Article I. Property Maintenance Code

§ 11-4. State of Maryland – Minimum Livability Code.

The Code of Maryland Regulations, COMAR 05.02.03.03(2) states that the provisions of the Minimum Livability Code found therein do not apply to housing located in a political subdivision that has adopted a local housing code containing provisions that substantially conform to the provisions of COMAR 05.02.03; and

The Minimum Property Maintenance Code set forth herein substantially conforms to those provisions, and it is therefore intended that the adoption of this code shall have the effect of making COMAR 05.02.03 inapplicable in the Town of Easton, except to the extent that the application of those regulations would be more restrictive than the provisions of this code. (Ordinance 526 effective 3/24/2008)

§ 11-5.2.2 Chapter 1. Scope and Administration.

Add Section 101.1 Additional Scope. (Ordinance 569 effective March 22nd 2010)

101.2.1 Additional Scope. In addition to any fire safety requirements contained in the International Property Maintenance Code, the State fire safety laws, Public Safety Article, Title 9, Annotated Code of Maryland, and the State Fire Prevention Code, COMAR 29.06.01, may contain additional fire safety requirements. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official.

§ 11-5.2.3 Chapter 1. Scope and Administration.

Delete Section 102.3 Application of other codes and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

102.3 Application of other codes. Application of other codes for repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code and the International Existing Buildings Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Town of Easton Building Code and or Zoning Ordinance.

§ 11-5.2.4 Chapter 1. Scope and Administration.

Delete Section 102.6 Historic Buildings and replace with the following: (Ordinance 634 effective , historical reference 526 and 569)

102.6 Historic structures. Except as provided in 102.6.1 below, the provisions of this code shall not be mandatory for existing structures designated as historic when such structures are judged by the code official to be safe and in the public interest of health, safety and welfare.

102.6.1 Exteriors. The provisions regarding exteriors including, but not limited to Chapter 1 and Chapter 3 specifically sections 108, 109, 301, 302, 303, 304, 306, 307.2, 308, and 309 shall apply to all historical property, to maintain the historic value of the structure and premise.

102.6.2 Maryland Building Rehabilitation Code. The provisions of the Maryland Building Rehabilitation Code (MBRC) shall apply to all historic structures that undergo repair, alteration, addition, change of occupancy, and/or relocation, as those terms are defined in §12-1001 of the Public Safety Article of the Maryland Annotated Code and the Code of Maryland Regulations (COMAR) 05.16.01 or corresponding future provisions thereof.

102.6.3 Historic District Commission. All notices and orders, that require building applications and permits, will require the property owner to appear before the Historic District Commission.

§ 11-5.2.5 Chapter 1. Scope and Administration.

Delete Section 103 Department of Property Maintenance Inspection, and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 58, 301, 404, 449 and 526)

SECTION 103 OFFICE OF CODE ENFORCEMENT

103.1 General. The office of Code Enforcement shall be responsible for the enforcement of the provisions of this code. The official in charge thereof shall be known as the code official.

103.2 Liability. The Code Enforcement official, officers or employees charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

103.3 Fees. The fees for activities and services performed by the office of Code Enforcement in carrying out its responsibilities under this code shall be in accordance with the adopted Schedule of Fees as established by the Town Council, which may be revised from time to time by resolution of the Town Council.

§ 11-5.2.7 Chapter 1. Scope and Administration.

Delete Section 106.3 Prosecution of violation and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a municipal infraction and shall be subjected to the penalties set forth in Section 1-8 of the Easton Town Code, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the Town of Easton on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate collectible in the same manner in which real estate taxes are collected, or the Town may collect it by such other action at law as they deem appropriate.

§ 11-5.2.8 Chapter 1. Scope and Administration.

Delete Section 106.4 Violation penalties and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 19, 58, 301, 404, 449 and 526)

106.4 Violation penalties. Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a municipal infraction and shall be subjected to the penalties set forth in Section 1-8 of the Easton Town Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

§ 11-5.2.9 Chapter 1. Scope and Administration.

