Baltimore City Council
File #: 23-0425    Version: 0 Name: Improving Safety and Habitability in Supportive and Other Residential Housing
Type: Ordinance Status: Enacted
File created: 9/18/2023 In control: Baltimore City Council
On agenda: Final action: 1/17/2024
Enactment #: 24-298
Title: Improving Safety and Habitability in Supportive and Other Residential Housing For the purpose of defining the term “supportive housing facility” in the Baltimore City Building Code; requiring a permit before any person may transfer ownership or operation of certain property in certain circumstances; updating use and occupancy classifications; and categorizing congregate living facilities as rental dwellings and requiring their licensing.
Sponsors: Administration City Council, Odette Ramos
Indexes: Housing, Residential, Safety, Support
Attachments: 1. 23-0425~1st Reader, 2. Law 23-0425, 3. BDC 23-0425, 4. BMZA 23-0425, 5. #23-0425 - Planning Commission, 6. DHCD 23-0425, 7. DOT 23-0425, 8. #23-0425 - Planning Commission, 9. PABC 23-0425, 10. 23-0425 Supportive Housing Ramos Testimony 12.23, 11. 23-0425Hearing Packet, 12. Voting Record 23-0425, 13. EDC Hearing Notes 23-0425 12-25-23, 14. 2nd Reader Amendments 23-0425(1)~1st (ECD), 15. 23-0425~3rd Reader.pdf, 16. 23-0425 Signed, 17. 23-0425 Completed Ordinance 24-298
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
1/22/20240 Mayor Signed by Mayor  Action details Meeting details Not available
12/18/20230 Baltimore City Council Approved and Sent to the Mayor  Action details Meeting details Not available
12/7/20230 Baltimore City Council 3rd Reader, for final passage  Action details Meeting details Not available
12/7/20230 Economic and Community Development Recommended Favorably with Amendment  Action details Meeting details Not available
12/5/20230 Economic and Community Development Recommended FavorablyPass Action details Meeting details Not available
10/16/20230 Economic and Community Development Scheduled for a Public Hearing  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to Parking Authority Board  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to Planning Commission  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to Board of Municipal and Zoning Appeals  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to Dept. of Housing and Community Development  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to Baltimore Development Corporation  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to Dept. of Transportation  Action details Meeting details Not available
9/21/20230 Baltimore City Council Refer to City Solicitor  Action details Meeting details Not available
9/18/20230 Baltimore City Council Assigned  Action details Meeting details Not available
9/18/20230 Baltimore City Council Introduced  Action details Meeting details Not available

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: The Council President

At the request of: The Administration (Department of Housing and Community Development)

                                                                                                                                                            

 

                     A Bill Entitled

 

An Ordinance concerning

title

Improving Safety and Habitability in Supportive and Other Residential Housing

For the purpose of defining the term “supportive housing facility” in the Baltimore City Building Code; requiring a permit before any person may transfer ownership or operation of certain property in certain circumstances; updating use and occupancy classifications; and categorizing congregate living facilities as rental dwellings and requiring their licensing.

body

 

By repealing, and reordaining, with amendments

Article - Building, Fire, and Related Codes

Sections 2-103 (IBC §§ 105.1, and 202.2.54 through 202.2.58)

Baltimore City Revised Code

(2020 Edition)

 

By adding

Article - Building, Fire, and Related Codes

Sections 2-103 (IBC §§ 202.2.56, 202.2.57, and 310.5)

Baltimore City Revised Code

(2020 Edition)

 

By repealing, and reordaining, with amendments

Article 13 - Housing and Urban Renewal

Section 5-1(g)

Baltimore City Code

(Edition 2000)

 

By adding

Article 13 - Housing and Urban Renewal

Section 5-1(j)

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 Revised Code

                     Article - Building, Fire, and Related Codes

 

                     Part II.  International Building Code

 

§ 2-103.                     City modifications.

 

The additions, deletions, amendments, and other modifications adopted by the City are as follows:

 

                     Chapter 1

                     Scope and Administration

 

Section 105                     Permits

 

105.1 Required.  A permit issued by the Building Official is required before any person may do any of the following work:

 

. . .

 

7.                     on transfer of ownership or operation of property, continue any of the following uses [, as defined in City Code Article 32 {“Zoning”}]:

 

a.                     banquet hall (as defined in Baltimore City Zoning Code § 1-303(c) {“Banquet hall. ”}),

 

b.                      body art establishment (as defined in Baltimore City Zoning Code § 1-303(j) {“Body art establishment. ”}),

 

c.                     carry-out food shop (as defined in Baltimore City Zoning Code § 1-303(t) {“Carry-out food shop. ”}),

 

d.                     congregate living facilities (as defined in § 202.1 of the Baltimore City Building Code),

 

e. [d.]                     day-care center: adult or child (as defined in Baltimore City Zoning Code §§ 1-304(z) and 1-305(a) {“Day-care center: Child. ” and “Day-care center: Adult”}),

 

f. [e.]                     drive-through facility (as defined in Baltimore City Zoning Code § 1-305(h) {“Drive-through facility. ”}),

 

g. [f.]                     entertainment: [live or ] indoor or live (as defined in Baltimore City Zoning Code §§ 1-306(b) and 1-306(c) {“Entertainment: Indoor. ” and “Entertainment: Live”}),

