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(A) Definitions. In this section the following words have the meanings indicated.
ELECTRIC VEHICLE. A vehicle that uses electricity for propulsion.
ELECTRIC VEHICLE SUPPLY EQUIPMENT. A device or facility for delivering electricity to an electric vehicle.
EV READY PARKING SPACE. A parking space that has full circuit installation of a minimum 40 ampere, 208/240-volt circuit, raceway wiring (three-quarter-inch minimum), a NEMA 14-50R receptacle, and circuit overcurrent protection devices.
EVSE-INSTALLED PARKING SPACE. A parking space with electric vehicle supply equipment that is fully installed from the electric panel to the parking space.
HOUSING UNITS.
(a) 1. Single- family detached houses;
2. Duplexes; and
3. Townhouses that are subject to the provisions of the International Residential Code.
(b) HOUSING UNITS does not include multifamily residential buildings that are subject to the provisions of the International Building Code.
LEVEL 2 CHARGING. The charging capability of the electric vehicle supply equipment:
(a) Includes the ability to charge a battery or any other energy storage device in an electric vehicle through the means of an alternating current electrical service with a minimum of 208 volts; and
(b) Meets applicable industry safety standards.
VEHICLE. The meaning stated in Md. Code Ann., Transportation Art., § 11-176.
(B) This subsection applies to the construction of housing units that include a separate garage, carport, or driveway for each residential unit.
(1) Shall include in or on garage, carport or driveway:
(a) One EVSE-installed parking space capable of providing at least Level 2 charging; or
(b) One EV-ready parking space.
(Bill No. 22-01, 3-15-2022; Bill No. 24-04, 5-21-2024)
§§ 1-6-24 — 1-6-30. RESERVED.
ARTICLE III: MINIMUM LIVABILITY CODE (§§ 1-6-31 — 1-6-49)
Section
1-6-31 General provisions
1-6-32 Definitions
1-6-33 Application
1-6-34 Code enforcement
1-6-35 Duties and powers of code official
1-6-36 Condemnation
1-6-37 Notices and orders
1-6-38 Violations
1-6-39 Right to appeal
1-6-40 Environmental requirements
1-6-41 Light and ventilation requirements
1-6-42 Plumbing facilities and fixture requirements
1-6-43 Mechanical and electrical requirements
1-6-44 Fire safety requirements
1-6-45 Responsibilities of persons
1-6-46 Severability
Cross references:
Electricity, see Chapter 1-7;
Health and sanitation, see Chapter 1-11;
Plumbing, see Chapter 1-14;
Unsafe buildings, see Chapter 2-4, Art. II;
Zoning, see Chapter 1-19
(A) Title. This article shall be known as the “Minimum Livability 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 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)
(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
(c) Requires both a water supply connection and a discharge to the drainage system of the premises.
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)
(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
(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)
(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)
(A) General.
(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 condemn the structure or part of it and 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. 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 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 a hazard to 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 the code.
(E) Closing of vacant structures. Upon failure of an 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 estate upon which the structure is located and shall be a lien upon the real estate. If the owner fails to repay the county for expenses incurred pursuant to this procedure within 30 days after written demand has been mailed to his last known address, the code official shall notify the collector of taxes for Frederick County and a tax lien in favor of the county for the amount of the expenses incurred pursuant to this procedure shall attach to the property. The property may be sold at tax sale to satisfy a lien authorized by this section.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
(A) General.
(1) 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 of it, or equipment under the provisions of § 1-6-36, notice shall be given to the owner and operator and to the tenant in the manner prescribed in this code.
(2) If the code official has condemned the structure, or part of it, or equipment, the code official shall serve prior notice to the property owner and operator and to the tenants of the intent to:
(a) Order the structure or part of it placarded or vacated; or
(b) Order the equipment placed out of service.
