§ 3.700. Howard County Property Maintenance Code for Rental Housing.

(a)

Adoption of National Code. Except as provided in subsection (b) of this section, the International Property Maintenance Code, 2006, as published by the International Code Council is hereby adopted as the Howard County Property Maintenance Code for rental housing.

(b)

Local Amendments. The following amendments modify certain provisions of the adopted Code.

(1)

In General.

(i)

As used in this subtitle, the term "this Code" shall mean the Howard County Property Maintenance Code for Rental Housing.

(ii)

As used in this section, the term "Code Official" shall mean the Director of the Department of Inspections, Licenses and Permits or the Director's authorized designee.

(iii)

Where the name of the jurisdiction is to be indicated in any section of this Code, insert "Howard County, Maryland."

(2)

Subsection 101.1 Title. Delete this subsection and substitute the following:

101.1 Title. These regulations shall be known as the Howard County Property Maintenance Code for rental housing, hereinafter referred to as "this Code".

(3)

Subsection 101.2 Scope. Delete this subsection and substitute the following:

101.2 Scope.

(i)

The scope of this Code is limited to existing structures in the following occupancies as defined in the Howard County Building Code:

a.

Institutional, use group I-1; and

b.

Residential:

1.

Use groups R-1, R-2, R-4; and

2.

Use groups R-3 that are not owner-occupied, occupied by the owner's immediate family, or owner-occupied with two or more roomers or boarders.

(ii)

This Code shall not apply to the following existing occupancies as defined in the Howard County Building Code:

a.

Assembly, all use groups;

b.

Business, use group B;

c.

Educational, use group E;

d.

Factory and industrial use groups F-1 and F-2;

e.

High hazard, all use groups;

f.

Institutional, use groups I-2, I-3, and I-4;

g.

Mercantile, use group M; and

h.

Residential, use group R-3, if the dwelling is:

1.

Owner occupied;

2.

Occupied by members of the owner's immediate family; or

3.

Owner occupied having no more than one roomer or boarder.

(iii)

This code shall constitute the minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, safe and sanitary maintenance; responsibilities of an owner, operator, or occupant; the occupancy of existing structures and premises; and administration, enforcement, and penalties.

(4)

Subsection 101.5 Licensing. Add new subsection 101.5 After subsection 101.4 as follows:

101.5 Licensing. A structure within the scope of this Code shall not be occupied unless the property owner obtains the license required by title 14, subtitle 9 of the Howard County Code.

(5)

Subsection 102.6 Historic Buildings. Delete this subsection.

(6)

Subsection 102.7 Referenced Codes and Standards.

(i)

Delete "Chapter 8" and substitute "the Howard County Building Code as adopted in title 3, subtitle 1 of the Howard County Code, as applicable."

(ii)

At the end of this subsection, insert the following:

102.7.1 Building. Whenever the term "International Building Code" is used in this Code, it shall mean the Howard County Building Code adopted pursuant to title 3, subtitle 1 of the Howard County Code.

102.7.2 Electrical. Whenever the term "ICC Electrical Code" is used in this Code, it shall mean the Howard County Electrical Code adopted pursuant to title 3, subtitle 2 of the Howard County Code.

102.7.3 Fire Prevention. Whenever the term "International Fire Code" is used in this Code, it shall mean the Howard County Fire Prevention Code adopted pursuant to title 17, subtitle 1 of the Howard County Code.

102.7.4 Plumbing and Gasfitting. Whenever the terms "International Plumbing Code" or "International Fuel Gas Code" are used in this Code, they shall mean the Howard County Plumbing and Gasfitting Code Adopted pursuant to title 3, subtitle 3 of the Howard County Code.

102.7.5 Mechanical. Whenever the term "International Mechanical Code" is used in this Code, it shall mean the Mechanical Code of Howard County adopted pursuant to title 3, subtitle 1 of the Howard County Code.

102.7.6 Zoning. Whenever the term "International Zoning Code" is used in this Code, it shall mean the Howard County zoning regulations as adopted pursuant to title 16 of the Howard County Code.

(7)

Section 103 Department of Property Maintenance Inspection.

Delete the name of this section, "Department of Property Maintenance Inspection", and substitute "Department of Inspections, Licenses and Permits".

(8)

Subsection 103.1 General. Delete this subsection and substitute the following:

103.1 General. The Code Official is the Director of the Department of Inspections, Licenses and permits or the Director's authorized designee.

(9)

Subsection 103.4 Liability.

