In this section the following words have the meanings indicated. “Department” means the Maryland Department of Labor. “Industrialized building” has the meaning stated in § 12–301 of this title. The General Assembly finds that: the potential benefits of new materials and techniques for building construction are not readily available to the State partly because existing building codes preclude their use; and several subdivisions in the State have no building codes of any type to protect the public against unsafe, unsound, or unsanitary buildings in their communities and this measure of protection should be provided to these communities. The Department may adopt a Model Performance Code for building construction in the State. The Model Performance Code for building construction is not binding in a subdivision of the State unless the subdivision specifically adopts it. The Model Performance Code for building construction shall cover elements appropriate to ensure safe and sound construction, including plumbing, structure, and electrical systems. Any part of the Model Performance Code that relates to structure shall incorporate by reference the Maryland Building Performance Standards established under Subtitle 5 of this title. Except as provided in subparagraph (ii) of this paragraph, any part of the Model Performance Code that relates to plumbing shall be consistent with the State Plumbing Code currently in effect under the Maryland Plumbing Act. Subparagraph (i) of this paragraph does not apply to industrialized buildings. The Model Performance Code shall also include elements that promote the efficient utilization of energy resources. The Model Performance Code shall be framed in terms of the purposes for which building codes are enacted instead of the specifications of materials and methods required to achieve the goals. The Department shall adopt regulations to establish standards for industrialized buildings. After public hearing, the Department shall adopt regulations to prohibit a jurisdiction in which the Model Performance Code is applicable from altering or modifying the Model Performance Code without the approval of the Department. The Department shall provide an appeal procedure for challenges to the interpretation or application of the Model Performance Code. The Department shall: consult regularly with local officials to review the application and effectiveness of the Model Performance Code in each jurisdiction; and review recommendations from local officials for changes, modifications, or exceptions to increase the effectiveness and usefulness of the Model Performance Code in those jurisdictions. The Department shall train and certify building code enforcement officials in each jurisdiction where the Model Performance Code is in effect. The Department may not unreasonably withhold approval of requests for special provisions in the Model Performance Code to meet local conditions.

In this section the following words have the meanings indicated. “Department” means the Maryland Department of Labor. “Historic property” means a qualified historic building or facility that is: listed or eligible for listing in the National Register of Historic Places; or designated as historic under State or local law. The Department shall adopt by regulation a State building code to make buildings and facilities accessible and usable by individuals with physical disabilities to the extent feasible. The regulations shall be developed in conjunction with: the Maryland Department of Disabilities; the Maryland Rehabilitation Association; and the Maryland Society of Architects. The Maryland Accessibility Code shall be enforced by local jurisdictions or any other governmental units with authority over buildings or facilities. The Department: shall decide questions of interpretation of the Maryland Accessibility Code; and may authorize waivers or exemptions under the Maryland Accessibility Code. In addition to any other penalty for a violation of the Maryland Accessibility Code, the Department shall investigate to determine if a violation exists. If the Department determines that a violation of the Maryland Accessibility Code exists, the Department may resolve any issue related to the violation by mediation and conciliation. In addition, the Department may bring an action for equitable or other appropriate relief in a court in the jurisdiction in which the violation occurred, including an action to enjoin the construction, renovation, or occupancy of a building or facility that violates the Maryland Accessibility Code. Notwithstanding paragraph (2) of this subsection, the Department may not seek an injunction until 5 working days after the Department has sought to resolve the violation through mediation and conciliation. The Attorney General may prosecute civil cases that arise under this section that are referred to the Attorney General by the Department. The Department shall cooperate with and provide technical assistance to the Commission on Civil Rights concerning an action brought by the Commission on Civil Rights to enforce § 20–705 or § 20–706 of the State Government Article. This section does not limit the authority of the Commission on Civil Rights to enforce §§ 20–705 and 20–706 of the State Government Article. A person may not willfully violate the Maryland Accessibility Code. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 3 months or a fine not exceeding $500 for each day the violation exists or both. A penalty imposed under this subsection is in addition to and not a substitute for any other penalty imposed under federal, State, or local law. This subsection does not apply to an aggrieved individual who has an existing private right of action against a housing authority to enforce accessibility requirements under: Section 504 of the federal Rehabilitation Act of 1973; or the federal Americans with Disabilities Act of 1990. Subject to paragraph (3) of this subsection, an occupant, a dependent of an occupant, or a prospective tenant who otherwise meets the requirements for tenancy may commence a civil action in the District Court or circuit court to obtain relief for a violation of the Maryland Accessibility Code with regard to a building of four or more dwelling units that: is subject to the Maryland Accessibility Code; but is not a historic property. At least 30 days before filing a complaint under this subsection, an occupant, a dependent of an occupant, or a prospective tenant who otherwise meets the requirements for tenancy shall provide written notice to the property manager, landlord, or rental agent that: states that the occupant, dependent of an occupant, or prospective tenant who otherwise meets the requirements for tenancy needs accessibility; identifies the location of the multifamily building that is alleged to be noncompliant; and states that the owner of the multifamily building has 30 days from the date of the notice to make arrangements to bring the multifamily building into compliance. In an action brought under this subsection, if the court finds that a violation of the Maryland Accessibility Code has occurred, the court may: grant relief as the court considers appropriate, including injunctive relief; award the prevailing party reasonable attorney’s fees and costs; and award the prevailing party actual damages.