Delete Section 106.5 Abatement of violation and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Easton Town Council from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

§ 11-5.2.10 Chapter 1. Scope and Administration.

Delete Section 108.2 Closing of vacant structures and replace with the following: (Ordinance 569 effective March 22nd 2010)

108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and collectible in the same manner in which real estate taxes are collected, or the Town may collect it by such other action at law as they deem appropriate.

§ 11-5.2.11 Chapter 1. Scope and Administration.

Delete Section 109.3 Closing streets and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

109.3 Closing streets. When necessary for public safety, the office of Code Enforcement shall temporarily close structures and close, or order the Easton Police Department to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

§ 11-5.2.12 Chapter 1. Scope and Administration.

Delete Section 109.5 Cost of emergency repairs and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the Town of Easton. The cost of such emergency repairs shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate collectible in the same manner in which real estate taxes are collected, or the Town may collect it by such other action at law as they deem appropriate.

§ 11-5.2.13 Chapter 1. Scope and Administration.

Delete Section 110.3 Failure to comply and replace with the following: (Ordinance 569 effective March 22nd 2010)

110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate collectible in the same manner in which real estate taxes are collected, or the Town may collect it by such other action at law as they deem appropriate.

§ 11-5.2.16 Chapter 2. Definitions.

Delete Section 201.3 Terms defined in other codes and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

201.3 Terms defined in other codes. Where terms are not defined in this code, and are defined in the International; Building, Residential, Existing Building, Plumbing, Fuel Gas, Mechanical Codes or the National Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes.

§ 11-5.2.17 Chapter 2. Definitions.

Amend Section 202 General definitions and add the following definitions: (Ordinance 569 effective March 22nd 2010, historical reference 58, 404, 449 and 526)

CELLAR. That portion of a building that is partly or completely below grade, that is not suitable as living space and is usually used for storage

MULTI-FAMILY DWELLING. Multi-family dwelling is any dwelling or part thereof containing three or more dwelling units.

WELFARE. Concerns welfare of the community, or an individual. Any violation or condition that could adversely affect property values or the quality of living in the community.

§ 11-5.2.20 Chapter 3. General Regulations.

Delete Section 302.4 Weeds and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 81, 153 and 526)

302.4 Weeds. All premises, exterior property and any space abutting the same between the property line and the curb or edge of pavement, shall be maintained free from weeds or plant growth in excess of 10 inches in height. All invasive plants are prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs.

Exceptions:

Cultivated Flower Beds, provided they are properly tended.
Vegetable Gardens, provided they are properly tended.
Forests, provided they are maintained free of invasive plants.
Meadows, provided they are mowed around the perimeter in accordance with 302.4. and
1/3 is mowed in strips annually to prevent woody growth.
Agricultural Fields provided they are harvested seasonally.
Shoreline Buffers, provided they are properly tended.

302.4.1 Weeds maintenance; duty to remove. The owner or agent shall have the duty to control such weeds and eliminate such invasive plants.

302.4.2 Failure to remove weeds. In the event that any owner or agent having charge of a property shall fail, for a period of five (5) days after written notice, to keep the premises clear of weeds and invasive plants, the office of Code Enforcement shall have authority to have the condition remedied by; any duly authorized employee of the Town of Easton or contractor hired by the Town of Easton and shall be authorized to enter upon the property in violation and control such weeds and eliminate such invasive plants thereon. Any cost or expense incurred by the town shall be paid by the owner or agent responsible for the property, or shall constitute a lien upon the real property where the work is done collectible in the same manner in which real estate taxes are collected, or the Town may collect it by such other action at law as they deem appropriate.

§ 11-5.2.21 Chapter 3. General Regulations.

