The Code Official may, on the basis of the religious practices of the
occupant or other valid reason, waive application of this code, in whole or
in part, to a unit of rental housing if:
A.
The property owner files a written application justifying
the need for the waiver;
B.
Adequate notice of the application is afforded to the
tenant of the unit;
C.
The tenant is afforded an opportunity to comment on the
application either in writing or in person; and
D.
The waiver would not threaten the health or safety of
a tenant.
Any waiver granted under this Article shall be automatically terminated
after a period of time not exceeding three years. The property owner may request
renewal of the waiver by filing a new application justifying the need. If
at any time the Code Official determines that the conditions justifying the
waiver have changed, or that a continuance of the waiver will threaten the
health or safety of a tenant, then the Code Official may terminate the waiver
in whole or in part.
The Code Official shall decide questions of interpretation of this code.
Enforcement and waiver applications are not intended to supersede any
state laws pursuant to the Annotated Code of Maryland as follows:
The Code Official has the authority to require and approve any alterations
or repairs necessary to bring a structure or premises into compliance with
this code. The determination of what may be necessary to bring the premises
into compliance shall take into consideration the use of alternatives and
equivalent approaches as provided for in this code.
The Code Official shall have the authority to approve changes in alterations
or repairs in the field when conditions are encountered which make the originally
approved work impractical, if the changes can be readily determined to be
in compliance with this code. The Code Official shall require the property
owner to fully document the approved changes and their justification.
The Code Official shall have the sole authority to determine the frequency
of inspections necessary for the proper enforcement of this code. However,
upon receipt of a valid complaint, the Code Official shall conduct an inspection
as soon as is practical. A valid complaint is one received from an identified
person, a public service agency, or an authorized town official which, in
the judgment of the Code Official, provides sufficient information to indicate
a probable violation of this code.
The Code Official is authorized to enter a structure or premises at
any reasonable time upon providing reasonable notice to the property owner
and tenant, for the purpose of making inspections and performing duties under
this code. The Code Official shall disclose his credentials for the purpose
of entering a structure or premises.
No person shall in any way interfere with or inhibit entry and free
access to any part of the structure or premises by the Code Official while
performing duties under this code. The Code Official may seek, in a court
of competent jurisdiction, an order to cease and desist from the interference.
A tenant of a structure or premises shall give the property owner or
operator, or agent or employee, access to any part of the structure or its
premises at reasonable times upon being given reasonable notice for the purpose
of making the inspection, maintenance, repairs or alterations as are necessary
to comply with the provisions of this code.
The Code Official shall, to the extent practical, coordinate inspection
of a premises and the issuance of orders with any other interested governmental
official or agency.