 

h. [g.]                     [gas] fuel station (as defined in Baltimore City Zoning Code § 1-306(t) {“Fuel station. ”}),

 

i. [h.]                      health-care clinic (as defined in Baltimore City Zoning Code § 1-307(f) {“Health-care clinic. ”}),,

 

j. [i.]                     lodge or social club (as defined in Baltimore City Zoning Code § 1-308(q) {“Lodge or social club. ”}),

 

k. [j.]                     lounge (as defined in Baltimore City Zoning Code § 1-309(h-1) {“Lounge. ”}),

 

l. [k.]                      pawn shop (as defined in Baltimore City Zoning Code § 1-311(l) {“Pawn shop. ”}),

 

m. [l.]                     personal services establishment (as defined in Baltimore City Zoning Code § 1-311(o) {“Personal services establishment. ”}),

 

n.                     residential-care facility (as defined in Baltimore City Zoning Code § 1-312(p) {“Residential-care facility”})                                                                                    

 

o. [m.]                     restaurant (as defined in Baltimore City Zoning Code § 1-312(s) {“Restaurant. ”}),

 

p. [n.]                     retail goods establishment - with our without alcoholic beverage sales (as defined in Baltimore City Zoning Code § 1-312(u) {“Retail goods establishment.”}), [or]

 

q.                     rooming house (as defined in Baltimore City Zoning Code § 1-313(b) {“Rooming house. ”}),

 

r.                     supportive housing facility (as defined in § 202.2.56 of this Code), or

 

s. [o.]                     tavern (as defined in Baltimore City Zoning Code § 1-314(a) {“Tavern. ”}).

 

 

                     Chapter 2

                      Definitions; Rules of Construction

 

Section 202                     Definitions

 

202.2  Supplemental definitions. Notwithstanding any different definition in the International Building Code, the following terms have the meanings given in this § 202.2.

 

. . .

 

[202.2.54  Transfer.  Transfer, when used with respect to property subject to this Code, has the meaning stated in § 114.23 {Responsibility of transferee”}.]

 

202.2.54 [202.2.55]  Substantial damage.  Substantial damage has the meaning stated in City Code Article 7 {Natural Resources”}, § 1-3 {Definitions - Floodproofing to Wet floodproofing”}.

 

202.2.55 [202.2.56Substantial improvementSubstantial improvement has the meaning stated in City Code Article 7 {Natural Resources”}, § 1-3 {Definitions - Floodproofing to Wet floodproofing”}.

 

202.2.56  Supportive housing facility.  Supportive housing facility means a non-institutional, shared living environment which integrates shelter, service, and support needs of socially isolated persons who are otherwise in good health, can maintain a semi-independent lifestyle, and do not require constant supervision or intensive health care as provided by an institution.

 

202.2.57  Transfer.  Transfer, when used with respect to property subject to this Code, has the meaning stated in § 114.23 {Responsibility of transferee”}.

 

202.2.58 [202.2.57]  Use.  Use means, unless the context indicates otherwise:

 

1.                     the purpose for which a building, structure, or land is used, occupied, or intended to be used or occupied, and

 

2.                     any activity, occupation, business, or operation carried out on land or in a building or structure.

 

202.2.59 [202.2.58 Zoning Code.  Zoning Code means the Baltimore City Zoning Code, including the accompanying Zoning District Maps.

 

 

                     Chapter 3

                     Use and Occupancy Classification

 

Sections 301 to 309 {As in IBC}

 

Section 310  Residential Group R

 

. . .

 

310.5  Residential Group R-4.  Residential Group R-4 occupancy shall include buildings, structures, or portions thereof for more than 5 but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. Residential Group R-4 shall also include all supportive housing facilities.  Buildings of Residential Group R-4 shall be classified as one of the occupancy conditions specified in § 310.5.1 or § 310.5.2 of this subsection.  This group shall include, but not be limited to, the following:

 

1.  alcohol and drug centers,

 

2.  assisted living facilities,

 

3.  congregate care facilities,

 

4.  group homes,

 

5.  halfway houses,

 

6.  residential board and care facilities,

 

7.  social rehabilitation facilities, and

 

8.  supportive housing facilities.

 

310.5.1  Condition 1.  This occupancy condition shall include buildings in which all persons receiving custodial care, without any assistance, are capable of completing building evacuation in response to an emergency situation.

 

310.5.2  Condition 2.  This occupancy condition shall include buildings in which there are any persons receiving custodial care who require limited verbal or physical assistance to complete building evacuation in response to an emergency situation.

 

 

                       Baltimore City Code

 

                     Article 13.  Housing and Urban Renewal

 

                     Subtitle 5.  Licensing of Rental Dwellings

 

§ 5-1.  Definitions.

 

. . .

 

(g)                     Rental dwelling.

 

“Rental dwelling” means:

 

(1) any multiple-family dwelling;

 

(2)                     any rooming house; [and]

 

(3)                     any supportive housing facility; and

 

(4)                     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.

. . .

 

(j)                     Supportive housing facility.

 

“Supportive housing facility” has the meaning stated in § 202.2.56 of the Baltimore City Building Code.

 

Section 2.  And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.