Delete Section 302.8 Motor vehicles and its exception and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 404, 449 and 526)

302.8 Motor vehicles. Except as provided for in other regulations, not more than one currently unregistered or uninspected motor vehicle shall be parked, kept or stored on any premises. Allunregistered vehicles must be covered with a car cover designed for such purposes and must be parked on an improved surface; i.e. pavement, gravel, or concrete driveway or parking area.

Exceptions: Automotive Factories, Automotive Sales and Motor Vehicle Repair Garages provided the motor vehicles are parked on an improved surface; i.e. pavement, gravel, or concrete driveway or parking area.

302.8.1 Major overhaul, bodywork and painting. No vehicles shall at any time be in a state of major overhaul (disassembly and or disrepair), or in the process of body work (being stripped and or dismantled). Panting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purpose.

§ 11-5.2.22 Chapter 3. General Regulations.

Delete Section 304.3 Premises identification and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 449 and 526)

304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be arabic numerals or alphabet letters. Numbers shall be a minimum of 3 inches high with a minimum stroke width of 0.375 inch. Rear entrance identification shall be provided on all non-residential structures.

§ 11-5.2.26 Chapter 3. General Regulations.

Delete Section 304.14 Insect screens and its exception and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 449 and 526)

304.14 Insect screens. During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

§ 11-5.2.27 Chapter 3. General Regulations.

Delete Section 305.6 Interior doors and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Keyed locksets are prohibited on sleeping spaces within any single dwelling unit, for one and two families unless approved by the office of Code Enforcement as a Rooming House or Unit.

§ 11-5.2.28 Chapter 3. General Regulations.

Add Section 305.7 Utilities: (Ordinance 569 effective March 22nd 2010, historical reference 58 and 526)

305.7 Utilities. No owner, operator or occupant shall cause any service equipment or utility which is required by this code to be removed, shut off or discontinued for any occupied structure, except for such temporary interruption as may be necessary while actual repairs or alterations are in progress, or during temporary emergencies.

§ 11-5.2.29 Chapter 3. General Regulations.

Delete Section 307.1 Handrails and guardrails and its exception and replace with the following: (Ordinance 569 effective March 22nd 2010)

307.1 General. Every exterior and interior stairway having more than three risers shall have a handrail on one side of the stairway and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (762 mm) high or more than 38 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 36 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted building code.

§ 11-5.2.31 Chapter 4. Light, Ventilation and Occupancy Limitations.

Delete Section 402.1 Habitable spaces and its exception and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 58 and 526)

402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception 1: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.

Exception 2: A skylight-type window shall be considered as a window for natural light for rooms or spaces other than living, sleeping or cooking.

§ 11-5.2.32 Chapter 4. Light, Ventilation and Occupancy Limitations.

Delete Section 403.1 Habitable spaces and its exception and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 58 and 526)

403.1 Habitable spaces, common halls and stairways. Every habitable space shall have at least one open able window. The total open able area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Common halls and stairways in every two-family dwelling, multi-family dwelling and rooming house shall be adequately ventilated.

Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.

§ 11-5.2.33 Chapter 4. Light, Ventilation and Occupancy Limitations.

Delete Section 404.4 Bedroom and living room requirements and its subsections 404.4.1 thru 404.4.5 and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 58 and 526)

404.4 Habitable space requirements. Every habitable space shall comply with the requirements of Sections 404.4.1 through 404.4.6.

404.4.1 Habitable area. Every dwelling unit shall contain at least 190 square feet of habitable floor area for the first occupant, and at least 100 square feet of additional habitable floor area for each additional occupant.

404.4.2 Habitable living and sleeping spaces. Every living space shall contain at least 120 square feet (11.2 m2) and every sleeping space shall contain at least 70 square feet and every space occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant.

404.4.3 Access from sleeping spaces. Sleeping spaces shall not constitute the only means of access to other sleeping spaces or other habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two sleeping spaces.

404.4.4 Water closet accessibility. Every sleeping space shall have access to at least one water closet and one lavatory without passing through another sleeping space. Every sleeping space in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the sleeping spaces or an adjacent story without going outside the dwelling.

