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(a) Other County laws apply. In addition to this Chapter, each owner of property must also comply with any property and structure maintenance requirements in Chapter 8, Chapter 17, Chapter 22, Chapter 29, Chapter 48, Chapter 58, and Chapter 59.
(b) Historic properties. If an enforcement action taken under this Chapter would directly affect any building or structure which has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, or which is listed on the locational atlas and index of historic sites maintained by the Planning Board, the enforcing agency must apply for a historic area work permit under Section 24-7 or a permit under Section 24A-10, whichever applies, before the enforcing agency removes the building or structure, substantially alters its exterior features, or contracts to do either.
c) Conflict of laws. If any provision of this Chapter conflicts with any other County, municipal, state, or federal law, the more stringent law applies. (Mont. Co. Code 1965, § 91-16; 1993 L.M.C., ch. 26, § 4; 2002 L.M.C., ch. 15, § 1; 2006 L.M.C., ch. 33 § 1.)
Editor’s note—Former § 26-17, “Effect of Chapter on other laws,” was repealed, re-enacted with amendments, renumbered § 26-4, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-4, “Inspections generally; when warrants required; right of entry of inspectors and owners,” was repealed, re-enacted with amendments, renumbered § 26-11, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a) Floor area, dwelling unit. Every dwelling unit must contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor area for every additional occupant. The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.
(b) Floor area, sleeping. In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes by one occupant must contain at least 70 square feet of habitable space, and every room occupied for sleeping purposes by more than one occupant must contain at least 50 square feet of habitable space for each occupant. However, in a mobile home every room occupied for sleeping purposes by one occupant must contain at least 50 square feet of habitable space; by 2 occupants, at least 70 square feet of habitable space; and by more than 2 occupants, at least an additional 50 square feet of habitable space for each additional occupant.
(c) Floor area, individual living unit. Each individual living unit must contain at least 150 square feet of floor area for each occupant. The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.
(d) Ceiling height. At least one-half of the floor area of every habitable room must have a ceiling height of at least 6 feet 8 inches, except that a beam, girder, duct or other obstruction may project to within 6 feet 4 inches of the finished floor.
(e) Cellar space. Cellar space must not be used as habitable space without written permission from an enforcing agency.
(f) Basement space. Basement space must not be used as habitable space unless, in addition to all other requirements of this Chapter:
(1) the floor and walls and are impervious to leakage of underground and surface runoff water and insulated against dampness; and
(2) the minimum aggregate glass area of windows required by this Chapter is located entirely above the grade of the ground adjoining the window area.
(g) Access to sleeping room. The access to any sleeping room must not pass through another sleeping room.
(h) Privacy. Each dwelling unit and individual living unit must be arranged to provide privacy, with doors and floor to ceiling walls. (Mont. Co. Code 1965, § 91-8; 1979 L.M.C., ch. 11, § 4; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; 2002 L.M.C., ch. 15, § 1; 2019 L.M.C., ch. 18, §1.)
Editor’s note—Former § 26-9, “Minimum space, use and location requirements,” was repealed, reenacted with amendments, renumbered § 26-5, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
Editor’s note—Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1, former § 26-6, “Minimum standards for light, ventilation and heating,” which was derived from Mont. Co. Code 1965, § 91-6; 1972 L.M.C., ch. 12, § 2; 1972 L.M.C., ch. 16, § 13; 1979 L.M.C., ch. 11, § 3; 1980 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; and former § 26-7, “Temperature control,” which was derived from 1972 L.M.C., ch. 12, § 3; 1973 L.M.C., ch. 27, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, were repealed, reenacted with amendments, renumbered §§ 26-6 and 26-7, and retitled pursuant to 2002 L.M.C., ch. 15, § 1. Certain portions of Former § 26-5, “Minimum standards for basic equipment and facilities,” were incorporated into § 26-8 pursuant to 2002 L.M.C., ch.15, § 1.
All equipment and facilities must be properly installed, maintained, and kept in good repair. The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a) Electric service. Where electric service is available from power lines which are not more than 300 feet away, each dwelling, dwelling unit, personal living quarters, transient lodging facility, and all public and common areas must be supplied with electric service, outlets and fixtures which are properly installed, maintained in good and safe working condition, and connected to the source of electric power in a manner consistent with applicable County regulations. The capacity of the services and the number of outlets and fixtures must meet the following requirements:
(1) Every habitable room must have an electric service and outlets or fixtures, or both, capable of providing at least 3 watts per square foot of floor area.
