WILLIAM DONALD SCHAEFER, Governor                   Ch. 311

(i) Basic equipment and facilities used for
light, ventilation, heat, and sanitation; and

(ii) Safe and sanitary maintenance of
residential structures and premises.

(b)  The livability code shall apply to residential
structures used for human habitation except:

(1)  Owner-occupied housing units;

(2)  Any housing located in a political subdivision
that has adopted a local housing code containing provisions that
substantially conform with the provisions of the statewide
livability code; or

(3)  Any housing exempted by the Department.

(c)  (1) Enforcement of the minimum livability code shall be
the responsibility of the political subdivision in which the
housing is located.

(2)  A political subdivision may waive applicability
of the minimum livability code to a unit of rental housing on
application of the property owner if:

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

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

(iii) The waiver would not threaten the health
or safety of any tenant.

(3)  A political subdivision may waive applicability
of the minimum livability code if the waiver is granted on the
basis of the religious practices of the occupant of the unit of
rental housing.

(4)  The Department shall decide questions of
interpretation of the minimum livability code including questions
relating to uniform enforcement by political subdivisions and may
authorize any waiver or exemption under the code.

(d)  (1) The Department is authorized to provide matching
grants and technical assistance to political subdivisions to
implement the minimum livability code. The Secretary may waive
the matching requirement in circumstances where adequate local
resources are not available.

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