404.4.5 Prohibited occupancy. Eating, cooking and non-habitable spaces shall not be used for sleeping purposes. Cellars and basements shall not be used for habitable space.

Exception: No basement shall be used for habitable space unless:

1. The floors and walls are substantially watertight.

2. The total light, ventilation and occupancy limitations are in accordance with this chapter. 3. The required minimum window area of every habitable space is entirely above the grade of the ground adjoining such window area, not including stairwells or access ways.

404.4.6 Other requirements. Habitable space shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.

§ 11-5.2.37 Chapter 5. Plumbing Facilities and Fixture Requirements.

Add Section 502.1.1 Two family dwellings and subsections 502.1.1.1 thru 502.1.1.3: (Ordinance 569 effective March 22nd 2010, historical reference 19, 58 and 526)

502.1.1 Two family dwellings. The occupants may share a single water closet, lavatory, bathtub or shower provided:

502.1.1.1 Neither of the two dwelling units contains more than two habitable spaces; however, for the purpose of this subsection, a kitchen with not more than 60 square feet of floor area is not counted as a habitable space.

502.1.1.2 The habitable space of each of such dwelling units aggregates not more than 250 square feet.

502.1.1.3 The water closet, lavatory and bathtub or shower are within a room, separate from the habitable rooms, which affords privacy and which is accessible to the occupants of each dwelling unit without going through the dwelling unit of another person or outside the dwelling.

§ 11-5.2.38 Chapter 5. Plumbing Facilities and Fixture Requirements.

Delete Section 502.2 Rooming houses and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 19 and 526)

502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units and or each six occupants. In a rooming house in which rooms are let only to males, flush urinals may be substituted in accordance with the International Plumbing Code. No such facilities located in a basement or cellar shall count in computing the number of facilities required by this subsection except when approved by the Building Inspection Division.

§ 11-5.2.39 Chapter 6. Mechanical and Electrical Requirements.

Delete Section 602.2 Residential occupancies and its exception and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 526)

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 70°F in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature of 10°F. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Gas heaters and portable heating equipment employing a flame and heating equipment using gasoline or kerosene do not meet the standards of this chapter and are prohibited.

§ 11-5.2.40 Chapter 6. Mechanical and Electrical Requirements.

Delete Section 602.3 Heat supply and its exceptions and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 301, 404, 449 and 526)

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to May 1 to maintain a temperature of not less than 70°F in all habitable rooms, bathrooms, and toilet rooms.

Exceptions: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature of 10°F.

§ 11-5.2.41 Chapter 6. Mechanical and Electrical Requirements.

Delete Section 602.4 Occupied work spaces and its exceptions and replace with the following: (Ordinance 569 effective March 22nd 2010, historical reference 404, 449 and 526)

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to May 1 to maintain a temperature of not less than 70°F during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

§ 11-5.2.42 Chapter 6. Mechanical and Electrical Requirements.

Add Section 605.4

Site lighting: (Ordinance 569 effective March 22nd 2010, historical reference 371 and 526)

605.4 Site lighting. All exterior sidewalks, walkways, stairs, driveways, parking areas and similar areas shall be illuminated at night to a minimum level of 2 lux (0.2 foot candles) on pavement or other surface area. Tests for proper illumination shall be conducted in accordance with standards established by the Illuminating Engineering Society. This subsection shall not apply to one and two-family dwellings

§ 11-5.2.43 Chapter 7. Fire Safety Requirements.

Delete Section 702.1 General and replace with the following: (Ordinance 628 effective October 7th 2013, historical reference 526 and 569)

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Building and Residential Codes except as provided herein.