(B) Service of notice. Notice shall be deemed to be properly served upon a property owner or operator or tenant by one of the following methods:
(1) By delivering to the person to be served or his agent a copy of the notice and all other necessary papers; or
(2) By mailing to the person to be served at his last known address or to his agent by first class mail a copy of the notice and all other necessary papers and by posting a copy of it in a 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 a reasonable time to vacate the structure in accordance with the state or local law.
(D) Transfer of ownership. A property owner who has received a compliance order or upon whom a notice of violation has been served 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 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 the compliance order or notice of violation.
(E) Removal of placard. A property owner may not deface or remove a condemnation placard without the approval of the code official.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
(A) Penalty. Any person 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 $500 for each day that the violation exists or imprisonment not exceeding 3 months, or both.
(B) Other penalties. A 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.
(C) Injunctive relief. The county has the authority to seek injunctive relief to gain compliance with the provisions of this code.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
Petition: A person aggrieved 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 and shall be granted a hearing by the Director of the Division of Citizens Services or his designee. Any person aggrieved by his decision may request and may be granted a hearing by the County Executive or the County Executive's designee.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
(A) Scope. The provisions of this section shall establish the minimum standards for maintenance of premises and structures under this code.
(B) Premises conditions.
(1) Sanitation. The premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish and garbage.
(2) Insect and rodent control. The premises shall be free from infestation of insects, rodents, vermin, or other pests of a public health significance.
(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 structural members of a structure shall be kept structurally sound, free of deterioration, and maintained capable of safely bearing the dead and live loads imposed upon them.
(3) Exterior surfaces. Each foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in good repair and shall be kept in such condition as to exclude rodents and other pests of public health significance.
(4) Foundation walls. Foundation walls shall be structurally sound and shall be maintained free from open cracks and breaks.
(5) Exterior walls.
(a) Each 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.
(b) All exterior surface materials, including wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface-coated when required to prevent deterioration.
(6) Roofs and drainage. The roof shall be structurally sound and may 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 weather-coating material such as paint or other protective treatment.
(9) Chimneys.
(a) All chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally sound, safe and in good repair.
(b) All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials such as paint or similar surface treatment.
(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.
(14) Insect screens.
(a) General. 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 of structure.
(1) General. The interior of a structure and its equipment and facilities shall be maintained in good repair, structurally sound, and in sanitary condition so as not to pose a threat to the health, safety, or welfare of the occupants.
(2) Structural members. The supporting structural members of a structure shall be maintained structurally sound, free of deterioration, and maintained capable of safely carrying the imposed loads.
(3) Interior surfaces. Floors, walls (including windows and doors), ceilings and other interior surfaces shall be maintained in good repair and in a clean, safe and sanitary condition.
(4) Bathroom and kitchen floors. 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) Sanitation.
(a) The interior of a structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.
(b) Rubbish or garbage shall be properly kept inside temporary storage facilities.
(c) Garbage or rubbish may not be allowed to accumulate or be stored in public halls or stairways.
(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 vermin-proof walls. The rodent- and vermin-proof 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.
(8) Exit facilities.
(a) All interior stairs and railings and other exit facilities of a structure shall be maintained in sound condition and good repair.
(b) Each interior stair used for exit shall be maintained so as to be safe to use and capable of supporting the anticipated loads.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
(A) General.
(1) Scope. The provisions of this section shall govern the minimum standards for basic equipment and facilities used for light and ventilation of a structure under this code.
(2) Alternative methods and devices. In place of the means for natural light and ventilation prescribed in this regulation, 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 Frederick County 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 60 watt standard incandescent light bulb for each 200 square feet of floor area, provided that the spacing between lights may not be greater than 30 feet. Every exterior stairway shall be illuminated.
(C) Ventilation.
(1) General. All areas in a structure shall be provided sufficient ventilation so as not to endanger health and safety.
(2) Mechanical ventilation.
(a) When mechanical ventilation is provided instead of natural ventilation, the mechanical ventilating system shall be maintained in operation 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.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
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