§ 35-5-205. WAIVER OF REQUIREMENTS.

(a)

Authority of Code Official to grant a waiver. The Code Official may waive the requirements of any part of this subtitle for a unit of rental housing on application of the property owner if:

(1)

Adequate notice, in a form and manner specified by the Department, is afforded the tenant of the unit;

(2)

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

(3)

The waiver will not threaten the health or safety of a tenant.

(b)

Length of waiver.

(1)

A waiver granted by the Code Official shall continue in full force and effect beyond the term of the lease of the current tenant.

(2)

The property owner shall notify a prospective tenant applying for a lease of the unit of rental housing, that the unit has been granted a waiver from a provision of the code, and that the tenant's occupancy will be subject to the waiver.

(c)

Applicability of state law. A waiver granted under this section does not supersede state fire, elevator, or boiler laws.

(1988 Code, § 18-71) (Bill No. 46-96, § 3, 1-1-1997; Bill No. 25-01, § 2, 7-1-2004)