The Sections contained in this Subdivision shall add, modify, amend, delete, or change the designated Sections of the Housing Code as indicated in each Section. Where the name of the jurisdiction is to be indicated in any Section of the Housing Code, the jurisdiction name shall be Prince George's County, Maryland. Where the Housing Code references any Building Code, it shall be construed to mean the Prince George's County Building Code as adopted by Subtitle 4 of the Prince George's County Code. Where the Housing Code references any Plumbing Code, it shall mean the Prince George's County Plumbing Code as enforced by the Washington Suburban Sanitary Commission. Where the Housing Code references any Fire Code, it shall mean the Prince George's County Fire Safety Law as adopted by Subtitle 11 of the Prince George's County Code. Where the Housing Code references any Electrical Code, it shall mean the Prince George's County Electrical Code as adopted by Subtitle 9 of the Prince George's County Code.

As used in this Division and the Housing Code: Building Official or Code official shall mean the Director of the Department of Permitting, Inspections, and Enforcement or the Director's duly authorized representative; Code shall mean the Housing Code; Email is the exchange of computer-stored messages from one user to one or more recipients through the internet that requires a webmail server address; and, Municipality or City shall mean the County unless it is specifically intended to indicate an incorporated city or town within the County.

Section 101.1, entitled "Title," is deleted in its entirety. Section 101.2 is amended to read as follows: "101.2 Scope. The provisions of this Code shall apply to all existing residential structures and premises and 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, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the occupancy of existing structure and premises, and for administration, enforcement, and penalties. This Code shall not apply to hotels and motels serving transient guests only, rest homes, convalescent homes, nursing homes, and such structures which have been converted to an approved nonresidential use."

Section 102.1 is amended to read as follows: "102.1 General. The provisions of this Code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. When any provision of this Code governing residential uses differs from any other provision of this Code or any other Section of the County Code, the more restrictive provision shall apply." Section 102.3 is amended to read as follows: "102.3 Application of other codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the County Code." Section 102.4 is amended to read as follows: "102.4 Existing remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe, and unsanitary." Section 102.7, entitled "Referenced codes and standards," deleted in its entirety.

The title of Section 103 is amended to read as follows: "County Inspections." Section 103.1 is amended to read as follows: "103.1 General. The Director of Permitting, Inspections, and Enforcement or the Director's designee shall be known as the Code Official." Section 103.2, entitled "Appointment," is deleted in its entirety. Section 103.3, entitled "Deputies," is deleted in its entirety. Section 103.4 is amended to read as follows: "103.4 Restriction of employees. An official or employee connected with the enforcement of this Code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Prince George's County Department of Permitting, Inspections, and Enforcement." Section 103.5 is amended to read as follows: "103.5 Liability. The Code Official, officer, or employee 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. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this Code; and any officer acting in good faith and without malice shall be free from liability for acts performed under any of the provisions of this Code, or by reason of any act or omission in the performance of official duties." Section 103.6, entitled "Fees," is deleted in its entirety.

