trash, garbage and the like, and to remove such items from their prohibited location upon notice from the building official.
(8)
Utilities. No owner, operator or occupant shall willfully cause any service, equipment or utility, as required by this Code, to be removed, shut off or discontinued for any occupied dwelling let or occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are being made or during other temporary emergencies.
(9)
Transfer of responsibility. A contract, lease or other agreement, effective as between owner and operator, operator and occupant, or owner and occupant, with regard to matters covered hereunder, shall not relieve any part of his or her direct responsibility under provisions of this Code.
(k)
Rooming houses. Every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, shall comply with the provisions of every section of this Code, except as provided in the following subsections:
(1)
Water closet, hand lavatory, and bath facilities. At least one (1) water closet, lavatory basin, and bathtub or shower properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever said facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar.
(2)
Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than three (3) persons shall contain at least fifty (50) square feet of floor area for each occupant thereof.
(3)
Bed linen and towels. The operator of every rooming house shall supply bed linen and towels therein at least once each week, and prior to the letting of any room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
(4)
Shades, drapes, etc. Every window of every rooming unit shall be supplied with shades, drawn drapes, or other devices or materials which, when properly used, will afford privacy to the occupant of the rooming unit.
(5)
Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house and premises.
(6)
Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by this code shall be located within the rooming house and within a room or rooms which:
a.
Afford privacy and are separate from the habitable rooms.
b.
Are accessible from a common hall and without going outside the rooming house or through the other room therein.
(Ord. No. 1-89, 5-11-89; Ord. No. O-03-01, 2-8-01; Ord. No. O-5-04, 12-9-04; Ord. No. O-2-14, 1-9-14; Ord. No. O-1-16, 4-14-16)