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(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)
(A) Scope. The provisions of this section shall govern the minimum standards for plumbing facilities and fixtures under this code.
(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 under § 1-6-42(B)(1). 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 code official.
(D) Plumbing fixtures.
(1) General. All plumbing fixtures shall be maintained in a safe and usable condition. All plumbing fixtures shall be of nonabsorbent material and shall have received all necessary and legally required approvals.
(2) Conditions.
(a) Water supply lines, plumbing fixtures, vents, and drains shall be properly installed, connected, and maintained in working order and shall be kept free from obstruction, 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 Frederick County Building Code or the Frederick County Plumbing Code.
(3) Maintenance. All plumbing fixtures shall be maintained in a clean and sanitary condition so as not to breed insects, 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 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 have separate meters for each unit where the tenant is required to pay for water usage above and beyond their rent and 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, properly maintained, and 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 of not less than 110°F.
(5) Alternative water systems. Alternative water systems may be allowed as approved on a case- by-case (basis).
(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 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 be made in accordance with the provisions of the Frederick County Building Code or the Frederick County Plumbing Code.
(Ord. 88-34-511, 8-23-1988; Ord. 93-18-082, 9-7-1993; Ord. 14-23-678, 11-13-2014)
(A) General. The provisions of this section shall govern the minimum standards for mechanical and electrical facilities and equipment under this code.
(B) Heating facilities.
(1) Residential 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 65°F in all habitable areas during the hours between 6:30 a.m. and 10:30 p.m. of each day and maintain a temperature of not less than 60°F during other hours.
(b) The temperature shall be measured at a point 3 feet above the floor and 3 feet from exterior walls.
(c) Exception. When the exterior temperature falls below 0°F and the heating system is operating at its full capacity, a minimum room temperature of 60°F shall be maintained at all times.
(2) Cooking and heating equipment.
(a) All cooking and heating equipment, components, and accessories in every heating, cooking, and water heating device shall be maintained free from leaks and water flow obstructions, and kept functioning properly so as to be free from fire, health, and safety hazards.
(b) A refrigerator supplied by the owner shall be capable of storing food at temperatures between 32° and 45°F under ordinary maximum summer conditions. Any replacement by the owner shall be approximately the same capacity, or larger, than the one removed.
(c) All installations and repairs shall be made in accordance with the provisions of the Frederick County Building Code, or other applicable laws or ordinances thereto.
(d) Portable cooking equipment employing flame is prohibited, except for residential type food trays or salvers which are heated by a candle or alcohol lamp and which have received all necessary and legally required approvals.
(3) Installation. All mechanical equipment used for heating and cooking shall be properly installed and safely maintained in good working condition and shall be capable of performing the function for which it was designed and intended.
(4) Fuel-burning equipment. All fuel- burning equipment shall be connected to a chimney, flue, or vent in accordance with applicable local or state codes or 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 control. 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 to 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. Provided that there is usable electric service available from a power line not more than 300 feet away, a structure shall be adequately and safely provided with an electrical system in compliance with the requirements of this section.
(2) Separate service. Each housing unit shall have a separate electric meter for each unit where the tenant is required to pay for electric usage above and beyond their rent.
(3) Receptacles. Each habitable area in a housing unit shall contain at least 1 receptacle outlet. Each laundry area and bathroom shall contain at least 1 grounded type receptacle. Each kitchen shall contain at least 2 receptacles.
(4) Lighting fixtures. Each public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least 1 electric lighting fixture.
(5) Service. When the electrical system requires modification to correct a violation of this section, the service shall be corrected to a minimum of 60-ampere, 3 wire service.
(6) Installation. All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of a type which has received all necessary and legally required approvals.
(Ord. 88-34-511, 8-23-1988; Ord. 93-18-082, 9-7-1993; Ord. 14-23-678, 11-13-2014)
(A) Scope. The provisions of this section shall govern the minimum standards for fire safety facilities and equipment under this code. All structures shall be constructed and maintained to prevent and avoid fire hazards and in a manner conducive to fire safety.
(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 structurally sound.
(5) Exit signs. All exit signs shall be illuminated and visible.
(6) Emergency escape. Each sleeping room located in a basement shall have at least 1 openable window or exterior door for emergency egress or rescue which has received all necessary and legally required approvals or shall have access to 2 separate exits which have received all necessary and legally required approvals.
(C) Accumulation 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 waste paper, boxes and rags, may not be accumulated or stored on the 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 100°F or lower, except as provided for in the applicable local building code.
(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 rating shall be maintained so that the respective fire resistance rating of the enclosure, separation, or construction is preserved.
(E) Fire protection systems.
(1) General. All fire protection systems and equipment shall be maintained in proper operating condition at all times.
(2) Smoke detectors.
(a) All housing units shall be provided with a minimum of 1 single station smoke detector in the vicinity of each sleeping area.
(b) The smoke detector shall be installed and maintained in accordance with the state fire laws, Md. Code Ann., Public Safety Article, Title 9, Subtitle 1, Smoke Detection Systems, or its successor statute.
(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) The use of doorstops, wedges and other hold-open devices which have not received all necessary and legal approvals or which have been denied approval is prohibited.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
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