ARTICLE II. LIVABILITY CODE FOR RESIDENTIAL RENTAL DWELLLINGS

Section 12.05-11 Generally.

(a) Title. These regulations shall be known as the minimum livability code or “this code.”

(b) Scope. This code is created to protect the public health, safety, and welfare in residential structures and premises by:(Ord. No. G-8821, Section 12.05. § .01, 12-8-88)

(1) Establishing minimum property maintenance standards for basic equipment and facilities used for light, ventilation, heating and sanitation for residential structures and premises, and for safe and sanitary maintenance of residential structures and premise

(2) Establishing minimum requirements for residential structures and premises for means of egress, fire protection systems and other equipment and devices necessary for safety from fire;

(3) Fixing the responsibilities of property owners, operators and tenants of residential structures and premises; and

(4) Providing for administration, enforcement and penalties.

(c) Intent This code shall be construed liberally and justly to protect public health, safety and welfare insofar as they are affected by the continued use and maintenance of residential structures and premises. (Ord. No. G-8821, Section 12.05. § .01,
12-8-88)

Section 12.05Rules of interpretation and definitions.

(a) Rules of interpretation.

(1) Unless otherwise expressly stated, the terms defined in subsection (b) of this regulation shall have the meanings indicated for the purposes of this code.

(2) Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural the singular.

(3) When the terms are not defined, through the methods authorized by this section, they shall have their ordinarily accepted meanings such as the context may imply.

(b) Terms defined.

(1) Act means Article 41.11-403, Annotated Code of Maryland.

(2) Basement means that portion of a structure which is partly or completely below grade.

(3) Central heating means the heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable areas from a source outside of these areas.

(4) Code means the minimum livability code regulations }contained in this article}.

(5) Code official means the City of Frederick Building Inspector, or his designee.

(6) Condemn means to declare a structure or part of it, premises, or equipment, unsafe or unfit for use or occupancy.

(7) Director means the director of the department of housing and community development of the City of Frederick.

(8) Extermination means the control and elimination of insects, rodents, or other pest by:

(9) Eliminating their harborage places;

(10) Removing or making inaccessible materials that may serve as their food;

(11) Poison spraying, fumigating, trapping, or by any other pest elimination methods which have received all necessary and legally required approvals.

(12) Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(13) Habitable area means the space in a structure used for living, sleeping, eating, or cooking including bathrooms and toilet compartments. Closets, halls, storage or utility and toilet compartments. Closets, halls, storage or utility space, and similar areas are not considered habitable areas.

(14) Housing unit means a single unit of a structure providing or intending to provide complete living and sleeping facilities for one or more persons.

(15) Infestation means the presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.

(16) Maintenance means the repair and other acts intended to prevent a decline in the condition of a structure, premises, or equipment below the standards established by this code and other applicable statues, codes and ordinances.

(17) Occupant means an individual having possession of a space within a housing unit.

(18) Operator means a person who has charge, care, or control of a structure or premises which is offered for occupancy.

(19) Person includes an individual, partnership, limited partnership, trust, estate, association or corporation.

(20) Plumbing means the practice, materials, facilities, and fixtures used in the installation, maintenance, extension or alteration of all piping, fixtures, appliances and appurtenances within the scope of the City of Frederick Plumbing Code.

(21) Plumbing fixture means a receptacle or device which;

(22) Is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water from it;

(23) Discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage systems of the premises; or

(24) Requires both a water supply connection and a discharge to the drainage system of the premises.

(25) Premises means a lot, plot or parcel of land including the structures on it.

(26) Property owner means a person having a legal or equitable interest in the premises, including the guardian of the estate of the person, or the executor or administrator of the estate of the person if ordered to take p9ossession of the premises by a court.

(27) Rubbish means paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials as well as the residue from the burning of wood, coal, coke and other combustible materials.

(28) Structure means a residential structure used for human habitation.

(29) Tenant means an occupant other than a property owner.

(30) Ventilation.

a. Ventilation means the process of supplying and removing air by a natural or mechanical means to or from a space.

b. Mechanical ventilation means ventilation by power driven devices.

c. Natural ventilation means ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks without power-driven devices. (Ord. No. G-88-21, § 02, 12-8-88)

Section 12.05-13. Application.

(a) The minimum livability code shall apply to residential structures used for human habitation except:

(1) Owner-occupied single-family housing units;

(2) Housing exempted jointly by the code official and the director.

(b) Repairs or alterations to a structure, or changes of use to it, which may be caused directly or indirectly by the enforcement of this code shall be done in accordance with the procedures and provisions of any City of Frederick building code, plumbing code, mechanical code and electrical code or any other code or standard applicable to housing. Permits to perform any repairs and alterations shall b e required as deemed necessary by the code official in accordance with the applicable codes.

