Md. Code Regs. 05.04.02.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.04.02.03 - General Acceptability Criteria

A. Local Codes and Regulations .

(1) These guidelines, while setting forth basic objectives and provisions specifically related to rehabilitation, may not be construed as relieving the property owner, project sponsor, or their builder of his responsibility for compliance with local ordinances, codes, and regulations, including established requirements of a health officer or other authority having jurisdiction.

(2) When a local code, regulation, or requirement exists, it shall apply unless a political subdivision chooses to use these standards.

B. Service and Facilities.

(1) Utilities shall be provided for each property or project.

(2) Although the normal condition is for independent utilities for each property, a concentration and combining of utilities may be acceptable when a project of a number of properties has the same sponsor or is under a single mortgage.

C. Access.

(1) Access to the Building. Walks and steps shall be provided for all weather access to the building, and constructed to provide safety, reasonable durability, and economy of maintenance.

(2) Access to Each Living Unit. Access to each living unit shall be provided without passing through any other living unit.

D. Real Estate Entity. The land offered as security for an insured mortgage normally will comprise a single plot.

E. Determining the Number of Living Units.

(1) Each dwelling or portions of a dwelling providing complete living facilities for one family shall be counted as a living unit.

(2) A room or group of rooms containing complete living facilities, such as an apartment of a janitor or caretaker, shall be counted as a separate living unit.

F. Partial Non-residential Use.

(1) A space or feature included in the property from which income is anticipated apart from the rental of living units is termed non-residential or commercial use.

(2) Non-residential use shall be of a character which is compatible with the residential character of the property or project. The extent of non-residential use shall be determined by the proper local authority.

G. Dilapidated or Blighted Structures. All dilapidated portions of existing properties or blighted structures which are not economically repairable shall be removed (see Regulation .05G for exterior appurtenances).

H. Site Conditions.

(1) The property should not be subject to hazards such as objectionable smoke, noxious odors, unusual noise, or the probability of flooding.

(2) Essential community facilities and services, such as employment centers, shopping centers, schools, recreation areas, and police and fire protection, should be reasonably accessible to the site or group of sites making up the project.

I. Physically Handicapped. Any improvement necessary to accommodate the physically handicapped shall be considered a standard requirement of the Program, the cost of which shall be computed as a code cost item.

Md. Code Regs. 05.04.02.03