2994

COUNTY LOCAL LAWS

COUNCIL BILL NO. 62

AN ACT to enact Section 13. 106 of the Howard County
Code, "Housing and Urban Renewal," subtitle
"Condominiums," providing that no apartment units
may be converted into condominiums without the
issuance of a Certificate of Use and Occupancy by
the Department of Public Works, also providing
that condominiums must meet certain firewall
construction specifications, and further
establishing a per unit fee for the issuance of a
Certificate of Use and Occupancy for
condominiums.

WHEREAS, Article 11-A of the Maryland State
Constitution gives "Charter" Counties the power to
pass such ordinances "as may be deemed expedient in
maintaining the peace, good government, health and
welfare of the County"; and

WHEREAS, Article 21 of the Public General Laws of
Maryland, known as the "Horizontal Property Act,"
creates a procedure for the establishment of
"condominiums" and permits owners of existing
residential structures to change the legal status from
"apartments" to "condominiums"; and

WHEREAS, An artificial distinction exists in the
present construction standards, in that certain
amendments to the BOCA Basic Building Code require a
masonry fire wall and party wall continuous from the
foundation to the roof where the property will be
owned in separate units, but not requiring the masonry
fire wall to the roof in the case of apartment
projects.

SECTION 1. BE IT ENACTED BY THE COUNTY COUNCIL
OF HOWARD COUNTY, that a new Section 13.106 be and is
hereby added to the Howard County Code title 13
"Housing and Urban Renewal" immediately after Section
13-105, and to read as follows:

13.106 CONDOMINIUMS - ESTABLISHED FROM
PRE-EXISTING APARTMENTS

(A) 1) FOR THE PURPOSE OF THIS SECTION, THE
WORD "CONDOMINIUM" MEANS THE OWNERSHIP OF SINGLE UNITS