Standards for Accessory Apartments
COMCOR 26.00.02
Chapter 26. Housing and Building Maintenance Standards - Regulations
Montgomery County, Md., COMCOR § 26.00.02.01 (2026)
26.00.02.01 AuthorityLinkCopy Citation
This Executive Regulation is authorized by Montgomery County Code:
Section 26-22, "Housing and Building Maintenance Standards" and applies to all rental multiple dwellings and dwelling units.
Montgomery County, Md., COMCOR § 26.00.02.02 (2026)
26.00.02.02 AdministrationLinkCopy Citation
(a)
Approval finality. The housing standards for accessory apartments contained in Chapter 26 are administered by the Director of the Department of Housing and Community Development who is the final authority in all matters pertaining to the approval or disapproval of an accessory apartment dwelling unit.
(b)
Dependency conditions. An approval may be made dependent on other laws and regulations, such as, but not limited to, the installation of a fire sprinkler system.
Montgomery County, Md., COMCOR § 26.00.02.03 (2026)
26.00.02.03 DefinitionsLinkCopy Citation
The following words or phrases are defined as follows for use in this regulation:
Accessory Apartment. A second dwelling unit that is part of an existing one-family detached dwelling, or is located in a separate existing accessory structure on the same lot as the main dwelling, with provision within the accessory apartment for cooking, eating, personal sanitation and sleeping. Such a dwelling unit is subordinate to the main dwelling.
Montgomery County, Md., COMCOR § 26.00.02.04 (2026)
26.00.02.04 Standards for Basic Equipment and FacilitiesLinkCopy Citation
Basic equipment and facilities required by Section 26-5 must meet the following standards:
(a)
The kitchen sink must be suitable for food preparation and for cleaning cooking and eating implements. A small "bar" sink or a laundry tub may be used if it is located in the same work area with the stove, refrigerator and counter space.
(b)
A stove must include both top burners and a convector oven. A microwave oven is not a substitute.
(c)
Portable cooking equipment employing flame is prohibited.
(d)
Surfaces of sinks, tubs, showers and water closets must be of smooth, hard nonabsorbent material, free of cracks, scratches or pores that could retain water or dirt. Worn, cracked or scratched surfaces exposing a porous, absorbent structural material is prohibited.
(e)
Safe, unobstructed means of escape leading to safe and open space at ground level requires:
(1)
Every sleeping room must have at least one openable outside window or exterior door for emergency egress or rescue. The window must:
o Be at least 5 square feet in net clear opening;
o Be openable without the use of a tool;
o Have a minimum net clear opening height of 22 inches and a minimum net clear opening width of 20 inches; and
o Have the bottom of the opening not more than 44 inches above the floor.
(2)
A second exit path, by door or stairway, must provide a clear path of access to the outside. The minimum width for a hallway or escape access, and for a basement stairwell used as an exit path is 22 inches.
(3)
Bars, grilles or screens over escape windows must be releasable or removable from the inside without the use of a key, tool or excessive force.
(4)
Window well dimensions for an escape window must be:
o At least 36 inches from the wall of the house along all points of the back wall of the well;
o At least the greater of 36 inches or the width of the opening in the foundation wall;
o No deeper than 44 inches unless at least one wall is a graduated and climbable slope or steps for escape and access; and
o The top of the walls of the window well must not be higher than the dwelling unit ceiling.
(5)
Sleeping rooms must not be used as the only means of access to other sleeping rooms or habitable space.
(6)
No stove or combustion heater may be located so as to block escape in case of fire arising from a malfunction of the stove or heater. Exit stairs must not be located over a furnace.
Montgomery County, Md., COMCOR § 26.00.02.05 (2026)
26.00.02.05 Standards for Light, Ventilation, and HeatingLinkCopy Citation
Light, ventilation, electricity and heating requirements of Section 26-6 include the following:
(a)
The glazed area of the required windows, skylights, monitors, glazed doors, transoms, glass block panels or other light transmitting media open to the sky or to a public street, yard or court may be omitted where artificial light is provided by installed ceiling or wall fixtures capable of producing an average illumination of 6 foot candles (or equivalent of a 60 watt bulb) over the area of the room at a height of 30 inches above the floor level. (See also Sec. 26-6(d)(1) requirement for 3 watts per square foot).
(b)
The glazed areas need not be openable where mechanical ventilation is provided capable of producing a change of air every 30 minutes and the opening is not required for escape.
(c)
Proper installation of electric service, outlets and fixtures includes:
(1)
In kitchens and dining areas a receptacle outlet must be installed at each counter space wider than 12 inches.
(2)
At each outdoor entrance to the apartment an exterior light fixture must be installed capable of providing adequate light for arty step or stair and, if needed, any path leading to the entrance.
(d)
Proper installation of heating facilities and maintenance of those facilities in safe and good working condition includes:
(1)
Every chimney must be properly installed and maintained in safe and good working condition.
(2)
Every central heating unit or central hot water heating unit that employs a flame must be connected to a flue or vent.
(3)
Fireplaces are included in the space heating unit category.
(4)
Wood stoves must be stable.
(5)
Metal surfaces must be protected from the elements and against decay.
Montgomery County, Md., COMCOR § 26.00.02.06 (2026)
26.00.02.06 Standards for Safe and Sanitary MaintenanceLinkCopy Citation
Requirements of Section 26-8 for assurance of safe and sanitary maintenance includes:
(a)
An accessory apartment for rental use must be fully separated, as a subordinate dwelling unit, from the main dwelling unit. Walls and lockable doors in doorways must afford privacy.
All water closets and bathrooms require walls and a door that affords privacy.
(b)
Floors and walls of shower and bath areas must be finished with a smooth, hard, nonporous, and nonabsorbent surface to a height of not less than 6 feet above the floor.
(c)
Every inside or outside stair of 3 or more risers must have a handrail on at least one side. The maximum and minimum heights of the handrail are 34 inches and 30 inches respectively, measured vertically from the nosing of the treads. Open sides of stairs must be protected.
Handrails and guardrails on open sides of stairways must have intermediate rails or ornamental closures which will not allow passage of an object 6 or more inches in diameter.
(d)
Porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below must have guardrails not less than 36 inches in height.
Montgomery County, Md., COMCOR § 26.00.02.07 (2026)
26.00.02.07 Minimum Standards for Space, use and LocationLinkCopy Citation
The space, use and location requirements of Section 26-9 include:
(a)
In habitable rooms other than kitchens, beams spaced at least 4 feet on center may project to 6 inches below the minimum ceiling height.
(b)
In basements, furred ceilings under primary structural beams, mechanical ducts, and plumbing pipes may have a height not less than 6 feet and 8 inches.
Montgomery County, Md., COMCOR § 26.00.02.08 (2026)
26.00.02.08 SeverabilityLinkCopy Citation
Each part of this regulation is severable in that if any provision, clause, sentence, section, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such determination does not affect or impair any remaining part of this regulation or its application to other person or circumstance.