Md. Code Regs. 09.12.54.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.54.05 - Code Enforcement

A. Local Enforcement. It shall be the duty and responsibility of the local political subdivision in which the housing is located to enforce the provisions of the Code.

B. Local Waiver.

(1) A local political subdivision may waive applicability of the Code, in whole or part, to a unit of rental housing on application of the property owner if:

(a) Adequate notice in a form and manner specified by the subdivision is afforded a tenant of the unit;

(b) The tenant is afforded an opportunity to comment on the application either in writing or in person; and

(c) The waiver would not threaten the health or safety of a tenant.

(2) A local political subdivision may waive applicability of the Code if the waiver is granted on the basis of the religious practices of the occupant of the unit of rental housing.

C. Departmental Authority. The Department shall decide questions of interpretation of the Code, including questions relating to uniform enforcement by political subdivisions, and may authorize any waiver or exemption requested by a local political subdivision.

D. Departmental Waiver. Upon the written request of a local political subdivision, the Department may waive or vary particular provisions of the Code to the extent that the waiver is not inconsistent with the Act if:

(1) Geographic differences or unique local conditions justify the waiver;

(2) The waiver would not threaten the health or safety of any tenant; and

(3) The application of the particular provision to the local political subdivision would be inequitable or contrary to the purposes of the Act.

E. Displacement. A person may not be displaced by enforcement of the Minimum Livability Code unless alternate housing of comparable affordability is available within a reasonable distance of the vacated premises.

F. Enforcement and waiver application are not intended to supersede any State laws pursuant to the Annotated Code of Maryland as follows:

(1) State fire laws, Public Safety Article, Annotated Code of Maryland;

(2) State elevator laws, Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland; and

(3) State boiler laws, Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland.

Md. Code Regs. 09.12.54.05

Regulation .05 recodified from 05.02.03.05 effective 46:6 Md. R. 345, eff. 3/25/2019