(2) Every habitable room must have at least one floor or wall electric convenience outlet for each 60 square feet of floor area, and in no case less than 2 outlets.
(3) Every water closet compartment, bathroom, laundry room, furnace room and public hall must contain at least one supplied ceiling or wall electric light fixture.
(4) Every cooking area must be supplied with at least one circuit rated for at least 20 ampere service capacity.
(5) Circuit breakers, fuses and other circuit protection devices must:
(A) not exceed the rated capacity of the circuit; and
(B) be sufficient for normal household use.
(6) Each individual room air conditioning unit, regardless of its current rating, must be served by not less than an individual 20-amp circuit using No. 12 copper wire which terminates in a single receptable.
(b) Water and sewer service.
(1) All plumbing fixtures and systems must be installed and maintained as prescribed by applicable County or Washington Suburban Sanitary Commission regulations.
(2) Any dwelling unit on property where Washington Suburban Sanitary Commission water or sewer service is not available and a private water supply and sewage disposal system cannot be legally installed may receive a waiver under conditions set by regulation.
(3) In mobile homes, plumbing systems must be protected from freezing.
(c) Kitchen.
(1) Every dwelling unit and personal living quarters building must contain a room or space with the following equipment and facilities to store, prepare, and cook food:
(A) cooking and baking facilities;
(B) storage cabinets;
(C) a refrigerator and freezer (compartment or separate unit) for perishable food storage. Each refrigerator must be capable of maintaining a temperature below 45 degrees Fahrenheit. Each freezer or freezer unit must be capable of maintaining a temperature between 6 and 12 degrees Fahrenheit;
(D) a kitchen sink in good working condition, properly connected to a hot and cold running water system under pressure and an approved sewer system.
(2) Any cooking equipment which is installed in every individual living unit in a personal living quarters building need not be installed in a shared kitchen. However, an individual living unit must not be equipped with complete cooking facilties.
(3) The owner of a rooming house must post in each occupied rooming unit a sign stating “No Cooking Permitted in This Room” in letters at least inch high.
(d) Bathroom. Each dwelling unit, personal living quarters building, and transient lodging facility must be equipped with a complete bathroom fixture group, consisting of a flush water closet, lavatory basin, and bathtub or shower in good working condition, installed and maintained as prescribed by applicable County or Washington Suburban Sanitary Commission regulations.
(1) The bathroom fixture group must be properly connected to an approved sewage disposal system and an approved hot and cold running water system under pressure, except that the flush water closet must be connected to an approved sewage disposal system and an approved cold running water system under pressure.
(2) The flush water closet, lavatory basin, and bathtub or shower need not be installed in the same room, but the room where any of them is installed must afford privacy to a person in that room. A flush water closet and lavatory must be accessible from each bedroom without passing through another bedroom.
(3) Every personal living quarters building and every transient lodging facility that does not contain a flush water closet, lavatory basin, and bathtub or shower in each individual living unit must contain shared facilities, located in the building and accessible to all occupants from common halls or passageways. At least one flush water closet, lavatory basin, and bathtub or shower must be installed for each 6 occupants or fraction of 6. In a transient lodging facility where rooms are let only to males, flush urinals may be substituted for not more than half the required water closets.
(e) Rubbish and garbage storage. Each dwelling unit, personal living quarters, and transient lodging facility must be supplied with adequate rubbish storage facilities and with adequate garbage disposal facilities or garbage storage containers as required by Chapter 48.
(f) Additional requirements for certain mobile homes. Each mobile home, except a mobile home located in a licensed mobile home park, must be:
(1) placed on a permanent foundation which meets the requirements of Chapter 8; and
(2) securely tied down with ties and ground anchors which meet the requiremetns of Chapter 8. (2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; former § 26-6, “Minimum standards for light, ventilation and heating,” which was derived from Mont. Co. Code 1965, § 91-6; 1972 L.M.C., ch. 12, § 2; 1972 L.M.C., ch. 16, § 13; 1979 L.M.C., ch. 11, § 3; 1980 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; and former § 26-7, “Temperature control,” which was derived from 1972 L.M.C., ch. 12, § 3; 1973 L.M.C., ch. 27, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, were repealed, reenacted with amendments, renumbered §§ 26-6 and 26-7, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
The owner of each dwelling or dwelling unit must assure compliance with the following standards during human habitation:
(a) Natural light. Each habitable room must contain windows, skylights, shutters, monitors, glazed doors, transoms, glass block panels, or other light transmitting media open to the sky or to a public street, yard or court which comply with the requirements for lighting in Chapter 8.
