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(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)
(A) Scope. An owner shall be responsible for compliance with the provisions of this code and may be cited for violations of it, except as provided in this section. A person may not rent or lease to another person for occupancy or use any housing unit unless the structure and premises comply with the provisions of this code.
(B) General. An owner may not be cited for a violation of this code that is caused by the negligent, wrongful or malicious acts or omissions of a tenant, provided the owner’s acts or omissions have not contributed in any way to cause the violation.
(C) Sanitary condition.
(1) Cleanliness.
(a) The tenant shall be responsible for keeping that part of the structure or premises which the tenant occupies, controls, or uses in a clean and sanitary condition.
(b) Each owner of a structure containing 2 or more housing units shall maintain, in a clean and sanitary condition, the common areas of the structure and premises.
(2) Disposal and storage of rubbish and garbage. The tenant shall be responsible for the storage and disposal of rubbish and garbage in a clean and sanitary manner as may be required by applicable laws or ordinances.
(3) Supplied fixtures and equipment.
(a) The tenant shall be responsible for keeping owner-supplied equipment and fixtures clean and sanitary and for the exercise of reasonable care in their proper use and operation.
(b) The owner shall be responsible for maintaining the equipment and fixtures in good and proper operating condition.
(4) Furnished by tenant. The tenant shall be responsible for the maintenance of equipment and fixtures furnished by the tenant. The equipment and fixtures shall be properly installed and shall be maintained in good working condition, kept clean and sanitary, and free of defects, leaks, or obstructions.
(D) Extermination.
(1) All structures. If necessary, the owner shall be responsible for extermination within the structure and on the premises before renting or leasing the structure.
(2) Single occupancy. The tenant of a structure containing a single housing unit shall be responsible for the extermination of any insects, rodents or other pests in the structure or the premises.
(3) Multiple occupancy. Each owner of a structure containing 2 or more housing units shall be responsible for the extermination of any insects, rodents, or other pests in the structure or on the premises except where infestation within a housing unit is caused by a failure of the tenant to take reasonable action to prevent the infestation within the housing unit.
(E) Fire safety. Responsibility for installing and maintaining in good working order any smoke detector installed pursuant to this code shall be in accordance with the state fire laws, Md. Code Ann., Public Safety Article, Smoke Detection Systems, or its successor.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
The provisions of these sections are severable. A judgment by any court of competent jurisdiction finding or declaring that any provisions of these sections or the application of any provision to any person or circumstance is invalid does not affect the validity of the remaining provisions of the sections or any other application of these sections and the remaining applications shall have full force and effect as if no judgment has been entered.
(Ord. 88-34-511, 8-23-1988; Ord. 14-23-678, 11-13-2014)
§§ 1-6-47 – 1-6-49. RESERVED.
(A) As used in this article, the following words have the meanings indicated.
COMMUNITY WATER SYSTEM (WELL). A source of water and a distribution system, including treatment and storage facilities, whether publicly or privately owned, serving two or more individual lots.
HAZARDOUS SUBSTANCE. Any substance, including oil or its by-products, that:
(a) Conveys toxic, lethal, or other injurious effects or which causes sublethal harmful alterations to plant, animal, or aquatic life;
(b) May be injurious to human beings;
(c) Persists in the environment; and
(d) Any matter identified as a "hazardous waste" by the Environmental Protection Agency or a "controlled hazardous substance" by the Maryland Department of the Environment. For the purposes of this section, excluding propane and natural gas.
STORAGE TANK. A storage tank above or below ground with a capacity of 270 gallons or more, connected piping, ancillary equipment and containment system, if any, other than a private 1-unit residence which stores oil within the residence for personal use.
WELLHEAD PROTECTION AREA. The geographic boundaries of municipal and community wellhead protection areas delineated by the sourcewater assessments performed by the Maryland Department of the Environment, as amended.
(B) A permit shall be obtained from the Frederick County Office of Permits and Inspections for the placement or installation of any hazardous substance storage tank and a new permit obtained for any change in the substance stored in the storage tank.
(C) (1) A hazardous substance storage tank shall not be located within 500 feet of a community water supply system well.
(2) A hazardous substance storage tank to be located within a wellhead protection area and more than 500 feet from a community water supply system well, shall be placed above ground and be surrounded by a one hundred percent (100%) catchment basin or double-walled containment and a spill protection overfill alarm.
(3) A hazardous substance storage tank to be located within an area outside the boundaries of the wellhead protection area, may be located underground but shall meet all current state and federal requirements or may be placed as described in subsection (2) above. In addition, if the tank is to be placed underground, the county Community Development Division shall be furnished with a report from a hydrogeologist which states: the nature of the underlying soil, geologic structure, and aquifer, and the likelihood of contamination of neighboring water sources in the event the contents of the storage tank are discharged, and an estimate of the groundwater travel time which might be expected from the location of the storage tank to the community supply well; based on the report, or on its own studies or information or expertise, the county government shall refuse to issue the permit if there is undue danger to the public health, safety or general welfare in the opinion of the county government or its consultant.
(4) All permits for hazardous substance storage tanks shall be reviewed by the Community Development Division for compliance with the setback limiting requirements of the Frederick County Code, including those set forth in this paragraph.
(D) The applicant for a hazardous substance storage tank permit shall submit its application to the Community Development Division.
(E) Any person, partnership, firm or corporation who directs or permits any violations of any of the provisions of this section or who aids or assists therein, either on his own behalf or in the interest of his employer or principal shall, upon conviction thereof by a court of competent jurisdiction, be guilty of a misdemeanor punishable by a fine of not more than $100 or by imprisonment for not more than 30 days or both for each separate offense. Every day each violation exists shall constitute a separate offense and be punishable as such.
(F) This section supplements other laws and regulations. Where this article or any portion thereof imposes a greater restriction than is imposed by other laws or regulations, the provisions of this article shall control. However, nothing in this section relieves the applicant from compliance with other sections of the Frederick County Code, the Maryland Code or Regulations enacted thereunder, or federal law or regulation.
(Ord. 90-27-625, 6-22-1990; Ord. 07-16-456, 5-15-2007; Ord. 14-23-678, 11-13-2014)
Cross references:
Other provisions relating to storage tanks, see §§ 1-19-5.310, 1-19-7.610, 1-19-8.211, 1-19-8.352 and 1-19-11.100
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