(i)

In the first sentence, delete "an act" and substitute "any lawful act;"

(ii)

In the second sentence, delete "until the final termination of the proceedings" and substitute "in accordance with the provisions of Maryland law"; and

(iii)

In the third sentence, delete "Department of Property Maintenance Inspection" and substitute "Department of Inspections, Licenses and Permits".

(10)

Subsection 103.5 Fees. Delete this subsection.

(11)

Subsection 104.4 Right of Entry. Delete this subsection and substitute the following:

104.4 Right of entry. The Code Official is authorized to enter a dwelling unit, property, or premises at reasonable times solely for the purpose of inspecting for compliance with this Code. If entry is refused, the Code Official may seek a court order to permit entry and free access to the dwelling unit, property, or premises.

(12)

Subsection 104.7 Department Records. Delete "in existence" and substitute "subject to the licensing provisions of title 14, subtitle 9 of the Howard County Code".

(13)

Subsection 104.8 Occupant or Tenant to Give Access. Add new subsection 104.8 after subsection 104.7 as follows:

104.8 Occupant or tenant to give access. An occupant or tenant of a dwelling unit, property, or premises shall give access to any part of the dwelling unit, property, or premises at reasonable times for the purpose of making inspections, maintenance, repairs, or alterations as are necessary to comply with this Code.

(14)

Subsection 106.1 Unlawful Acts. Delete this subsection and substitute the following:

106.1 Unlawful acts. An owner, occupant, or tenant shall not erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, permit another person to occupy any premises, property, dwelling unit, or equipment regulated by this Code, or cause the same to be done in violation of any of the provisions of this Code; fail to obey a lawful order of the Code Official; or remove or deface a placard or notice posted under a provision of this Code.

(15)

Subsection 106.3 Prosecution for Violation. Delete this subsection, rename, and substitute the following:

106.3 Enforcement and penalties. A person who violates a provision of this Code is guilty of a misdemeanor and, upon conviction, is subject to a fine, not exceeding $1,000.00, or imprisonment, not exceeding 30 days, or both. Alternatively, and in addition to and concurrent with all other remedies at law or at equity, the Department of Inspections, Licenses and Permits may enforce this Code with civil penalties as provided in title 24 "civil penalties" of the Howard County Code. A violation of this subtitle is a Class B offense. Each day that a violation continues is a separate offense.

(16)

Subsection 106.4 Violation Penalties. Delete this subsection, rename, and substitute the following:

106.4 Revocation. The Director of Inspections, Licenses and Permits may suspend, revoke, or refuse to renew a rental housing license if the Code Official finds that an owner of a property has violated a provision of this Code, this title, or regulations that implement this title in connection with the construction, maintenance, alteration, or repair of a premises, property, dwelling unit, equipment, or land within Howard County.

(17)

Subsection 106.5 Abatement of Violation. Delete this subsection.

(18)

Subsection 107.1 Notice to Person Responsible.

(i)

In the title, delete "to person responsible"; and

(ii)

In the first sentence, delete "person responsible" and substitute "owner, tenant, occupant, or person responsible."

(19)

Subsection 107.2 Form. Delete items 5 and 6.

(20)

Subsection 107.4 Penalties. Delete "106.4" and substitute "106.3".

(21)

Subsection 108.2 Closing of Vacant Structures.

(i)

In the second sentence, after "private persons" delete the remainder of this section;

(II)

After "persons" insert a period; and

(iii)

After "persons." Insert "the owner is responsible for reimbursing the County for the cost of necessary repairs. The Director of Finance shall bill the owner for the cost of the work. The owner shall pay the bill for the work within 30 days of billing. If the owner does not pay the bill within 30 days, the Code Official may seek a court order requiring the owner to reimburse the County for the cost of repairs."

(22)

Subsection 108.4 Placarding. Delete "bearing" through the end of the sentence and substitute the following:

Bearing the phrase "Unlicensed Premises, Unlawful to Occupy Any Currently Vacant Dwelling Unit in These Premises or Any Dwelling Unit Becoming Vacant Until a Rental Housing License has been Obtained."

(23)

Subsection 109.4 Emergency Repairs. Add the following to the end of this subsection:

The owner is responsible for reimbursing the County for the cost of necessary repairs. The Director of Finance shall bill the owner for the cost of the work. The owner shall pay the bill for the work within 30 days of billing. If the owner does not pay the bill within 30 days, the Code Official may seek a court order requiring the owner to reimburse the County for the cost of repairs.