(1) When windows and exterior doors are used to provide natural light and ventilation, their aggregate glass area must be at least 8 percent of the floor area of each habitable room.
(2) If walls or other portions of structures face a window of any habitable room and are located less than 3 feet from the window and extend above the ceiling of the room, the window must not be included in the required minimum total window area.
(3) If the only window in a room is a skylight in the ceiling, the minimum aggregate glass area of the skylight must be at least 15 percent of the floor area of the room.
(4) Alternate arrangements of windows, doors or other methods that will provide the equivalent minimum light performance as prescribed in Chapter 8 may be used, but every individual living unit must have at least one window which aggregate glass area greater than 4 percent of the floor area of all rooms in the individual living unit.
(b) Artificial light. Each common hallway and stairway in a multiple dwelling and personal living quarters building must be adequately lighted with lighting facilities sufficient to provide at least 3 foot-candles of light at the floor or stair tread level at all times. Each common hallway and stairway in a structure devoted solely to dwelling occupancy and containing not more than 4 dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
(c) Ventilation. Each habitable room must provide adequate ventilation that meets the minimum standards prescribed in Chapter 8.
(1) When ventilation is provided by windows and exterior doors, the total of the openable window or door area in each habitable room must be at least 45 percent of the minimum aggregate glass area of the window or skylight as required in subsection (a) or 4 percent of the floor area of every habitable room.
(2) Every window or opening to outdoor space, used or intended to be used for ventilation, must be supplied with screens or other method of insect control approved by the Director.
(3) Every window used or intended to be used for ventilation, and every other opening in any dwelling which might provide an entry for rodents, must be supplied with a screen or other device which effectively prevents their entrance.
(d) Light and ventilation for bathrooms. Each bathroom and water closet compartment must comply with the light and ventilation requirements in Chapter 34 or applicable plumbing regulations of the Washington Suburban Sanitary District.
(e) Space and water heating. Each dwelling or dwelling unit, personal living quarters building, and transient lodging facility must be supplied with space and water heating facilities which are properly installed and are maintained in safe and good working condition. Either central or space heating may be used, but each must meet the following requirements:
(1) Central heating. Each central heating unit or central hot water heating unit must:
(A) have each heat duct, steam pipe, or hot water pipe free of leaks and functioning properly to provide a sufficient amount of heat and hot water to the intended place of delivery;
(B) be equipped with seals between sections of hot air furnaces to prevent the escape of toxic gases into heat ducts;
(C) if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and
(D) be provided with automatic safety devices which are installed and operated as required by applicable County regulations.
(2) Space heating; hot water. Each space heating or hot water unit must:
(A) not use gasoline as a fuel;
(B) not be manufactured or designed to be portable if the unit uses solid, liquid, or gaseous fuel;
(C) if the unit uses a flame, be connected to a flue or vent as required by applicable County regulations;
(D) if the unit uses gaseous fuel, be connected with a non-flexible metal tubing;
(E) if the unit uses solid or liquid fuels, have a fire resistant panel beneath it;
(F) be located at least 2 feet away from any wall, or be equipped with insulation sufficient to prevent the overheating of any wall as prescribed by applicable standards of the American National Standards Association or the National Fire Protection Association;
(G) if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and
(H) be installed and operated as required by applicable County regulations.
(3) Temperature control - space heating.
(A) Each owner of a dwelling unit or individual living unit where the heat is not under the control of the tenant must maintain a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.
(B) Each owner of a dwelling unit or individual living unit where the heat is under the control of the tenant must provide in working condition heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.
(C) If the thermostat or other mechanism governing the heat in more than one dwelling unit in a multiple dwelling or individual living unit in a personal living quarters building is located in a dwelling unit or individual living unit where the occupant of that unit controls the heat delivery to other dwelling units or individual living units, the owner must provide each tenant with an emergency phone number to directly contact a person who has 24-hour access to adjust the heat and who will adjust the heat within 2 hours.