702.1.1 Stairway. Stairways in one and two family dwellings constructed prior to February 27th 1984, shall be permitted to continue without change, provided they meet all of the following provisions;

Stairways shall not be less than 27 inches (914 mm) in clear width
The minimum headroom in all parts of the stairway shall not be less than 6 feet 8 inches (2032 mm) measured vertically from the sloped line adjoining the tread nosing or from thefloor surface of the landing or platform on that portion of the stairway
Vertical rise of the stairway shall not be greater than 12 feet (3658 mm)
The maximum riser height shall be 8-1/4 inches (210 mm)
The minimum tread depth shall be 9 inches (229 mm)

§ 11-5.2.45 Chapter 7. Fire Safety Requirements.

Delete Section 702.4 Emergency Escape Openings and replace with the following: (Ordinance 628 effective October 7th 2013)

702.4 Emergency Escape and Rescue Openings. Required emergency escape and rescue openings shall be maintained in accordance with the International Building and Residential Code. The following exceptions for one and two family dwellings shall be permitted to continue without change.

Exceptions.

Openings constructed prior to February 27th 1984 which have not undergone any alteration, renovation or construction project.
Basements constructed prior to October 1st 2009 that do not contain sleeping spaces.
Basements used only to house mechanical equipment and not exceeding a total floor area of 200 square feet (18.58 m2).
Habitable attics constructed prior to March 22nd 2010 that do not contain sleeping spaces.
702.4.1 Replacement Windows. Openings in one and two family dwellings constructed prior to February 27, 1984 shall be subject to the following:

702.4.1.1 Operating style. Replacement windows are permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.

702.4.1.2 Emergency Escape and Rescue Openings. Where windows are required to be emergency escape and rescue openings, replacement windows shall be exempt from the net clear opening dimension obtainable by the normal operation, minimum sill height and window wells, provided the replacement window meets all of the following conditions:

The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening; and
The minimum net clear opening of the frame provides 5.0 square feet (0.465 m2) on the grade floor and 5.7 square feet (0.530 m2) for all other levels; and
The replacement of the window is not part of a change of use or occupancy.

§ 11-5.2.48 Chapter 7. Fire Safety Requirements.

Delete Section 704.2 Smoke alarms and replace with the following: (Ordinance 628 effective October 7th 2013, historical reference 526 and 569)

704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:

On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
In each room used for sleeping purposes.
In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Building Code.

§ 11-6.1 Administrative Waiver Process.

The Code Official may grant administrative waivers of the provisions of the minimum standards for property maintenance in the Town of Easton, Maryland, subject to the limitations provided in § 11-6.3, if the following are satisfied:

Application for an administrative waiver is applied for by the property owner in the approved form;

Adequate written notice of the waiver application is afforded to the tenant of the unit and a copy shall be provided to the Code Official.

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

and

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

§ 11-6.1.1 Administrative Waiver Fee.

There shall be no fee assessed for the filing of an administrative waiver with the Code Official for properties which are appropriately licensed at the time of application. A fee may be applicable to any administrative waiver application for property owners who have, in the twelve (12) month period immediately preceding the administrative waiver request, operated a rental property without the required rental license and whose property was the subject of any action by any department of the Town of Easton to cause the previously unlicensed property to become properly licensed. The Town Council may establish the fee by resolution as part of the Town’s Schedule of Fees.

§ 11-6.2 Duration of Waiver.

Any administrative waiver granted pursuant to this § 11-6 shall be valid for the duration of the tenancy during which it was granted and for the owner for which it was granted. The administrative waiver shall be continued for future tenancies if the tenant executes a written document evidencing that he or she has been notified of the administrative waiver and does not object to the continuation of the administrative waiver. If the tenant does object to the continuation of the waiver, then the Code Official shall afford the tenant the opportunity to be heard and decide the administrative waiver on its merits. It shall be the responsibility of the property owner to notify each new tenant of the administrative waiver and provide a copy to the Code Official. It shall also be the responsibility of the property owner to notify the Town of a change in tenancy or a change in ownership. In addition, each year, the property owner shall include the name, contact information, and waiver form for the then current tenant with the rental application for that particular unit.

§ 11-6.3.1 Minimum Ceiling Height – Administrative Waiver.