(c) The provisions in this code do not abolish or impair any remedies available to the City of Frederick or its officers or agencies relating to the removal or demolition of any structures which are deemed to be dangerous, unsafe and unsanitary.

(d) Repairs, maintenance alterations or installations which are required for compliance with this code shall be executed and installed in conformance with industry standards so as to secure the results intended by this code. (Ord. No. G-8821, Section 12.05. § .03, 12-8-88)

Cross references—Cleanliness of dwelling generally, § 12-32; dangerous, etc., buildings, § 12-35.

Section 12.05-14 Code enforcement.

(a) (Generally.) It shall be the duty and responsibility of the code official to enforce the provisions of this code within the city limits.

(b) Waivers.

(1) The code official and the director may waive applicability of this code, in whole or part, to a unit of rental housing on application of the property owner if:

a. Adequate notice in a form and manner specified by the city is afforded a tenant of the unit;

b. The tenant is afforded an opportunity to comment on the application either in writing or in person;

c. The waiver would not threaten the health or safety of a tenant;

d. If strict compliance with the provisions of this code shall cause an undue hardship due to conflicting regulations of federal, state, or local agencies;

e. The exterior of buildings located in the Historic District shall be exempt from the provisions of this code which conflict with the requirements of the historic district commission.

(2) The code official and the director may waive applicability of this code if the waiver is granted on the basis of the religious practices of the occupant of the unit of rental housing.

(3) The code official and the director may waive applicability of this code if the application would be inequitable or contrary to the purposes of the Act.

(c) Displacement. A person may not be displaced by the enforcement of the minimum livability code unless alternate housing of comparable affordability is available with a reasonable distance of the vacated premises.

(d) (Conflict with state law.) Enforcement and waiver application are not intended to supersede any state laws pursuant to the Annotated Code of Maryland as follows:

(1) State fire laws, Article 38A;

(2) State elevator laws, Article 89; and

(3) State boiler laws, Article 48. (Ord. No. G-88-21, § .04, 12-8-88)

Section 12.05-15. Duties and powers of code official.

(a) General. The code official shall enforce the provisions of this code except as may be otherwise specifically provided by these regulations.

(b) Notices and orders. The code official shall issue all notices, waivers and orders necessary to insure compliance with this code.

(c) Inspections. The code official is authorized to enter a structure or premises at any reasonable time upon providing reasonable notice to the property owner and tenant, for the purpose of making inspections and performing duties under this code.

(d) Alterations and repairs.

(1) The code official has the authority to require and approve any alterations or repairs necessary to bring a structure of premises into compliance with this code. The determination of what may be necessary to bring the premises into compliance shall take into consideration the use of alternatives and equivalent approaches as provided for in this code.

(2) The code official shall have the authority to approve changes in alterations or repairs in the field when conditions are encountered which make the originally approved work impractical if the changes in approved work can be readily determined to be in compliance with this code and are requested by the property owner or his agent before the changes.

(3) The changes shall be specifically documented by the property owner or by his agent, describing the change in work and the reasons and justification for the change, and shall be filed with the permit of r the project.

(e) Right of entry. If a property owner, tenant or operator of a structure refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises where inspection authorized by this code is sought, the City of Frederick may seek, in a court of competent jurisdiction, and order that the property owner, tenant or operator cease and desist from the interference.

(f) Access by property owner or operator. A tenant of a structure or premises shall give the property owner or operator, or agent or employee, access to any part of the structure or its premises at reasonable times upon being given reasonable notice for the purpose of making the inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.

(g) Credentia. The code official shall disclose his credentials for the purpose of inspecting a structure or premises.

(h) Coordination of enforcement.

(1) The inspection of structures and premises, the issuance of notices and orders, and enforcement of them, shall be the responsibility of the code official.

(2) Whenever a code official initiating an inspection of a premises under this code becomes aware that an inspection of the same premises is to be made by any other governmental official or agency, the code official shall make a reasonable effort to arrange for the coordination of the inspections so as to minimize the number of visits by inspectors.

(3) The code official may shall confer with the other governmental official or agency for the purpose of eliminating conflicting orders before any are issued.

(4) The code official may not, however, cause the delay of the issuance of any emergency orders by any governmental official or agency which the governmental official or agency determines must be issued.

(5) The code official may accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability.

(i) Rule making authority. The City of Frederick shall have the power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to further its intent. (Ord. No. G-88-21, § .05, 12-8-88)

Section 12.05-16. Condemnation.

(a) General.