(4) Temperature control - hot water. Water-heating facilities necessary to provide hot water required by this Chapter must be capable of heating water to a temperature that permits a sufficient amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees or more than 140 degrees Fahrenheit. The supplied water-heating facilities must be capable of meeting applicable water heat requirements when heating facilities required under this Chapter are not operating.
(f) Temperature control – air conditioning in rental housing.
(1) For purposes of this subsection, rental housing has the meaning stated in Section 29-1, except that rental housing does not include:
(A) a detached single-family home; or
(B) a dwelling unit located on a site listed in the National Register of Historic Places.
(2) Except as provided in paragraph (3), between June 1 and September 30:
(A) Each owner of rental housing where the cooling is not under the control of the tenant must maintain a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
(B) Each owner of rental housing where the cooling is under the control of the tenant must provide an air conditioning system capable of maintaining a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.
(C) An owner of rental housing must provide a tenant an emergency phone number to directly contact a representative, with 24-hour access to adjust the thermostat, if the cooling system is incapable of maintaining the temperature required under paragraph (2)(A) and (2)(B) of this subsection.
(3) A landlord may apply for, and the Director may grant, an extension of up to six months to comply with the requirements of this Section if the Director finds that:
(A) the landlord must make electrical upgrades to the rental housing to comply with the requirements; and
(B) making the upgrades would cause financial hardship to the landlord.
(4) This subsection must not be construed to permit any violation of a fire safety requirement under Section 26-8(a). (2002 L.M.C., ch. 15
, § 1; 2020 L.M.C., ch. 4, §1; 2024 L.M.C., ch. 10, § 1.)
Editor’s note—2020 L.M.C., ch. 4, §§2, 3, and 4 state: Sec. 2. Transition. For 12 months following the effective date of this Act, a landlord may request, and the Director may grant, delayed implementation of the requirements of this Act for any real property that is the subject of a pending application for a necessary approval for development before the Planning Board, Board of Appeals, or Office of Zoning and Administrative Hearings. The period of delayed implementation for a property may not exceed the sooner of the completion of the development or 24 months.
Sec. 3. Impairment of Leases. This Act must not be construed to invalidate or impair a lease in effect on the effective date of the Act.
Sec. 4. Financing. The Executive must, subject to appropriation and applicable law, explore options to offer low-interest financing to landlords who need to upgrade their electrical systems to comply with the requirements of this Act.
Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; former § 26-6, “Minimum standards for light, ventilation and heating,” which was derived from Mont. Co. Code 1965, § 91-6; 1972 L.M.C., ch. 12, § 2; 1972 L.M.C., ch. 16, § 13; 1979 L.M.C., ch. 11, § 3; 1980 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1; and former § 26-7, “Temperature control,” which was derived from 1972 L.M.C., ch. 12, § 3; 1973 L.M.C., ch. 27, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, were repealed, reenacted with amendments, renumbered §§ 26-6 and 26-7, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
(a) Fire safety - means of escape.
(1) Each dwelling unit, individual living unit, and rooming unit must have a safe, unobstructed means of escape leading to safe and open space at ground level, as required by Chapters 8 and 22.
(2) Each mobile home must have at least 2 exit doors which provide a means of unobstructed escape and are located at a sufficient distance from each other to assure safe escape from any part of the mobile home in a fire or emergency. Each exterior mobile home door must:
(A) be constructed for exterior use;
(B) open outward;
(C) be capable of being opened from the inside by the use of a lever, knob, button, handle, or other device which does not require a key for operation from the inside; and
(D) provide a 26-inch wide clear opening, unless otherwise permitted as an emergency exit only.
(3) Each room in a mobile home designed expressly for sleeping purposes, unless it has an exit door, must have at least one outside window which:
(A) can be opened from the inside without using tools;
(B) has a clear opening of not less than 22 inches in the least dimension and 5 square feet in area, with the bottom of the opening not more than 4 feet above the floor; and
(C) if supplied with a screen or storm window, must have the screen or storm window readily removable without using a tool.
(b) Fire safety - smoke detectors.
(1) The owner of each occupied dwelling unit must provide smoke detectors in that dwelling unit as required by Section 22-96 and Section 17-37.
(2) Where an enforcing agency finds that smoke detectors have not been properly installed or maintained in working order, the agency must promptly report this fact to the Fire and Rescue Service or notify the nearest fire station.
