COMCOR 59.00.02 Requirements for Registered Living Units

This Executive Regulation is authorized by Montgomery County Code 1984, as amended, Section 59-A-6.10, "Registered Living Unit - Standards and Requirements" and applies to all Registered Living Units (RLU).

A. Approval. The standards and requirements for RLUs contained in Chapter 59 are administered by the Director of the Department of Environmental Protection (DEP), who is the final authority in all matters pertaining to the approval or disapproval of a RLU.

B. Delegation of authority for routine operations. The Director of DEP has designated the Director of the Department of Housing and Community Development (DHCD), by an Agreement, dated November 11, 1989, to administer routine registration and inspection functions of RLU for DEP.

The following words or phrases are defined as follows for use in this regulation:

Owner-Occupant. A person(s) who holds legal title to a one-family detached dwelling unit. An owner-occupant of a RLU must occupy the dwelling unit, except for bona fide temporary absences not exceeding six months in any twelve month period.

Party wall. A common partition wall, having at least seven feet of length horizontally in one direction, directly dividing the main dwelling and its adjoining RLU. The main dwelling and the RLU must be contiguous along this common wall with no intervening uninhabitable spaces or areas. The party wall requirement may be met, if the RLU is in whole or in part, above or below the main dwelling, provided that there is a common wall meeting the above conditions, or a common floor/ceiling assembly directly dividing the RLU from the main dwelling.

Subordinate to the main dwelling. The total floor area of the RLU must be less than 50% of the total habitable floor area of the main dwelling.

A RLU must comply with the Requirements of the Housing and Building Maintenance Code for Accessory Apartments adopted by Executive Regulation No. 59-89.

The owner-occupant must register the RLU with DHCD, as follows:

a. An owner-occupant must obtain an Affidavit of Compliance (Affidavit) form from DHCD.

b. The owner-occupant must file a completed Affidavit with DHCD which affirms that:

1. the RLU meets the Occupancy, Property and Ownership requirements as set forth in the Zoning Ordinance;

2. the owner-occupant will disclose to any prospective purchaser(s) of the property that there is a RLU on the property and an affidavit on file with DHCD; and

3. DHCD will be informed in writing if the property is sold by the owner-occupant and the owner-occupant will inform DHCD of the names of the new owner(s).

c. After the Affidavit is filed by the owner-occupant, DHCD will determine whether the Affidavit is complete and meets the requirements of the Code. If the Affidavit meets such requirements, then DHCD will approve it by stamping it and initialing it. Any application for a building permit for a RLU submitted to DEP must be accompanied by an approved Affidavit.

d. DHCD will inspect the existing RLU for which an Affidavit has been approved for compliance with applicable codes, as follows:

1. The RLU must be maintained in compliance with all applicable codes, including the Housing and Building Maintenance Standards of Chapter 26 of the Montgomery County Code, 1984, as amended.

2. If any code violations are found they will be listed by DHCD and the owner will be given a reasonable opportunity to make corrections.

3. If necessary, the owner must obtain building, electrical or plumbing permits in order to correct the code violations.

4. When work has been completed under permits, the owner must obtain a final inspection and approval by the appropriate County agency.

e. If a RLU is to be created for which an Affidavit has been approved:

1. The owner must obtain the necessary building, electrical and plumbing permits which may be required for its creation.

2. When work has been completed under permits, the owner must obtain a final inspection and approval by the appropriate agency.

f. When a final inspection by DHCD has verified that the owner has corrected all code violations and/or completed all construction, and meets all Code requirements, DHCD will issue a Certificate of Registration to the owner.

g. The owner must inform DHCD in writing when the occupancy of the RLU changes. The owner must file a new Affidavit with DHCD, indicating who the new occupant will be, if any, and defining the relationship of the occupant to the owner. DHCD reserves the right to inspect the RLU at any change of occupancy. If the Affidavit meets the requirements of the Code, then UHCU may approve it.

The RLU must be maintained in compliance with all applicable codes, including the Housing and Building Maintenance Standards of Chapter 26 of the Montgomery County Code, 1984, as amended. DHCD may conduct inspections, as follows:

a. Each RLU will be annually inspected and at such other times as may be appropriate.

b. The owner must permit DHCD inspector(s) to enter and inspect the RLU and the main dwelling unit, at reasonable times during normal business hours. An appointment may be arranged if necessary, however the inspector's request at the time of a visit shall be considered to be adequate notice of an inspection.

c. The DHCD inspector(s) must be permitted to interview all occupants of the dwelling units who are present during such inspections.

d. DHCD will notify DEP when a violation of Chapter 59 occurs.

a. Whenever the RLU is no longer occupied as an RLU, when a special exception has been granted in accordance with the Code, or whenever the one-family detached dwelling in which the RLU is located is no longer occupied by the owner, tnen the owner must remove the cooking facility of the RLU.

b. Removal of the cooking facility means removal of all equipment that could be used for cooking, heating, or preparing food. Removal of all cooking equipment and facilities includes, but is not limited to any stove, oven, microwave oven, toaster oven, hot plate, other appliance for heating food. Food preparation surfaces, storage facilities (for food and/or utensils) and clean-up facilities such as countertops, refrigerator and sink may remain.

c. The space approved for the RLU must be internally connected to the main dwelling, as appropriate, by the owner, so that a person is not required to go outside the main dwelling to enter the space of the discontinued RLU.

d. The owner must notify DHCD in writing within 15 days of when the RLU is no longer used as a RLU and must complete removal of the cooking element within 90 days of the discontinuance of the RLU use.

e. UHCD may inspect the main dwelling and the discontinued RLU to assure compliance with the requirements of the Code.

This Executive Regulation will take effect 30 days after the date of adoption by the County Council.