Section 104.3 is amended to read as follows: "104.3 Inspections. Subject to the limitations and conditions as hereinafter stated in this Section, it shall be the duty of the Code Official to make, or cause to be made, inspections as often as necessary to determine the conditions of dwellings, multifamily dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the safety and welfare of the public under the provisions of this Code. Such inspections shall be made in response to citizen or official complaints or other reliable information or allegations of existing violations of the Code. Further, inspections of dwellings, dwelling units, rooming houses, rooming units, and premises shall be made on a systematic basis (e.g., house by house, block by block) in areas, communities, or neighborhoods when it is determined by the Code Official that such action is necessary to properly apply and enforce the provisions of this Code. All reports of such inspections shall be in writing and shall be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority." Section 104.3.1 is added to read as follows: "104.3.1 Inspections - Rental Housing - Ten or More Units. Notwithstanding Section 104.3, it shall be the duty of the Code Official to make, or cause to be made, inspections of rental housing dwellings, with ten or more units, for all rental housing properties over twenty-years old every three-years. All rental housing properties, with ten or more units, receiving a payment in lieu of taxes agreement pursuant to Md. Ann. Code Art. Local Government, Section 1-1308 shall be inspected every three-years. These inspections will be to determine the conditions of the rental housing properties in order to safeguard the safety and welfare of the public under the provisions of this Code. All reports of such inspections shall be in writing and shall be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. If a municipality within the County conducts rental housing inspections, for rental housing properties with ten or more units, the municipality shall provide the Code Official, or their designee, information about their inspections resulting in violations within 30 days of the issuance of the violation notice. If a municipality conducts rental housing inspections, for rental housing properties with ten or more units, it is optional for the Code Official to conduct the three-year inspection on properties set forth in this Section, if the municipality conducts the rental housing inspection within the three-year timeframe. The three-year timeframe commences on the date of the last inspection of the rental housing property which is noted on file." Section 104.4 is amended to read as follows: "104.4 Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law. Permission need not be obtained for entry to spaces and areas to which the public is ordinarily invited. Notwithstanding any other provision of this Code, and in the event of an emergency situation constituting an immediate threat to individual human life, property, or the public safety, and if, in addition, the delay associated with applying for a search warrant authorizing entry would result in undue harm, the Code Official shall be authorized without permission or warrant to make an emergency entrance for the sole purpose of abating or eliminating the exigent dangerous condition. Notwithstanding any other provision of this Code, all licensing and permit inspections authorized and required by this Code shall be processed without the necessity for obtaining permission or obtaining a judicial warrant authorizing entry. Failure to allow entry for such inspection shall constitute sufficient reason for the denial or revocation of the subject license or permit." Section 104.7 is amended to read as follows: "104.7 Department records. The Code Official shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be retained in accordance with the County's approved records retention schedule." Section 104.8 is amended to read as follows: "104.8 Coordination of inspections. Whenever in the enforcement of this Code or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders." A new Section 104.9 is added to read as follows: "104.9 Municipal enforcement. Any incorporated city or town, which by law has authority to enact regulations governing the enforcement of this Code, may elect to conduct its own housing code enforcement program, provided that any such incorporated city or town shall adopt the County's Housing Code or a housing code not less stringent in minimum requirements."

Section 106.4 is amended to read as follows: "106.4 Violation penalties. Every person in violation of this Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of Five Hundred Dollars ($500.00), or by imprisonment not to exceed ninety (90) days, or both. Each day that the violation continues shall constitute a separate offense. The application of the foregoing penalties shall not preclude the filing of an action for injunctive relief in a court of competent jurisdiction."

Section 107.3 is amended to read as follows: "107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is delivered personally or sent by certified or first-class mail addressed to the last known address, and by written consent of the rental license applicant or rental renewal license applicant, sent by email. Except for email, if the notice is returned showing that the letter was not delivered, indicating notice of returned service, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. The Department shall provide guidelines for implementation of email methods of service. It is the responsibility of those who consent in writing to be served a notice of violation, civil citation, and administrative citation of the Housing Code by email to maintain a current email address with the Department. If email consent is provided then, service by certified mail or first-class mail is not required. Failure to update the Department with a new email is not a basis to challenge service. Failure to update an email address shall preclude the applicant from any notice- related defenses." Section 107.5 is amended to read as follows: "107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the Code Official." A new Section 107.6 is added to read as follows: "107.6 Transfer of responsibility. A contract, lease, or other agreement, effective as between the owner and operator, operator and occupant, or owner and occupant, with regard to matters covered hereunder, shall not relieve any party of the direct responsibility under the provisions of this Code."

The title of Section 108 is amended to read as follows: "Open Unfit, Unsafe, Unlawful, or Abandoned Structures." Section 108.1 is amended to read as follows: "108.1 General definitions. For the purposes of Sections 108, 109, and 110 of this Code, the following terms shall apply." Section 108.1.3 is amended to read as follows: "108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful, or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, utilities, or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. This term shall also include the phrase unfit for human habitation." A new Section 108.1.3.1 is added to read as follows: "108.1.3.1 Abandoned for residential use. A dwelling or dwelling unit is considered abandoned for residential use when it has been declared unfit for human habitation for a period in excess of six (6) months and has not been brought up to the Code standards required for occupancy." Section 108.2 is amended to read as follows: "108.2 Procedures for closing open structures. If the structure is open and unfit for human habitation and occupancy and is not in danger of structural collapse, the Code Official is authorized to post a placard declaring the structure unfit and order the structure closed up so as not to be an attractive nuisance." Section 108.3 is amended to read as follows: "108.3 Procedures for structures unfit for human occupancy. Whenever the Code Official finds that any dwelling or dwelling unit has become unfit for human occupancy, as defined by this Code, the Code Official shall declare it unfit and order it to be vacated. Once vacant, the exterior structure and premises must be maintained to the minimum standards of this Code and the County Code. Any boarding of windows and doors to secure the structure shall be done in a workmanlike manner, and the materials used shall conform to the overall exterior appearance of the structure and in conformance with the requirements of Section 109.2. Any dwelling declared unfit for human habitation shall be posted with a placard that shall include: The Section of the Code under which the order is issued; An order that the dwelling or dwelling unit must be vacated; An order that dwelling or dwelling unit must remain vacant until the provisions of the order are satisfied and the order to vacate is withdrawn; The date that the placard is posted; and A statement of the penalty for destruction or removal of the placard. Whenever the Code Official has declared a dwelling unit unfit for human habitation, the Code Official shall give notice to the owner of such declaration and placarding of the dwelling as unfit for human habitation. Such notice shall: Be in writing; Include a description of the real estate sufficient for identification; Include a justification statement for the determination; State the time period for correction of the cited conditions; and State the time by which the occupants must vacate the premises. Service of notice to vacate shall be accomplished by posting a copy of the notice in a conspicuous place on the premises to be vacated and by one of the following: By delivery to the owner personally; By leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or By depositing the notice in the United States Post Office addressed to the owner at the owner's last known address with postage prepaid thereof. Any dwelling which has been declared and placarded as unfit for human habitation shall be vacated within a reasonable time period as required by the Code Official, and it shall be unlawful for any owner or operator to let said dwelling to any person for human habitation. No person shall occupy a dwelling which has been declared or placarded by the Code Official as unfit for human habitation after the date set forth on the placard. No dwelling which has been declared or placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from the Code Official. The Code Official shall remove such placard whenever the defect or defects upon which the declaration and placarding actions were based have been eliminated." Section 108.4 is amended to read as follows: "108.4 Procedures for dwelling units declared abandoned for residential use. Any dwelling unit which has been declared unfit for human habitation for a period in excess of six (6) months and has not been brought up to Code standards required for occupancy may be declared abandoned for residential use and may be razed in accordance with the procedures in Section 110.3. Any windows, doors, or other exterior openings in an abandoned dwelling unit shall be closed and sealed with materials and in a workmanlike manner that conforms to the overall exterior appearance of the structure in accordance with the provisions of Section 109.2. The interiors of such abandoned dwelling units shall be maintained to the standards required for other nonresidential areas, such as storage rooms, laundry rooms, workshops, or other similar uses." Section 108.5 is amended to read as follows: "108.5 Unlawful structure. No dwelling or any part thereof declared unlawful in accordance with Section 108.1.4 may be occupied until such dwelling or dwelling unit conforms with the provisions of this Code." Section 108.6, entitled "Removal of placard," is deleted in its entirety.

The title of Section 109 is amended to read as follows: "Unsafe Conditions - Emergency Measures." Section 109.1 is amended to read as follows: "109.1 Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes, or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice advising that the structure is unsafe and its occupancy has been prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same." Section 109.2 is amended to read as follows: "109.2 Temporary safeguards. When, in the opinion of the Code Official, there is an imminent danger due to an unsafe condition, the Code Official shall cause the necessary work to be completed in the following manner: 1. When securing doors and windows, the material shall be cut to fit either within the recess of the exterior finish wall if the door or window is recessed or to fit on the door or window trim if the trim is applied to top of the exterior wall. 2. The preferred material for windows shall be a transparent material such as lexan or plexiglas. If solid materials are used to secure either windows or doors, the solid material shall be painted either white or painted to match the color of the trim. 3. Once the structure is secure, the Code Official shall notify the owner that temporary measures have been taken, that the owner is required to restore the structure within thirty (30) days, and that the owner is subject to citation directing that the building be repaired to restore the building envelope. If the structure is not restored within thirty (30) days, the owner shall be fined One Thousand Dollars ($1,000.00) for each month that the violation continues and the property is not restored. For damage to the building as a result of a storm or fire, the Code Official may extend the initial thirty (30) day period without assessing a fine if the owner and insurer are promptly and actively undertaking repairs to the building." Section 109.5 is amended to read as follows: "109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid from the Office of Finance on certificate of the Code Official. The County Attorney shall institute appropriate action against the owner of the premises harboring the unsafe condition. Recovery of costs shall include, but not be limited to, certification for a tax lien, as provided by Section 109.7 of this Code." Section 109.6, entitled "Hearing," is deleted in its entirety. A new Section 109.7 is added to read as follows: "109.7 Creation of a tax lien. There is created a tax lien on real property for monies expended by the County for the razing, demolition, removal, or making safe buildings and/or abatement of other unsafe nuisances or conditions constituting a danger to the public health and safety where the responsible party refuses or fails to comply with a lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 119 and 120 of the Building Code. There is created a tax lien on real property for monies expended by the County for the elimination of infestation constituting a danger to the public health and safety where the responsible party refuses or fails to comply with the lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 108 through 110 of this Code. There is created a tax lien on real property for monies expended by the County for the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials where the responsible party refuses or fails to comply with the lawful order of the Code Official after proper notice thereof, either actual or constructive, or as provided in Sections 108 through 110 of this Code. Following the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials or as provided in Sections 108 through 110 of this Code, the County may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the costs and expenses incurred, with the Director of Finance. The notice of lien shall consist of a sworn statement by the Director of Finance setting forth: 1. A description of the real estate, such as the address or other description of the property, sufficient for its identification; 2. The expenses incurred by the County in undertaking the remedial actions authorized by the Division; 3. The date or dates that the expenses were incurred by the Director; 4. A statement that the building was open and vacant and constituted an immediate and continuing hazard to the community; 5. A statement that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this Section; and 6. A statement as to when and where the notice was published. Upon notice from the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes."

The title of Section 110 is amended to read as follows: "Condemnation and Demolition." Section 110.1 is amended to read as follows: "110.1 Dangerous structures. If all or part of any building or structure (including fences, billboards, and signs) or the equipment for the operation of said building or structure (including, but not limited to, the heating plant, plumbing, electric wiring, moving stairways, elevators, and fire extinguishing apparatus) is determined by the Code Official to be in an unsafe condition or otherwise poses a danger to life, limb, or property, the Code Official shall institute condemnation proceedings pursuant to the applicable provision of the Building Code or this Code pertaining to unsafe structures." Section 110.2 is amended to read as follows: "110.2 Abatement of unsafe conditions, infestation of rodents, or demolition of dangerous structures. In the event that the responsible party fails to comply with the lawful order of the Code Official to make safe or demolish an unsafe structure, correct a dangerous condition, or eliminate an infestation of rodents, the Code Official shall proceed when, in the Code Official's opinion, emergency action is required to abate the unsafe condition or infestation by appropriate means, including demolition and removal of dangerous structures, utilizing such public or private resources required and available. All costs incurred for such emergency action shall be paid from the Office of Finance on certificate of the Code Official, and the legal officer of the County shall institute appropriate action against the owner of the premises where the unsafe structure, infestation, or condition was located for recovery of such costs, including, but not limited to, certification of a tax lien." Section 110.3 is amended to read as follows: "110.3 Razing structures declared abandoned for residential use. Any dwelling unit declared abandoned for residential use, except for historic sites, must either be made habitable or utilizable within three (3) months of notice of violation, a copy of which shall be transmitted to the Historic Preservation Commission, or the structure will be razed as a dangerous structure. The Board of Appeals shall not have jurisdiction to grant a variance or waive this Section except upon a finding that litigation is pending in the courts and is actively being pursued, which litigation should finally determine legal ownership of the subject property, or upon a finding that litigation is pending regarding disposition of an insurance claim arising from the subject property." Section 110.4 is amended to read as follows: "110.4 Condemnation of open, hazardous residential buildings. If the Code Official determines that a residential building three (3) stories or less in height is open and vacant and is an immediate and continuing hazard to the community in which the building is located, then the Code Official shall be authorized to post a notice of not less than two (2) feet by two (2) feet in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired, or enclosed, and unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the building may be demolished, repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials may be removed by the County. Not later than thirty (30) days following the posting of the notice, the Code Official shall: Cause to be sent, by certified mail, a notice to all owners of record of the property stating the intent of the County to demolish, repair, or enclose the building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if action is not taken by the owner; Cause to be published, for three (3) consecutive days, in a newspaper of record, notice setting forth the address of the building; a description of the real estate sufficient for its identification; a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community; and a statement that the County intends to demolish, repair, or enclose the building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner fails to do so; and If a building is an identified historic resource on the Adopted and Approved Historic Sites and District Plan of Prince George's County, Maryland, cause a copy of the notice to be sent to the Historic Preservation Commission and demolition shall not be authorized without the approval of the Historic Preservation Commission. A person objecting to the proposed actions of the County may file an objection in an appropriate form in a court of competent jurisdiction. If the building is not demolished, repaired, or enclosed, or the garbage, debris, or other hazardous, noxious, or unhealthy substances or materials are not removed within thirty (30) days of mailing the notice to the owners of record, or within thirty (30) days of the last day of publication of the notice, whichever is later, the Code Official shall have the power to demolish, repair, or enclose the building, or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials. The County may proceed to demolish, repair, or enclose a building, or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this Section, within a 120 day period following the date of the mailing of the notice if the Code Official determines that removal of the hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, before the Code Official proceeds with any of the actions authorized by this Section, a person has initiated legal action under this Division in a court of competent jurisdiction and has served a copy of the complaint on the County, then the County shall not proceed with the demolition, repair, enclosure, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials until the court determines that action is necessary to remedy the hazard and issues an order authorizing the County to do so."

Section 111.1 is amended to read as follows: "111.1 Appeals by owner or occupant. Whenever it is claimed that the true intent and meaning of this Code has been misconstrued or wrongly interpreted, the owner or occupant or duly authorized agent may appeal the decision of the Code Official to the Administrative Hearing Unit as established in Division 15 of this Subtitle. Notice of such appeal shall be in writing and filed within ten (10) calendar days after the decision is rendered by the Code Official. In the case of a structure or dwelling unit which, in the opinion of the Code Official, is unsafe or dangerous, the Code Official may, by order and proper notice, shorten the time for the filing of an appeal. Appeals arising under this Section shall be made using forms provided by the Administrative Hearing Unit and shall be filed with the Administrative Hearing Unit, which will then notify the appellant in writing of the time and place of the hearing." Section 111.2 is amended to read as follows: "111.2 Decisions of the Administrative Hearing Unit. The Administrative Hearing Unit shall hold a hearing upon the appeal. The proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The County shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant owner or occupant shall have the burden to establish by a preponderance of the evidence that the County or its agencies have misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Code Official to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Code Official. However, the Administrative Hearing Unit may grant variances of the application of any provision of this Code when the substantial credible evidence clearly establishes that the enforcement thereof would do manifest injustice or would be contrary to the spirit and purpose of the Code. A decision of the Administrative Hearing Unit to vary the application of any provision of this Code or to modify an order of the Code Official shall specify in what manner such variation or modification is made, shall state the conditions upon which it is made, shall make findings of fact in support of the variance, and shall state the supporting reasons for the variance. Every decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. A copy of each such decision shall be promptly filed with the Code Official, and the issuing agency shall maintain a file of such decisions which shall be open to the public for inspection during regular business hours. A copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An owner or occupant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court." Sections 111.2.1, 111.2.2, 111.2.3, 111.2.4, 111.2.5, 111.3, 111.4, 111.4.1, 111.5, 111.6, 111.6.1, 111.6.2, 111.7, and 111.8 are deleted in their entirety.

The following definitions in Section 202 of this Code are hereby amended or added to read as follows: "CONDEMN. The definition for condemn in the Code is hereby deleted." "DWELLING. The term dwelling as used within the Code includes any building or structure presently used, intended to be used, or originally built or designed for the purpose of human habitation. Any such building or structure remains a dwelling for purposes of the Code during its existence or until converted to an approved nonresidential use. Occupancy is not a factor determining whether a building or structure is a dwelling. A building or structure will not cease to be a dwelling for purposes of this Code when it is left unoccupied for any period of time, regardless of the reason for vacancy. Dwellings include, but are not limited to, the following: Boarding House, Lodging House. A residence building in which, as a home occupation and for compensation, lodging and meals are furnished to four (4) or more, but not exceeding nine (9), guests and containing not more than five (5) guest rooms. Dormitory. A building arranged or used for lodging six (6) or more, but not exceeding twenty (20), individuals and having common toilet and bathroom facilities. Hotel. A building arranged or used for sheltering, sleeping, or feeding, for compensation, more than twenty (20) individuals. Multifamily Apartment House. A building containing three (3) or more dwelling units. One-Family Dwelling. A building containing one (1) dwelling unit with not more than three (3) lodgers or boarders. Tourist Home or Tourist House. A residential building containing not more than nine (9) guest rooms, where (for compensation) lodging or meals, or both, are provided or offered for transient guests. Two-Family Dwelling. A building containing two (2) dwelling units with not more than three (3) lodgers or boarders per family but not more than twenty (20) individuals." "HUMAN HABITATION OR RESIDENTIAL PURPOSES. Any reference in this Code to the use of a building or structure being either for human habitation or for residential purposes shall include any building or structure that is presently used, intended to be used, or was originally built or designed to be used for human habitation or residential purposes." "POST-SETTLEMENT OCCUPANCY AGREEMENT. Refers to a rental agreement between the buyer of real property and the seller of the property, where the parties agree to allow the seller to occupy the dwelling for a term of 90 days or less after the final sale/settlement of the property to the buyer." "PRE-SETTLEMENT OCCUPANCY AGREEMENT. Refers to a rental agreement between the buyer of real property and the seller of that property, where the parties agree to allow the buyer to occupy the dwelling for a term of 90 days or less before the final sale/settlement of the property."

Section 302.1 is amended to read as follows: "302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property which such occupancy occupies or controls in a clean and sanitary condition. Except as otherwise specifically authorized by law, the open storage on residential property of any household appliance, motor vehicle parts, building materials, furniture, weeds, dead trees, garbage, rubbish, or similar items or materials, or residue therefrom, is prohibited, regardless of age or condition." Section 302.3 is amended to read as follows: "302.3 Sidewalks, parking areas, and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be maintained free of unsafe obstructions or hazardous conditions." A new Section 302.3.1 is added to read as follows: "302.3.1 Lighting and parking lots and exterior passageways. All exterior walkways between buildings, between parking lots, and between buildings and parking lots shall be illuminated with no less than one and one-fourth (1 1/4) lumens per square foot." Section 302.4 is amended to read as follows: "302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. No plant growth shall be allowed to impede or obstruct walkways, sidewalks, streets, or adjoining driveways, or the required letters and/or numbers which identify the address of the property." Section 302.7 is amended to read as follows: "302.7 Accessory structures. All accessory structures on dwelling premises (including, but not limited to, detached garages, storage sheds or buildings, steps, fences, and other constructed appurtenances and facilities) shall be maintained structurally safe and sound and in good repair. Exterior steps shall be maintained free of unsafe obstructions or hazardous conditions." Section 302.8 is amended to read as follows: "302.8 Motor vehicles. It shall be unlawful for the owner or occupant of a structure used for human habitation to utilize, or allow to be utilized, the premises for the storage of any motor vehicle which is wrecked, dismantled, inoperable, or not currently licensed. This Section shall not apply to any one (1) vehicle which is wrecked, dismantled, inoperable, or not currently licensed, that is kept in a wholly enclosed garage. To be considered operable, it must be demonstrated that the vehicle is capable of being driven under its own power for a minimum distance of one hundred (100) feet." A new Section 302.10 is added to read as follows: "302.10 Firewood. All firewood or other wood material intended for use in a stove or fireplace shall be cut to lengths for final use and neatly stacked at least eighteen (18) inches above the ground in open racks so that these materials will not afford a shelter or harborage for rodents, or not less than six (6) inches from a weed-free surface on property improved by a single-family dwelling."

Section 303.3 is amended to read as follows: "303.3 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. All structures that contain more than one address shall have numbers at least eight (8) inches in height placed in accordance with Section 11-274 of the County Code. Address numbers for all other residential structures shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of 0.5 inches." Section 303.14 is amended to read as follows: "303.14 Insect screens. During the period from June 1 to October 15, 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 sixteen (16) mesh per inch, and every swinging door shall have a self-closing device in good working condition. Exceptions: No screens shall be required on any floor above the fifth floor. Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed." Section 303.15.1 is added to read as follows: "303.15.1 Locking devices. Any swinging entrance door to an individual apartment or multifamily dwelling unit shall be provided with a deadbolt locking device having a minimum throw of not less than five-eighths (5/8) of one inch and with the deadbolt capable of being activated by key from the outside and by turn-knob from the inside, so as to provide reasonable security against unauthorized entry. Door locks and the matter of installation shall be subject to the specific approval of the Building Official. The exterior door, door hinge, door lock, and door latch for each unit shall be maintained in functional condition." Section 303.15.2 is added to read as follows: "303.15.2 Visual detection device. Unless a visual detection device (magnifying peephole) is currently provided, all swinging entrance doors to any individual apartment or multifamily dwelling unit shall be equipped with a visual detection device (magnifying peephole) which will provide a 180 degree viewing angle so as to allow the occupant of a dwelling unit to inspect the entrance area outside the door while the door is closed." Section 303.15.3 is added to read as follows: "303.15.3 Sliding doors and windows. All patio and balcony sliding entrance doors, and all windows capable of being opened and accessible from a balcony or two (2) stories or less above grade, shall be equipped with a device that locks and secures the door or window within its frame so as to provide reasonable security against unauthorized entry by opening or removal of the door or windows from its frame. Such acceptable devices include, but are not limited to, security bars and jimmy plates. The type of device and manner of installation shall be subject to the approval of the building official, who shall coordinate such approval with the Chief of Police or the Chief's designee." Section 303.15.4 is added to read as follows: "303.15.4 Auxiliary use doors. Where exterior entrance doors to buildings are not secured, entrance doors to laundry rooms, storage areas, trash rooms, and other similar areas within multifamily dwellings shall be provided with the same locking hardware required in Section 303.15.1, and the respective apartment tenants shall be provided with access keys."

Section 304.3 is amended to read as follows: "304.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. No lead-based paint may be applied."

Section 306.3 is amended to read as follows: "309.2 Single occupancy. The owner of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises." Section 306.4 is amended to read as follows: "309.4 Multiple occupancy. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house, or a nonresidential structure shall be responsible for pest elimination." Section 306.5 is amended to read as follows: "309.5 Continued maintenance. The owner of any structure shall be responsible for the continued rodent- and pest-free condition of the structure."

A new Section 307 is added to read as follows: "SECTION 307""INTERIOR SIGNAGE FOR MULTIFAMILY DWELLINGS" "307.1 General. All multifamily buildings, except for those originally constructed or designed for one- or two-family use, shall have readily visible signs in interior hallways and stairways which direct users to specific dwelling units or floors within the building." "307.1.1 Primary doors. All primary entrance doors into an individual dwelling unit shall have permanently affixed thereto readily visible markings which identify that particular unit." "307.1.2 Opposite elevator. On the wall directly facing an elevator exit, in addition to the lobby exits, there shall be permanently affixed a sign which identifies the most direct path of travel to all dwelling units located on that floor. The sign shall have bold lettering with a minimum height of one-half (1/2) inch." "307.1.3 Hallway junctions. On the wall facing any junction of a hallway, there shall be permanently affixed a sign identifying the most direct path of travel to all dwelling units in hallways leading from that junction. When a sign is already in place pursuant to Section 307.1.2 and that sign is visible at the location requiring a sign pursuant to this Section, only one sign at either location shall be required." "307.1.4 Stairway doors. On the egress side of any door leading from a stairway to a hallway, there shall be permanently affixed a sign identifying the particular floor or level entered through that door, or the identification number of dwelling units located on that floor or level. The sign shall have bold lettering with a minimum height of six (6) inches."

Section 404.1 is amended to read as follows: "404.1 Privacy. Dwelling units, rooming units, and dormitory units shall be arranged to provide privacy and shall be separate from other adjoining spaces." Section 404.4, entitled "Bedroom and living room requirements" reads as follows: "404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5." "404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m 2 ) and every bedroom shall contain not less than 70 square feet (6.5 m 2 ) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m 2 ) of floor area for each occupant thereof." "404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces." Exception: Units that contain fewer than two bedrooms. "404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story." "404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes." "404.4.5 Other requirements. Bedrooms 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." Section 404.5, entitled "Overcrowding" is amended to read as follows: "404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5." For purposes of Section 13-123 of the County Code, occupant is defined as any person over one year of age. TABLE 404.5MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living room a, b 120 120 150 Dining Room a, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.0929 m 2 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. Extensions: The Director of the Department of Permitting, Inspections and Enforcement is authorized to grant an extension not to exceed 90 days to comply with a violation of sections 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, Table 404.5, 404.5.1, 404.5.2, and/or 404.6 of the Housing Code, with the following exceptions for which no extension to comply shall be granted: Subject dwelling unit is found to have a pending code violation that constitutes an immediate threat to the health or safety of the occupant or public; and Tenant, occupant, or owners have been found guilty of a public or neighborhood nuisance within a two-year period, pursuant to the County Nuisance Abatement Board. In order for an extension to comply to be applied for any tenant, occupant, or owner, the County shall require said tenant, occupant, or owner, to execute an inspection agreement to provide for access to the dwelling unit at a reasonable time for an inspection within 30 days of a violation of sections 404.4, 404.4.1, 404.4.2, 404.4.3, 404.4.4, 404.4.5, Table 404.5, 404.5.1, 404.5.2, and/or 404.6 of the Housing Code. "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. Sleeping areas shall comply with Section 404.4." "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." Section 404.6, entitled "Efficiency unit," is reads as follows: "404.6 Efficiency Unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m 2 ). A unit occupied by not more than two occupants shall have a minimum clear floor area of 170 square feet (15.7 m 2 ). A unit occupied by not more than three occupants shall have a minimum clear floor area of 220 square feet (20.4 m 2 ). These required areas shall be exclusive of the areas required by Items 2 and 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. The maximum number of occupants shall be three." Section 404.7.1 is added to read as follows: "404.7.1 Cooking facilities. Every dwelling unit shall contain cooking facilities for the purpose of preparation of food, and such facilities shall be properly installed and operated and kept in a clean and sanitary condition." Section 404.7.2 is added to read as follows: "404.7.2 Refrigerator for food preservation. Every dwelling unit shall contain a refrigeration unit adequate for the temporary preservation of perishable foods. Such unit shall be capable of maintaining an average temperature below forty-five (45) degrees Fahrenheit. All installations and repairs shall be made in accordance with the provisions of the Building Code, Plumbing Code, Electrical Code, and any other appropriate laws or regulations. The occupant of the dwelling unit shall keep all supplied refrigeration units in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation." Section 404.7.3 is added to read as follows: "404.7.3 Cooking equipment. All cooking equipment, components, and accessories shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards. Portable cooking equipment employing flame is prohibited for indoor use. The occupant of the dwelling unit shall keep all supplies and cooking equipment in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation."

Section 502.3, entitled "Hotels," is deleted in its entirety. Section 502.4, entitled "Employees' facilities," is deleted in its entirety. Section 502.4.1, entitled "Drinking facilities," is deleted in its entirety.

Section 503.2 is amended to read as follows: "503.2 Location. Toilet rooms and bathrooms serving rooming units or dormitory units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway." Section 503.3, entitled "Location of employee toilet facilities," is deleted in its entirety.

Section 505.4 is amended to read as follows: "505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained, and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower, and laundry facility at a temperature of not less than 120 degrees Fahrenheit. However, fixtures equipped with scald prevention valves shall be installed and adjusted to deliver water at a temperature of not more than 110 degrees Fahrenheit. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom, or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters."

Section 602.2 is amended to read as follows: "602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of seventy (70) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this Section." Section 602.3 is amended to read as follows: "602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one (1) or more dwelling unit, rooming unit, dormitory, or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a temperature of not less than seventy (70) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms. Exception: 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 for the locality shall be as indicated in Appendix D of the International Plumbing Code." Section 602.4, entitled "Occupiable work spaces," is deleted in its entirety.

Chapter 8, entitled "Referenced Standards," is deleted in its entirety.