(c) Doors off common areas, multi-family dwellings. Any door in a multi-family dwelling which opens onto an exit access corridor must be self-closing and self-latching, and must have a minium 20-minute fire protection rating under the applicable fire safety provision.
(d) Security in multiple dwelling units and personal living quarters buildings.
(1) Each owner of a rental dwelling unit in any multiple dwelling or of a personal living quarters building must supply, install and maintain locks and other security measures for doors and windows.
(2) A person must not replace or alter any keyed lock, or place a new lock on the entrance of a dwelling unit, without first providing both the tenant and owner of that dwelling unit with a suitable functional key to operate the lock. A tenant must obtain permission from the owner, in writing, before installing a lock.
(3) (A) Every owner of a personal living quarters building or 2 or more contiguous rental dwelling units must alter the required deadbolt locks on all affected dwelling unit, personal living quarters, and individual living unit entrance doors between tenancies to protect against misuse of a master key or if the enforcing agency notifies the owner that the agency has reason to believe that a master key has been lost or stolen or is being used in the commission of a crime.
(B) The owner must restrict access to any master key, or any other key which operates more than one key cylinder. Every master key must be accounted for at all times. Master key records must be available for inspection by the enforcing agency or the police department during normal business hours.
(4) Door locks.
(A) Each swinging entrance and exit door to a personal living quarters building, individual living unit, or rental dwelling unit must have a deadbolt lock with a minimum one-inch throw, or another acceptable
security device. Security measures other than the manufacturer’s latch are not required for a door which only allows access to a balcony located at least 3 stories above the ground.
(B) Each sliding, double, french or paired exterior door less than 3 stories above the ground must be installed and maintained to protect the door from sliding or being pried out of its track, or forced open when locked. One door of each sliding door structure must be stationary and secured in place by screws or pins.
(5) Viewers. A viewer must be installed in each entrance or exit door to an individual living unit or rental dwelling unit, but a viewer need not be installed if a window, vision panel, or similar transparent device is located within 2 feet of the door and faces the external area in front of the door.
(6) Windows. Each openable window in an exterior wall of a rental dwelling unit, personal living quarters building, or individual living unit that is located within reach of the ground or any adjacent surface must be constructed and maintained to protect it from being opened from the outside and from being pried out of its frame or track.
(7) Other locks required. The owner of each multiple dwelling with rental dwelling units or personal living quarters building must lock any access panel to a roof, attic, crawl space, storage area, and any other area which is not used daily.
(e) Security in other rental dwelling units. Each owner of any rental dwelling unit must supply, install, and maintain a lock for every door to the outside, and each door must close securely. The owner must supply the tenant with a key which will operate the lock from the outside, and the lock must operate by a thumb turn from the inside. A comparable lock may be substituted on any door with a thin frame.
(f) Address number. Each dwelling must be numbered as required in Section 22-97. Each individual unit in a dwelling must be numbered. (2002 L.M.C., ch. 15, § 1.)
Editor’s note—Former § 26-10A, “Security requirements for rental dwelling units and personal living quarters,” which was derived from 1982 L.M.C., ch. 19, § 3; 1998 L.M.C., ch. 23, § 1 and 1997 L.MC., ch. 1; and former § 26-21, “Smoke detectors” which was derived from 1977 L.M.C., ch. 9, § 2; 1978 L.M.C., ch. 40, § 2; 1980 L.M.C., ch. 29, § 1; 1984 L.M.C., ch. 24, § 29; 1988 L.M.C., ch. 23, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2, were repealed, reenacted with amendments, renumbered § 26-8, and retitled pursuant to 2002 L.M.C., ch. 15, § 1. Also, certain portions of Former § 26-5, “Minimum standards for basic equipment and facilities,” which was derived from Mont. Co. Code 1965, § 91-5; 1972 L.M.C., ch. 12, § 1; 1979 L.M.C., ch. 11, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1, were incorporated into § 26-8 pursuant to 2002 L.M.C., ch.15, § 1.
Editor’s note—Former § 26-8, “General requirements relating to safe and sanitary maintenance,” which was derived from Mont. Co. Code 1965, § 91-7; 1980 L.M.C., ch. 29, § 1; 1988 L.M.C., ch. 23, § 1; and 1997 L.M.C., ch. 1, § 1, was repealed by 2002 L.M.C., ch. 15, § 1.