(1) When a structure or part of its is found by the code official to be unsafe or unfit for human occupancy or use, the code official may condemn the structure or part of it and may order the structure or part of it to be placarded an vacated pursuant to the provisions of this code.

(2) The structure or part of it may not be reoccupied without approval of the code official. Unsafe equipment may be condemned, placarded and placed out of service pursuant to the provisions of this code.

(b) Unsafe structure. An unsafe structure is one which all or part of it is found by the code official to be dangerous to life, health, property, or the safety of its tenants by not providing minimum protection from fire or because it is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it is likely to partially or completely collapse.

(c) Unsafe equipment.

(1) Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found by the code official to be hazard to life, health, property, or safety of the tenants of the premises or structure.

(2) Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.

(d) Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the code official finds that it is unsanitary, vermin or rodent infested, contains filth or contamination, or leaks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code.

(e) Closing of vacant structures. Upon failure of a property owner to close or vacate a premises within the time specified in an order, the code official may cause the premises to be closed through any available public agency or by contract charged against the real estate upon which the structure is located and shall be a lien upon the real estate. (Ord. No. G-88-21, § .06, 12-8-88)

Cross references—Cleanliness of dwellings generally, §12-32; dangerous, etc., buildings, § 12-35; dwellings unfit for human habitation, § 12-36

Section 12.05-17. Notices and orders.

(a) General.

(1) Whenever the code official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever the code official has determined to condemn any structure, or part of it, or equipment, under provisions of section 12.5-16, notice shall be given to the property owner and to the tenant in the manner prescribed in this code.

(2) If the code official has condemned the structure or part of it, or equipment, the code official shall serve prior notice to the property owner and to the tenants of the intent to:

a. Order the structure or part of it placarded or vacated; or

b. Order the equipment placed out of service.

(b) Service of notice.

(1) Notice shall be deemed to be properly served upon a property owner or tenant by one of the following methods:

a. By delivering to the person to be served or his agent a copy of the notice and all other necessary papers; or

b. By mailing to the person to be served at his last known address or to his agent by certified or registered mail with return receipt requested a copy of the notice and all other necessary papers.

(2) If the certified or registered letter is returned with receipt showing that it has not been delivered, notice shall be served by posting a copy of it in a conspicuous place in or about the structure affected by the notice.

(c) Notice to vacate. When a condemnation order is served on a tenant, the tenant shall be given a reasonable time to vacate the structure in accordance with state or city law.

(d) Transfer of ownership. A property owner who has received a compliance order or upon whom notice of violation has been served may not sell, transfer, mortgage, lease, or otherwise dispose of the premises until:

(1) The provisions of the compliance order or notice of violation have been complied with; or

(2) The property owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of the compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, in which he acknowledges the receipt of the compliance order or notice of violation and states that he fully accepts and assumes the responsibility without condition for making the corrections or repairs required by the compliance order or notice of violation.

(e) Removal of placard. A property owner may not deface or remove a condemnation placard without the approval of the code official. (Ord. No. G-8821, Section 12.05. § .07, 12-8-88)

Section 12.05-18. Violations.

(a) Any person who violates any provision of this code shall be guilty of a municipal infraction and subject to a fine of not more than fifty dollars (%50.00) per day for each violation.

(b) Other penalties. A penalty ordered under this code is n addition to and is not a substitute for any other penalty authorized under federal, state or city law. (Ord. No. G-88-21, § .08, 12-8-88)

Section 12.05-19. Right to appeal.

Petition. A person aggrieved by a decision of the code official which has been made in connection with the enforcement or interpretation of any provision of this code, or a regulation adopted pursuant to this code, may appeal the decision, in writing, within thirty (30) days to the director. The director shall confer with the city engineer and the code official to establish the rules and regulations for the appeals process. (Ord. No. G-88-21, § .09, 12-8-88)

Section 12.05-20. Environmental requirements.

(a) Scope. The provisions of this regulation shall establish the minimum standards for maintenance of premises and structures.

(b) Premises condition.

(1) Sanitation. The premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage.

(2) Insect and rodent control. The premises shall be free from infestation of insects, rodents, vermin or other pests.

(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.

(4) Foundation walls. Foundation walls shall be structurally sound and shall be maintained free from open cracks and breaks.

(5) Exterior walls. -21. Light and ventilation requirements.

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 rain water from causing dampness or deterioration in the walls or interior portion of structure.

(7) Decorative features. All cornices, entablatures, belt courses, corbels, terre 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, smoke stacks, 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 and 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.

(13) Openable windows. Each window, used for ventilation pursuant to section 12.5-21(c) or emergency escape pursuant to section 12.5-24 (b)(6) shall be capable of being easily opened from the inside and shall be held in position by window hardware.