(24)

Subsection 109.5 Costs of Emergency Repairs. Delete this subsection.

(25)

Subsection 109.6 Hearing. Delete the second sentence and substitute the following:

A person may appeal an order to take emergency measures to a Hearing Examiner of the Howard County Board of Appeals in accordance with the rules of procedure set forth in title 16, subtitle 3 of the Howard County Code.

(26)

Subsection 110.3 Failure to Comply.

(i)

At the end of this subsection, after "private persons" delete the remainder of this section;

(ii)

After "persons" insert a period; and

(iii)

After "persons" insert the following: the owner is responsible for reimbursing the County for the cost of necessary repairs. The Director of Finance shall bill the owner for the cost of the work. The owner shall pay the bill for the work within 30 days of billing. If the owner does not pay the bill within 30 days, the Code Official may seek a court order requiring the owner to reimburse the County for the cost of repairs.

(27)

Section 111 Means of appeal. Delete this section in its entirety.

(28)

Section 202 General Definitions.

(i)

Delete the definition for "dwelling unit" and substitute the following:

Dwelling unit means a building, structure, or any portion of a building or structure that contains a single unit providing independent living facilities for one or more persons, including permanent provisions for living, eating, cooking, or sleeping. A dwelling unit shall include, without limitation, a multi-family house, single-family house, apartment, apartment house, boarding house, rooming house, dormitory, rooming unit, efficiency unit, hotel, motel, premises, or the common area of a multi-family dwelling owned by a single owner.

(ii)

Delete the definition for "owner" and substitute the following:

Owner means a person, agent, operator, firm, or corporation having a legal or equitable interest in the dwelling unit; holding recorded title in the official records of the State, County, or municipality; or jointly or severally having control of the property, including, without limitation, an executor, Administrator, trustee, receiver, guardian, or other representative appointed according to law, and the senior officer, Director, or trustee of the association of unit owners of a condominium.

(29)

Subsection 304.14 Insect Screens. Delete "during the period from [date] to [date]."

(30)

Subsection 305.3.1 Lead-Based Paint. Add new subsection 305.3.1 After subsection 305.3 As follows:

305.3.1. Lead-based paint. The owner of a dwelling unit shall comply with requirements of the Maryland Department of the Environment for lead-based paint and shall provide the required disclosures in accordance with State law.

(31)

Subsection 307.2.1 Rubbish Storage Facilities. Add the following at the end of this subsection:

Exception: The occupant of a one-family dwelling shall be responsible for the safe and sanitary storage and removal of all rubbish.

(32)

Subsection 307.3.1 Garbage Facilities. Add the following at the end of this subsection:

Exception: The occupant of a one-family dwelling shall be responsible for the safe and sanitary storage and removal of all garbage.

(33)

Subsection 308.1 Infestation.

(i)

In the first sentence delete "insect" and substitute "insect, vermin."

(ii)

In the second sentence:

a.

Delete "insects" and substitute "insects, vermin,"; and

b.

Delete "approved processes" and substitute "a process approved by the Department of Inspections, Licenses and Permits."

(34)

Subsection 308.2 Owner. Delete "prior to renting or leasing the structure."

(35)

Subsection 308.3 Single Occupant. Delete this subsection.

(36)

Subsection 308.4 Multiple Occupancy. Delete this subsection.

(37)

Subsection 308.5 Occupant. Delete this subsection.

(38)

Subsection 404.2. Minimum Room Widths. Delete "counterfronts" each time it appears and substitute "counter fronts."

(39)

Subsection 404.4 Bedroom and Living Room Requirements. Delete this subsection, rename, and substitute as follows:

404.4 Bedroom requirements. Every bedroom shall comply with the requirements sections 404.4.1. through 404.4.5.

(40)

Subsection 404.4.1 Room Area. Delete this subsection, rename, and substitute the following:

404.4.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 M ) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 M ) of floor area for each occupant thereof.

(41)

Subsection 404.4.4. Prohibited Occupancy. Delete "nonhabitable" and substitute "uninhabitable."

(42)

Subsection 404.5 Overcrowding. Delete this subsection and substitute the following:

404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.

_____

TABLE 404.5 MINIMUM AREA REQUIREMENTS

Space	Minimum Area in Square Feet
	1—2 Occupants	3—5 Occupants	6 or More Occupants
Living Room (a, b)	No Requirements	120	150
Dining Room (a, b)	No Requirements	80	100
Bedrooms	Shall Comply with Section 404.4

 

For SI: 1 Square foot = 0.093 M .

a.

See section 404.5.2 for combined living room/dining room spaces.

b.

See section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.

_____

(43)

Subsection 404.5.1 Sleeping Area. Add new subsection 404.5.1 after subsection 404.5 as follows:

404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with section 404.4.

(44)

Subsection 404.5.2 Combined Spaces. Add new subsection 404.5.2 after subsection 404.5.1 as follows:

404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 If the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

(45)

Subsection 404.8 Location of Food Preparation Equipment. Add new subsection 404.8 after subsection 404.7 as follows:

404.8 Location of Food Preparation Equipment. A person shall not use portable cooking equipment, including, but not limited to, a barbeque, charcoal, or propane grill or stove within 15 feet of a multi-family dwelling.

(46)

Subsection 506.3 Sewage Backup. Add new subsection 506.3 after subsection 506.2 as follows:

506.3 Sewage backup. In the event of a sewage backup, the owner shall be required to immediately restore the premises to a clean and sanitary condition by a process approved by the Department of Inspections, Licenses and Permits.

(47)

Subsection 602.2 Residential Occupancies. In the first sentence, delete "indicated in Appendix D of the International Plumbing Code. "

(48)

Subsection 602.3 Heat Supply.

(i)

In the first sentence, delete "[date] to [date]" and substitute "October 1 to May 1"; and

(ii)

In the first exception, delete the second sentence.

(49)

Subsection 602.4 Occupiable Work Spaces. Delete "[date] to [date]" and substitute "October 1 to May 1."

(50)

Subsection 603.2 Removal of Combustion Products. Add the following as the second exception to this subsection:

Exception Number 2: Portable unvented kerosene heaters are not permitted.

(51)

Subsection 701.3 Testing and Maintenance. Add new subsection 701.3 after subsection 701.2 as follows:

701.3 Testing and maintenance. Sprinkler systems shall be certified as fully operational at least annually by a Maryland State licensed sprinkler contractor. Fire alarm systems shall be certified at least annually by an approved company or individual.

Exceptions:

(i)

Limited area sprinkler systems (connected to domestic supply with six heads or less);

(ii)

One hundred ten volt fire alarm systems that do not have an annunciator panel; and

(iii)

Condominium rental units.

(52)

Subsection 702.1.1 Emergency Planning. Add new subsection 702.1.1 after subsection 702.1 as follows:

702.1.1 Emergency Planning. The administration of every residential care/assisted living facility shall have a plan in effect to protect a person in the event of a fire. The plan shall be in writing and shall be available to all supervisory personnel. The plan shall be amended to ensure the safety of all residents and shall be amended or revised as the residents or their needs change. Staff shall be instructed of their duties and responsibilities under the plan and a record of such instructions shall be maintained. A copy of the plan shall be readily available at all times within the facility.

(53)

Subsection 702.5 Arrangement. Add new subsection 702.5 after subsection 702.4 as follows:

702.5 Arrangement. Required path or travel from any room shall not be through another room that is not under the immediate control of the occupant of the first room or through a bathroom or other space subject to locking.

(54)

Subsection 704.2.1. Tampering. Add new subsection 704.2.1 after subsection 704.2 as follows:

704.2.1. Tampering. Any tenant or occupant tampering or interfering with the effectiveness of a smoke detector is in violation of this Code.

(55)

Subsection 704.5 Sprinklers. Add new subsection 704.5 after subsection 704.4 as follows:

704.5 Sprinklers. Sprinklers shall be clean and free from corrosion, paint, and damage. Kitchen supplies or storage stock shall be at least 18 inches below sprinkler deflectors.

(56)

Section 705 Storage of Hazardous Material. Add new section 705 after section 704 as follows:

705 Storage of hazardous materials.

705.1 Hazardous materials. Unless storage complies with the applicable requirements of the Howard County Building Code and the Howard County Fire Prevention Code, a person shall not store or accumulate:

(i)

Combustible, flammable, explosive, or other hazardous materials, such as paints, volatile oils, or cleaning fluids; or

(ii)

Combustible rubbish, such as wastepaper, boxes and rags.

705.2 Storage of vehicles that contain hazardous materials. In a common area of a multi-family dwelling owned by one person, patio, balcony, hallway, or stairwell of a structure or premises, a person shall not store or accumulate a motorcycle, moped, gasoline-powered lawnmower, or other similar equipment that may contain a hazardous material including, without limitation, gasoline.

(C.B. 63, 2004; C.B. 80, 2006, §§ 1, 2)