(a) Applicability. The provisions of this Section apply to any occupied single-unit, two-unit, and townhouse unit, as defined in Chapter 59, for which a building permit was issued before January 1, 2008.
(b) Required.
(1) The owner of each occupied single-unit, two-unit, and townhouse dwelling unit containing a fuel burning appliance or attached garage must install carbon monoxide detection and warning equipment.
(2) Carbon monoxide alarms or detectors must be installed as follows:
(A) outside of each separate dwelling unit sleeping area and in the immediate vicinity of the bedrooms; and
(B) on every occupiable level of a dwelling unit, including basements, excluding attics and crawl spaces.
(3) A carbon monoxide alarm or detector must:
(A) be located on the wall, ceiling, or other location as specified in the manufacturer’s published instructions that accompany the unit; and
(B) be installed and maintained under NFPA 720.
(c) Equipment.
(1) Single station carbon monoxide alarms.
(A) A single station carbon monoxide alarm must be battery operated or must receive its primary power from the building wiring system.
(B) A plug-in device may satisfy this requirement if it is securely fastened to the structure and installed as directed by the manufacturer’s installation instructions.
(C) A hard wired or plug-in carbon monoxide alarm must be equipped with battery back-up.
(2) Combination smoke detector/carbon monoxide alarms.
(A) A carbon monoxide alarm may be combined with a smoke detector if the device complies with this Section, Section 22-96, and applicable State law.
(B) A combination smoke detector/carbon monoxide alarm must receive its primary power from the building wiring when that wiring is served from a commercial source, and when primary power is interrupted, must receive power from a battery.
(C) A combination smoke detector/carbon monoxide alarm must have permanent wiring. The only disconnecting switch allowed is that which is required for over-current protection. Smoke alarm features of a combination smoke detector/carbon monoxide alarm must be interconnected.
(d) Exceptions. A dwelling unit that does not itself contain a fuel-burning appliance or have an attached garage, but is located in a building with a fuel-burning appliance or an attached garage, does not need to be equipped with a carbon monoxide alarm if:
(1) the sleeping unit or dwelling unit is located more than one story above or below any story which contains a fuel-burning appliance or attached garage;
(2) the sleeping unit or dwelling unit is not connected by ductwork or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage; and
(3) the building is equipped with a common area carbon monoxide alarm system, which includes carbon monoxide detectors and audible notification appliances, installed and maintained in a manner that satisfies this Section and NFPA 720.
(e) Orders to install; penalty.
(1) If an enforcing agency finds that a dwelling unit does not have a carbon monoxide detector as required under this Section, the enforcing agency must order the owner to install a carbon monoxide alarm or detector under Section 26-12.
(2) Notwithstanding Section 26-16, a violation of this Section is a Class C violation.
(2018 L.M.C., ch. 23, § 1.)
Unless otherwise stated, the owner of each dwelling or dwelling unit must assure compliance with the following standards at all times. All installation, repair, and replacement must be performed in a workmanlike manner and with materials having properties and qualities substantially equal to or better than the original materials.
(a) Basic requirements.
(1) Each structure must be maintained in good repair.
(2) Each window, door, and hatchway must be maintained in sound working condition.
(3) In any renovation, addition or new construction of a dwelling or other structure on the premises, the owner must complete each exterior surface, including windows, wall siding, and roof within one year after the building permit was first issued, or within one year after construction started if no building permit was required. This subsection does not apply to any dwelling containing more than 4 dwelling units.
(4) Each supplied facility, piece of equipment, or utility which is required under this Chapter must be constructed or installed so that it will function safely and effectively, and must be maintained in satisfactory working condition.
(5) Each owner of a multiple dwelling or personal living quarters building must maintain:
(A) the shared or common area of the land and buildings in clean and sanitary condition; and
(B) all equipment and facilities in laundry rooms and other shares spaces in clean condition and good working order.
(6) Each occupant of a dwelling, dwelling unit, or individual living unit must maintain in safe and sanitary condition that part of the dwelling, dwelling unit, individual living unit, and premises which the occupant occupies and control.
(7) An owner or occupant must not cause any service, facility, equipment, or utility which is required by this Chapter to be removed or discontinued for any occupied dwelling, except for a temporary interruption that is necessary while repairs or alterations are actually taking place, or during a temporary emergency when discontinuance of service is approved by an enforcing agency. If a rental dwelling unit or individual living unit is not equipped with a separate meter for a utility, the owner must make sufficient utility payments to prevent the utility service from being discontinued.
(8) All rubbish and garbage must be stored and maintained in approved containers as required by Chapter 48. Rubbish and garbage must not remain outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours.
(A) The owner must provide a sufficient number of containers for storage of rubbish and garbage to prevent overflow and must maintain the containers as required by Chapter 48.
(B) Each occupant of a dwelling, dwelling unit, or individual living unit must dispose of all rubbish and garbage in a clean and sanitary manner by placing it in appropriate containers as required by Chapter 48.
(9) Each occupant of a dwelling containing a single dwelling unit must exterminate any insects, rodents, or other vermin in or on the premises. Each occupant of a dwelling unit or individual living unit in a dwelling containing more than one unit must exterminate if that unit is the only infested unit. The owner must exterminate if the infestation:
(A) includes more than one unit or the shared or common areas of a dwelling, or
(B) was caused by the owner’s failure to maintain the dwelling in a rat-proof or reasonably insect-proof condition.
(10) The exterior surfaces of each structure and the interior surfaces of all common areas in each multi-family dwelling must be maintained free of graffiti, as defined in Section 32-12A.
(11) All water must be drained and conveyed from every roof and paved surface so it does not cause dampness in any wall, ceiling or floor.
(12) Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent the nuisance from reoccurring.
(13) A person must not store any unused vehicle on residential property for more than 30 days unless a person living in the household has received an extension under Section 26-17A.
(b) Exterior.
(1) Each foundation, floor, wall, ceiling, and roof must be reasonably weather-tight, water-tight, rodent-proof, free from foreign matter, and capable of affording privacy.
(2) Each window, exterior door, and hatchway must be reasonably weather-tight, water-tight, and rodent-proof. Each occupant must hang all window screens unless the owner has agreed to do so.
(3) All exterior surfaces must be adequately protected from water seepage and against decay. All exterior surfaces must be free of flaking, peeling, or loose paint.
(4) The owner must maintain the paved or gravel surface of each entry apron, driveway, sidewalk and walkway, parking lot, and patio in good, serviceable, and safe condition.
(5) Each lawn and other land not covered by a structure must be reasonably free of erosion or gullying. Any grass or weeds must not be allowed to grow more than 12 inches high where required by Chapter 58. Shrubbery, trees, vines, hedges, and other vegetation, including dead trees and branches, must be maintained so they do not pose a danger to health or safety.
(A) The owner of a multiple dwelling or personal living quarters, the owner of a vacant building, each occupant of a single-family dwelling, and any occupant of a dwelling unit in a multifamily dwelling who controls a lawn or yard area, must keep grass and weeds below any required height limit.
(B) The owner must keep the premises free of erosion or gullying and replace damaged ground cover.
(C) The owner must maintain shrubbery, trees, vines, hedges, and other vegetation.
(6) Each owner must direct any exterior lighting away from the windows of any adjacent dwelling unit or individual living unit.
(c) Interior.
(1) Each plumbing fixture and water and waste pipe must be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. Each occupant of a dwelling unit or individual living unit must maintain all plumbing fixtures in the unit in a clean and sanitary condition and must exercise reasonable care in their use and operation.
(2) Each water closet compartment floor surface and bathroom floor surface must be constructed and maintained reasonably impervious to water and to permit the floor to be easily maintained in a clean and sanitary condition.
(3) All walls, ceilings, floors, interior woodwork, doors and windows must be maintained in sound condition and good repair, and free of flaking, peeling, or loose paint. Only lead-free paint may be used.
(4) The owner of a rental dwelling unit or individual living unit must repaint the painted interior surfaces of the unit:
(A) (i) if after the third year of tenancy, the paint is stained, or is not intact and cleanable; and
(ii) this condition is not due to tenant abuse; and
(B) at least every 5 years.
Any painting required under this subsection may be postponed for 5 years or until a change in occupancy, whichever occurs first, if an occupant certifies that all occupants do not want the unit to be painted at the scheduled time.
(5) All floor coverings must be in good repair and sanitary condition. (2002 L.M.C., ch. 15, § 1; 2009 L.M.C., ch. 25, § 1.)
Editor’s note—Former § 26-9, “Minimum space, use and location requirements,” was repealed, reenacted with amendments, renumbered § 26-5, and retitled pursuant to 2002 L.M.C., ch. 15, § 1.
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