(14) Insect screens.

c. 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.

d. 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 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. 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.

(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.

(6) The interior of a structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.

(7) Rubbish or garbage shall be properly kept inside temporary storage facilities.

(8) Garbage or rubbish may not be allowed to accumulate or be stored in public halls or stairways.

(9) Insect and rodent harborage.

(10) A structure shall be kept from infestation, and where infestation is found, the area shall be promptly exterminated by processes which are not injurious to human health.

(11) Continuing or repeated incidents of infestation, as determined by the code official , shall be maintained in sound condition and good repair.

(12) Exit doors. Each door available as an exit shall be capable of being opened easily from the inside.

(13) Exit facilities.

(14) All interior stairs and railings and other exit facilities of a structure shall be maintained in sound condition and good repair.

(15) Each interior stair used for exit shall be maintained so as to be safe to use and capable of supporting the anticipated loads. (Ord. No. G-88-21,
§ .10, 12-8-88)
Cross references—weatherproofing and heating, § 12-18; dampness of floors and walls, § 12-19; windows, § 12-20; lighting and ventilation of toilets and bathrooms, § 12-29; maintenance of dwellings generally, § 12-34.

Section 12.05-21. Light and ventilation requirements.

(a) General.

(1) Scope. The provisions of this regulation shall govern the minimum standards for basic equipment and facilities used for light and ventilation of a structure.

(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 City of Frederick 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 on-and tow-family structures, shall be adequately lighted at all times with an illumination equivalent to the foot candles provided by at least sixty (60) watt standard incandescent light bulb for two hundred (200) square feet of floor area, provided that the spacing between lights may not be greater than thirty (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.

(3) 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.

(4) 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. No. G-88-21, § .11, 12-8-88)

Cross reference—Lighting and ventilation of toilets and bathrooms, § 12-28

Section 12.05-22. Plumbing facilities and fixture requirements.

(a) Scope. The provisions of this regulation shall govern the minimum standards for plumbing facilities and fixtures.

(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.

(2) 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 afford privacy.

(3) 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.

(4) The lavatory shall be supplied with hot and cold running water.

(5) Bathtub or shower. Each housing unit shall contain a room which is equipped with a bathtub or shower supplied with not and cold running water and which affords privacy.

(6) Kitchen sink. Each housing unit shall contain a kitchen sink apart from the lavatory required under subsection (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 local political subdivision.

(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) Connections.

(3) Water supply lines, plumbing fixtures, vents, and drains shall be properly installed, connected and maintained in working order and shall be kept from obstructions, leaks and defects and capable of performing the function for which they are designed.

(4) All repairs and installations shall be made in accordance with the provisions of the applicable City of Frederick Building Code or City of Frederick Plumbing Code.

(5) Maintenance. All plumbing fixtures shall be maintained in a clean and sanitary condition so as not to breed insects and rodents, or produce dangerous or offensive gases or odors.

(6) Access for cleaning. Plumbing fixtures shall be installed to permit easy access for cleaning both the fixture and the 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 be installed and maintained to provide at all ties a supply of water to plumbing facilities, fixtures, devices, and appurtenances tin sufficient volume and at pressures adequate to enable them to function satisfactorily.

(4) Water heating facilities.

(5) 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 supplies with hot water.

(6) 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 one hundred ten (110) degrees Fahreneit.

(7) Alternative water systems, Alternative water systems may be allowed as approved on a case-by-case basis by the City of Frederick.

(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 or private sewage disposal system which has received all necessary and legally required approvals.

(2) Maintenance

(3) Each plumbing stack, waste and sewer line shall be installed and maintained so as to function properly and shall be kept free from obstructions, leaks, and defects to prevent structural deterioration or health hazards.

(4) All repairs and installations shall be made in accordance with the provisions of the City of Frederick Building Code or the City of Frederick Plumbing Code. (Ord. No. G-88-21, § .12, 12-8-88)

Cross references—Running water and sinks, § 12-24; minimum number of water closets, § 12-26; plumbing fixtures, § 12-27; unlawful deposits in plumbing fixtures, § 12-33; plumbing, Ch 16.

Section 12.05-23. Mechanical and electrical requirements.

(a) General. The provisions of this regulation shall govern the minimum standards for mechanical and electrical facilities and equipment.

(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 sixty-five (65) degrees Fahrenheit 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 sixty (60) degrees Fahrenheit during other hours.

b. The temperature shall be measured at a point three (3) feet above the floor and three (3) feet from the exterior walls.

c. Exception. When the exterior temperature falls below zero (0) degrees Fahrenheit and the heating system is operating at its full capacity, a minimum room temperature of sixty

(2) Cooking and heating equipment.