§ 1-6-32. DEFINITIONS.

(1) Establishing minimum property maintenance standards for basic equipment and facilities used for light, ventilation, heating and sanitation for residential structures and premises, and for safe and sanitary maintenance of residential structures and premises;

(2) Establishing minimum requirements for residential structures and premises for means of egress, fire protection systems and other equipment and devices necessary for safety from fire;

(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.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

§ 1-6-32. DEFINITIONS.

(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. Words in the masculine gender include the feminine and neuter. 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 context may imply.

(B) Terms defined.

BASEMENT. That portion of a structure which is partly or completely below grade.

CENTRAL HEATING. 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.

CODE. The Minimum Livability Code regulations.

CODE OFFICIAL. The Director of the Frederick County Department of Housing and Community Development or her designee.

CONDEMN. To declare a structure or part of it, premises, or equipment, unsafe or unfit for use or occupation.

EXTERMINATION. The control and elimination of insects, rodents, or other pests by:

(a) Eliminating their harborage places;

(b) Removing or making inaccessible materials that may serve as their food;

(c) Poison spraying, fumigating, trapping, or by any other pest elimination methods which have received all necessary and legally required approvals.

GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE AREA. 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.

HOUSING UNIT. A single unit of a structure providing or intended to provide complete living and sleeping facilities for 1 or more persons.

INFESTATION. The presence, within or contiguous to a structure or premises of insects, rodents, vermin or other pests.

MAINTENANCE. 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.

OCCUPANT. An individual having possession of a space within a housing unit.

OPERATOR. A person who has charge, care, or control of a structure or premises which is offered for occupancy.

OWNER. PROPERTY OWNER, as defined below.

PERSON. An individual, partnership, limited partnership, trust, estate, association or corporation.

PLUMBING. 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.

PLUMBING FIXTURE. A receptacle or device which:

(a) Is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from it;

(b) Discharges used water, liquid- borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or

PREMISES. A lot, plot or parcel of land, including the structures on it.

PROPERTY OWNER. 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.

RUBBISH. Paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials as well as the residue from the burning of wood, coal, coke, and other combustible materials.

STRUCTURE. A residential structure used for human habitation.

TENANT. An occupant other than a property owner.

VENTILATION.

(a) VENTILATION means the process of supplying and removing air by natural or mechanical means to or from a space.

(b) MECHANICAL VENTILATION means ventilation by power-driven devices.

(c) NATURAL VENTILATION means ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks without power- driven devices.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

§ 1-6-33. APPLICATION.

(A) The Minimum Livability Code shall apply to residential structures used for human habitation except:

(1) Owner-occupied single-family housing units; or

(2) Housing exempted by the code official.

(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 the Frederick County Building Code, the Frederick County Plumbing Code, the Frederick County Electrical Code or any other law or ordinance applicable to housing in Frederick County.

(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 of 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.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

Cross references:

Building Code, see Chapter 1-6, Art. II;

Electrical Code, see Chapter 1-7, Art. III;

Plumbing Code, see Chapter 1-14, Art. IV

§ 1-6-34. CODE ENFORCEMENT.

(A) Enforcement. It shall be the duty and responsibility of the Director of the Frederick County Department of Housing and Community Development or her designee to enforce the provisions of this code.

(B) Waiver. The Director of the Frederick County Department of Housing and Community Development may waive applicability of this code, in whole or part, to a unit of rental housing on application of the owner if:

(1) Adequate notice is afforded a tenant of the unit; that is, a copy of the said application is either hand-delivered or mailed first class to the tenant with a request for comment;

(2) The tenant is afforded an opportunity to comment on the application either in writing or in person; and

(3) The waiver would not threaten the health or safety of a tenant.

(C) Displacement. A person may not be displaced by enforcement of the Minimum Livability Code unless alternate housing of comparable affordability is available within a reasonable distance of the vacated premises.

(D) Enforcement and waiver applications are not intended to supersede any state laws pursuant to the Maryland Code Annotated as follows:

(1) State fire laws, Md. Code Ann., Public Safety Article, Title 6;

(2) State elevator laws, Md. Code Ann., Public Safety Article, Title 12, Subtitle 8; and

(3) State boiler laws, Md. Code Ann., Public Safety Article, Title 12, Subtitle 9.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

§ 1-6-35. DUTIES AND POWERS OF CODE OFFICIAL.

(A) General. The Director of the Frederick County Department of Housing and Community Development or her designee is hereby designated as the code official. The code official shall enforce the provisions of this code except as may otherwise be specifically provided by these sections.

(B) Notices and orders. The code official shall issue all notices and orders necessary to ensure compliance with this code.

(C) Inspections. The code official is authorized to enter a structure or premise at any reasonable time upon providing reasonable notice to the owner or tenant for the purpose of making inspections and performing duties under this code.

(D) Alterations and repairs.

(1) 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 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 shall have the authority to approve changes in alterations or repairs in the field when conditions are encountered which make the originally approved work impractical, if the changes in approved work can be readily determined to be in compliance with this code and are requested by the owner or his agent before the changes.

(3) The changes shall be specifically documented by the 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 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 may seek, in a court of competent jurisdiction, an order that the property owner, tenant, or operator cease and desist from the interference.

(F) Access by owner. A tenant of a structure or premises shall give the owner 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) Credentials. The code official shall disclose his credentials 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 a code official initiating an inspection of a premises under this code becomes aware that an inspection of the same premises is to be made by any other governmental official or agency, the code official shall make a reasonable effort to arrange for the coordination of the inspections so as to minimize the number of visits by inspectors.

(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 any governmental official or agency which the governmental official or agency determines must be issued.

(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc