Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmember Burnett
A Bill Entitled
An Ordinance concerning
title
Rental Dwellings - Mold Inspection and Remediation
For the purpose of requiring a rental dwelling to be inspected for mold prior to the issuance or renewal of a certain license; defining certain terms; providing for a special effective date; establishing certain penalties; and generally relating to rental dwellings and mold inspection and remediation.
body
By repealing and re-ordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Sections 40-14(e)(1)
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 13 - Housing and Urban Renewal
Sections 5-1 and 5-6
Baltimore City Code
(Edition 2000)
By adding
Article 13 - Housing and Urban Renewal
Sections 5-10
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 13. Housing and Urban Renewal
Subtitle 5. Licensing of Rental Dwellings
§ 5-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Dampness.
“Dampness” means abnormal moisture in the interior of a rental dwelling, including:
(1) excessive humidity levels;
(2) lingering condensation;
(3) leaking liquid;
(4) water damage; and
(5) a musty or moldy odor.
(c) [(b)] Dwelling unit.
“Dwelling unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
(d) [(c)] Housing Commissioner; Commissioner.
“Housing Commissioner” or “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee.
(e) Mold.
(1) In general.
“Mold” means a form of multicellular fungi that:
(i) lives on plant or animal matter; or
(ii) lives in an indoor environment.
(2) Mold - inclusions.
“Mold” includes:
(i) Alternaria;
(ii) Aspergillus;
(iii) Cladosporium;
(iv) Fusarium;
(v) Memnoniella;
(vi) Mucor;
(vii) Penicillium;
(viii) Stachybotrys chartarum; and
(ix) Trichoderma.
(f) Mold assessment.
“Mold assessment” means:
(1) an inspection, an investigation, or a survey of a dwelling unit to provide information to the owner or tenant regarding the presence, identification, or evaluation of mold; and
(2) the development of a mold management plan.
(g) Mold hazard.
“Mold hazard” means an environmental condition that leads to:
(i) an allergic reaction;
(ii) asthma symptoms;
(iii) exacerbation of asthma;
(iv) other respiratory complaints; or
(v) another adverse human health effect associated with mold exposure.
(h) Mold management plan.
“Mold management plan” means a document produced by the Department of Housing and Community Development that identifies and explains:
(1) the recommended steps a tenant may take to help prevent potential for moisture and mold;
(2) the required steps for a mold assessment; and
(3) mold remediation.
(i) Mold remediation.
“Mold remediation” means:
(1) removing, cleaning, sanitizing, demolishing, or any other action performed to address a mold hazard, mold, or dampness;
(2) abatement of the underlying cause of a mold hazard, mold, or dampness, including fixing any moisture leaks.
(j) [(d)] Multiple-family dwelling.
“Multiple-family dwelling” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
(k) [(e)] Non-owner-occupied dwelling unit.
“Non-owner-occupied dwelling unit” has the meaning stated in § 4-1 of this article.
(l) [(f)] Person.
(1) In general.
“Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article.
(2) Qualified inclusion of governmental entities.
Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 5-21 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity.
(m) [(g)] Rental dwelling.
“Rental dwelling” means:
(1) any multiple-family dwelling;
(2) any rooming house; and
(3) any non-owner-occupied dwelling unit in a 1- or 2-family dwelling that is leased or rented or offered or available for lease or rental in exchange for any form of consideration.
(n) [(h)] Rooming house.
“Rooming house” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
(o) [(i)] Rooming unit.
“Rooming unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City.
§ 5-6. Prerequisites for new or renewal license - In general.
A rental dwelling license may be issued or renewed under this subtitle only if:
(1) all dwelling units and rooming units are currently registered as required by Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures”} of this article;
(2) all registration fees for these units and all related interest and late fees required by Subtitle 4 have been paid;
(3) the premises have passed [an inspection] a third-party home or governmental agency inspection, as required by § 5-7 {“Prerequisites ... - Inspection”} of this subtitle;
(4) the premises have passed an assessment for mold, as required by § 5-10 {“Mold assessment and remediation”} of this subtitle;
(5) [(4)] the premises are in compliance with all Federal, State, and City laws and
regulations governing lead paint;
(6) [(5)] for premises that include a hotel or motel subject to City Code Article 15
{“Licensing and Regulation”}, Subtitle 10 {“Hotels”}, the hotel or motel is in compliance with the training, certification, and posting requirements of that subtitle; and
(7) [(6)] the premises are not subject to any violation notice or order that:
(i) has been issued under the Baltimore City Building, Fire, and Related Codes Article; and
(ii) notwithstanding the passage of more than 90 days since its issuance, has not been abated before the license issuance or renewal.
§ 5-10. Mold assessment and remediation.
(a) In general.
The mold assessment required by § 5-6 {“Prerequisites ... - In general”} of this subtitle shall comply with either:
(1) subsection (b) {“Third-party mold assessment”} of this section; or
(2) subsection (c) {“Governmental agency inspections”} of this section.
(b) Third-party mold assessment.
(1) Applicant to contract for timely assessment.
(i) Before applying for a rental dwelling license or renewal license, the applicant must, at the applicant’s expense, contract with a home inspector to perform a mold assessment.
(ii) The applicant shall choose between 2 home inspectors randomly selected by the Department.
(iii) The home inspector shall:
(A) meet the criteria specified in § 5-7(b)(1)(iii) {“Prerequisites for
new or renewal license - Inspection”} of this subtitle; and
(B) be a Council for Engineering and Scientific Specialty Boards
Certified Residential Mold Inspector.
(iv) The assessment must be performed not more than 30 days before a
completed application for a license or renewal license is submitted to
the Commissioner
(2) Number of units to be assessed.
For a multiple-family dwelling or rooming house, the number of units that must be inspected shall be determined in the rules and regulations adopted under this subtitle.
(3) Unit assessment to be at inspector’s discretion.
The home inspector must select the units to be assessed at random.
(4) Inspector’s report and certification.
(i) After conducting the mold assessment, the home inspector shall issue to the applicant:
(A) a written report detailing the results of the mold assessment;
and
(B) if the rental dwelling meets the City’s health and safety
standards for dampness, mold, and mold hazards specified in the
rules and regulations adopted under this subtitle, a certificate
of satisfactory compliance with those standards.
(ii) The report and the certification must:
(A) be in the form required by the Commissioner; and
(B) be signed by the home inspector, under oath and under the home
inspector’s seal.
(c) Governmental agency inspections.
(1) Scope of subsection.
This subsection applies to any rental dwelling unit that is required to undergo periodic mold assessments conducted by a governmental agency in accordance with Federal or State inspection standards.
(2) Required evidence of compliance with most recent inspection.
For a rental dwelling unit described in paragraph (1) of this subsection, the applicant for a license or renewal license may, in lieu of the requirements of subsection (b) {“Third-party home inspections”} of this section, submit evidence satisfactory to the Commissioner that the unit has passed the most recent periodic mold assessment by the applicable governmental agency.
(d) Remediation summary.
If an application for a rental dwelling license was previously denied due to dampness, mold, or mold hazards, upon filing a new application for a rental dwelling license, the applicant must submit a summary of all mold remediation that has occurred since the previous denial.
(e) Commissioner to audit inspections.
As prescribed by the rules and regulations adopted under this subtitle, the Commissioner shall conduct an annual audit of at least 5% of all assessments conducted under this section.
(f) Commissioner’s inspection authority not affected.
This section does not in any way prevent or limit the authority of the Commissioner to conduct routine, spot, quality-control, or other inspections of rental dwellings under the City Building, Fire, and Related Codes Article.
(g) Mold management plan.
If a licensed rental dwelling previously required mold abatement, the licensee shall:
(1) provide to the tenant a copy of the standard mold management plan developed by the Department; and
(2) obtain signed documentation from the tenant that the tenant has received a copy of the mold management plan.
(h) Rules and regulations.
Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Commissioner shall adopt rules and regulations to carry out this subsection, including developing a standard mold management plan to be distributed to tenants.
(i) Enforcement by citation.
(1) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this subsection may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}.
(2) Process not exclusive.
The issuance of a citation to enforce this subsection does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
(3) Each day a separate offense.
Each day that a violation occurs is a separate offense.
Article 13. Housing and Urban Renewal
Subtitle 40. Environmental Control Board
§ 40-14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(1) Article 13. Housing and Urban Renewal
. . .
Subtitle 5. Licensing of Rental Dwellings
§ 5-4. License required $1,000
§ 5-10. Mold assessment and remediation $1,000
§ 5-15. {Offenses there listed as cause for}
Denial, suspension, or revocation of license $750
All other provisions $500
. . .
Section 2. And be it further ordained, That this Ordinance takes effect on the 180th day after the date it is enacted.