The Code Official may grant an administrative waiver for one and two family dwellings to allow ceilings constructed prior to January 21st 1963, to continue without change provided they meet all of the following provisions;

1. Having a minimum floor area, with a clear ceiling height between 6 feet 8 inches (2032 mm) and 7 feet (2134 mm) in accordance with the following table.

Table: Minimum Area Requirements for Administrative Waivers
Space	Ceiling Type	Minimum Area in Square Feet
Space	Ceiling Type	1-2 Occupants	3-5 Occupants	6 or more Occupants
Living	Flat or Sloped	120	120	150
Dining		70	80	100
Kitchen		70	80	100
Bedroom		70 or 100	150, 200 or 250	300*

For SI: 1 square foot = 0.093 m2

Maximum occupants per bedroom shall be limited to six

2. Beams, girders, ducts and similar obstructions do not project below 6 feet 8 inches (2032 mm).

3. Functioning hard wired or sealed long lasting battery operated smoke detectors are supplied in each area.

4. Carbon monoxide detectors are supplied in each area, if fuel-fired appliances are installed in the dwelling and/or if there is an attached garage.

5. Code compliant emergency escape and rescue openings are provided if the area is for sleeping.

§ 11-6.3.2 Stairway – Administrative Waiver.

The Code Official may grant an administrative waiver for one and two family dwellings to allow stairways constructed prior to February 27th 1984, to continue without change, provided they meet all of the following provisions;

Sufficient width and height exist for a person to traverse the means of egress
The stairway has dimensional uniformity in the treads and risers along the walk line
Adequate hand and guard rails are provided
The stairway does not constitute a distinct hazard to life.

§ 11-6.3.3 Hardship – Administrative Waiver.

In addition to the waivers provided in sections 11-6.3.1 and 11-6.3.2, the Code Official may grant an administrative waiver for one and two family dwellings of Sections 303.2, 307, 402.1, 402.2, 403.1, 404.2, 404.4.1, 404.4.3, 404.6, and 702.4 of the Minimum Livability Code if a literal enforcement of the provisions of the minimum livability code would result in hardship to the property owner. A waiver under this section may only be granted to the extent necessary to remove the hardship and if the Code Official finds that at least one of the following circumstances exist:

The safety protections provided by the particular section at issue are adequately satisfied by other means; or
The alterations or repairs required by the code are technically infeasible; or
The costs to make the alteration or repair required are disproportionate to the assessed, appraised or calculated value of the dwelling; or
The increase in safety protections provided are minor when compared to the feasibility or costs to make the alteration.

§11-6.4.3 Board of Appeals.

If the Code Official elects not to grant a waiver of the provisions for minimum ceiling height, stairways or hardship, then the property owner may apply for a waiver to the Board of Appeals pursuant to § 2-26.2 of the Town Code. The fee, if any, for filing with the Board of Appeals shall be established in the Schedule of Fees. The Board of Appeals shall have the power to grant a waiver for the ceiling height, stairways and hardships that comply with the provisions and requirements of § 11-6 of the Town Code and subject to the limitations set forth in § 11-6.3. For the purpose of waiver applications, the Board of Appeals shall have two additional members (for a total of five). Such additional members shall be Town residents appointed by the Mayor and confirmed by the Town Council. The additional members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.

Article I. Property Maintenance Code

§ 11-3. Adoption of Standards.

§ 11-4. State of Maryland – Minimum Livability Code.

§ 11-5 Incorporation by Reference.

§ 11-5.1 International Property Maintenance Code 2009.

§ 11-5.2 International Property Maintenance Code 2009 Amendments.

§ 11-5.2.1 Chapter 1. Scope and Administration.

§ 11-5.2.2 Chapter 1. Scope and Administration.

§ 11-5.2.3 Chapter 1. Scope and Administration.

§ 11-5.2.4 Chapter 1. Scope and Administration.

§ 11-5.2.5 Chapter 1. Scope and Administration.

