Ch. 5

2003 LAWS OF MARYLAND

(C)     MINIMUM LIVABILITY CODE REQUIRED.

THE DEPARTMENT SHALL ADOPT BY REGULATION A MINIMUM LIVABILITY
CODE.

(D)     APPLICABILITY OF MINIMUM LIVABILITY CODE.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
MINIMUM LIVABILITY CODE APPLIES TO RESIDENTIAL STRUCTURES USED FOR
HUMAN HABITATION.

(2)      THE MINIMUM LIABILITY CODE DOES NOT APPLY TO:

(I)      AN OWNER-OCCUPIED HOUSING UNIT;

(II)     ANY HOUSING IN A POLITICAL SUBDIVISION THAT HAS
ADOPTED A LOCAL HOUSING CODE THAT SUBSTANTIALLY CONFORMS TO THE
MINIMUM LIVABILITY CODE; OR

(III)   ANY HOUSING EXEMPTED BY THE DEPARTMENT.

(E)     CONTENTS OF MINIMUM LIVABILITY CODE.
THE MINIMUM LIABILITY CODE SHALL:

(1)      SET MINIMUM PROPERTY STANDARDS FOR HOUSING IN THE STATE;

(2)      ALLOW FOR EXCEPTIONS AND VARIATIONS BETWEEN POLITICAL
SUBDIVISIONS:

(I)      TO REFLECT GEOGRAPHIC DIFFERENCES; OR

(II)     IF THE DEPARTMENT DETERMINES THAT UNIQUE LOCAL
CONDITIONS JUSTIFY EXCEPTIONS OR VARIATIONS RECOMMENDED BY POLITICAL
SUBDIVISIONS; AND

(3)      INCLUDE MINIMUM STANDARDS FOR:

(I)      BASIC EQUIPMENT AND FACILITIES USED FOR LIGHT,
VENTILATION, HEAT, AND SANITATION; AND

(II)     SAFE AND SANITARY MAINTENANCE OF RESIDENTIAL
STRUCTURES AND PREMISES.

(F)     ENFORCEMENT.

(1)      THE POLITICAL SUBDIVISION IN WHICH THE HOUSING IS LOCATED
SHALL ENFORCE THE MINIMUM LIVABILITY CODE.

(2)      UNLESS ALTERNATIVE HOUSING IS PROVIDED, AN INDIVIDUAL MAY
NOT BE DISPLACED BY ENFORCEMENT OF THE MINIMUM LIVABILITY CODE.

(3)      A POLITICAL SUBDIVISION MAY CHARGE A PROPERTY OWNER A FEE
FOR AN INSPECTION MADE TO ENFORCE THE MINIMUM LIVABILITY CODE.

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