§ 11-5.2.6 Chapter 1. Scope and Administration.

§ 11-5.2.7 Chapter 1. Scope and Administration.

§ 11-5.2.8 Chapter 1. Scope and Administration.

§ 11-5.2.9 Chapter 1. Scope and Administration.

§ 11-5.2.10 Chapter 1. Scope and Administration.

§ 11-5.2.11 Chapter 1. Scope and Administration.

§ 11-5.2.12 Chapter 1. Scope and Administration.

§ 11-5.2.13 Chapter 1. Scope and Administration.

§ 11-5.2.14 Chapter 1. Scope and Administration.

§ 11-5.2.15 Chapter 1. Scope and Administration.

§ 11-5.2.16 Chapter 2. Definitions.

§ 11-5.2.17 Chapter 2. Definitions.

§ 11-5.2.18 Chapter 3. General Regulations.

§ 11-5.2.19 Chapter 3. General Regulations.

§ 11-5.2.20 Chapter 3. General Regulations.

§ 11-5.2.21 Chapter 3. General Regulations.

§ 11-5.2.22 Chapter 3. General Regulations.

§ 11-5.2.23 Chapter 3. General Regulations.

§ 11-5.2.24 Chapter 3. General Regulations.

§ 11-5.2.25 Chapter 3. General Regulations.

§ 11-5.2.26 Chapter 3. General Regulations.

§ 11-5.2.27 Chapter 3. General Regulations.

§ 11-5.2.28 Chapter 3. General Regulations.

§ 11-5.2.29 Chapter 3. General Regulations.

§ 11-5.2.30 Chapter 3. General Regulations.

§ 11-5.2.31 Chapter 4. Light, Ventilation and Occupancy Limitations.

§ 11-5.2.32 Chapter 4. Light, Ventilation and Occupancy Limitations.

§ 11-5.2.33 Chapter 4. Light, Ventilation and Occupancy Limitations.

§ 11-5.2.34 Chapter 4. Light, Ventilation and Occupancy Limitations.

§ 11-5.2.35 Chapter 4. Light, Ventilation and Occupancy Limitations.

§ 11-5.2.36 Chapter 4. Light, Ventilation and Occupancy Limitations.

§ 11-5.2.37 Chapter 5. Plumbing Facilities and Fixture Requirements.

§ 11-5.2.38 Chapter 5. Plumbing Facilities and Fixture Requirements.

§ 11-5.2.39 Chapter 6. Mechanical and Electrical Requirements.

§ 11-5.2.40 Chapter 6. Mechanical and Electrical Requirements.

§ 11-5.2.41 Chapter 6. Mechanical and Electrical Requirements.

§ 11-5.2.42 Chapter 6. Mechanical and Electrical Requirements.

§ 11-5.2.43 Chapter 7. Fire Safety Requirements.

§ 11-5.2.44 Chapter 7. Fire Safety Requirements.

§ 11-5.2.45 Chapter 7. Fire Safety Requirements.

§ 11-5.2.46 Chapter 7. Fire Safety Requirements.

§ 11-5.2.48 Chapter 7. Fire Safety Requirements.

§ 11-5.2.49 Appendix A. Boarding Standard.

§ 11-6 Administrative Waivers. (Ordinance 627 effective October 7th 2013)

§ 11-6.1 Administrative Waiver Process.

§ 11-6.1.1 Administrative Waiver Fee.

§ 11-6.2 Duration of Waiver.

§ 11-6.3 Limitations on Waivers.

§ 11-6.3.1 Minimum Ceiling Height – Administrative Waiver.

§ 11-6.3.2 Stairway – Administrative Waiver.

§ 11-6.3.3 Hardship – Administrative Waiver.

§11-6.4 Additional Waiver Provisions.

§11-6.4.1 Conditions.

§11-6.4.2 Alterations and Renovations.

§11-6.4.3 Board of Appeals.

§ 11-7 Reserved.