In this section the following words have the meanings indicated. “Department” means the Maryland Department of Labor. “Multifamily dwelling” means a property containing two or more dwelling units, including: an apartment house; a boarding house; a convent; a dormitory; a fraternity or sorority house; a hotel or motel; a monastery; and a vacation time–share property. “Multifamily dwelling” does not include: a condominium, as defined in § 11–101 of the Real Property Article; or a cooperative housing corporation, as defined in § 5–6B–01 of the Corporations and Associations Article. “Professional inspector” means: a professional engineer licensed under Title 14 of the Business Occupations and Professions Article and experienced in the practice of structural engineering; an architect licensed under Title 3 of the Business Occupations and Professions Article and knowledgeable in the design, construction, and inspection of buildings; or for purposes of the inspection of a multifamily dwelling containing more than 10 dwelling units, a qualified person with at least 5 years of experience in multifamily dwelling operations, upkeep, and maintenance. Each political subdivision shall adopt by regulation a local housing code that sets minimum property maintenance standards for housing in the subdivision. The Department shall adopt by regulation a Minimum Livability Code. Except as provided in paragraph (2) of this subsection, the Minimum Livability Code applies to residential structures used for human habitation. The Minimum Livability Code does not apply to: an owner–occupied housing unit; any housing in a political subdivision that has adopted a local housing code that substantially conforms to the Minimum Livability Code; or any housing exempted by the Department. The Minimum Livability Code shall: set minimum property standards for housing in the State; allow for exceptions and variations between political subdivisions: to reflect geographic differences; or if the Department determines that unique local conditions justify exceptions or variations recommended by political subdivisions; and include minimum standards for: basic equipment and facilities used for light, ventilation, heat, and sanitation; and safe and sanitary maintenance of residential structures and premises. The political subdivision in which the housing is located shall enforce the Minimum Livability Code. Unless alternative housing is provided, an individual may not be displaced by enforcement of the Minimum Livability Code. This paragraph does not apply in Baltimore City. A political subdivision shall require an inspection of each multifamily dwelling in the political subdivision in which a unit in the multifamily dwelling has balcony railings that are primarily constructed of wood at least once every 5 years, beginning no later than 10 years after the balcony is constructed, to ensure that the balcony railings meet the requirements of the applicable local housing code or the Minimum Livability Code. A political subdivision may: conduct inspections required under subparagraph (ii) of this paragraph; authorize a third party to conduct inspections required under subparagraph (ii) of this paragraph on behalf of the political subdivision; or require an inspection required under subparagraph (ii) of this paragraph to be conducted and certified to the political subdivision by a professional inspector hired by the owner of the multifamily dwelling. A certification made by a professional inspector under subparagraph (iii)3 of this paragraph shall: be made in the form required by the applicable political subdivision; and include: a statement that the balcony railings have been inspected; the name of the owner of the multifamily dwelling; the address of the multifamily dwelling; the name of the inspector; the date the multifamily dwelling was inspected; the results of the inspection; and any other information required by the political subdivision. A political subdivision shall: provide notice to the owner of a multifamily dwelling at least 10 days before any inspection of the dwelling conducted under subparagraph (iii)1 or 2 of this paragraph; or notify the owner of a multifamily dwelling of the need to have a professional inspector complete an inspection under subparagraph (iii)3 of this paragraph; and allow the owner of the multifamily dwelling a reasonable period of time to have the inspection completed. A political subdivision that otherwise inspects multifamily dwelling units at least once every 5 years may include the inspection required under subparagraph (ii) of this paragraph as part of that inspection. In this paragraph, “multiple–family dwelling” has the meaning stated in Article 13, § 5–1 of the Baltimore City Code. This paragraph applies only in Baltimore City. Baltimore City may not issue or renew a multiple–family dwelling license unless the applicant demonstrates that a professional inspector has completed an inspection of the multiple–family dwelling to ensure that each balcony railing in the multiple–family dwelling meets the requirements of the Building, Fire, and Related Codes of Baltimore City. Beginning in October 2015, and every 5 years thereafter, at the time that Baltimore City sends a renewal notice to a holder of a multiple–family dwelling license, Baltimore City shall notify the license holder of the inspection requirement under subparagraph (iii) of this paragraph. A political subdivision may charge a property owner a fee for: an inspection made to enforce the Minimum Livability Code; and a periodic inspection made under paragraph (3) or (4) of this subsection. In this paragraph, “dwelling unit” means a building or part of a building that provides living or sleeping facilities for one or more individuals. “Dwelling unit” includes a one or two family dwelling. This paragraph applies only in the code home rule counties of the Southern Maryland class, as identified in § 9–302 of the Local Government Article. A code home rule county of the Southern Maryland class may: require a property owner of a dwelling unit or a multifamily dwelling located in the county to register the dwelling with the county in order to offer units for lease; charge a fee on a property owner for registering a dwelling unit or a multifamily dwelling with the county; conduct inspections of a dwelling unit or a multifamily dwelling that is registered with the county to enforce minimum property maintenance standards; and impose a fine on a property owner under this paragraph that leases a unit in a multifamily dwelling or a dwelling unit that: is not registered with the county; or is in violation of the inspection criteria established by the county. A code home rule county of the Southern Maryland class may adopt regulations relating to the registration of dwelling units or multifamily dwellings under this paragraph. On application of the property owner, a political subdivision may waive the applicability of the Minimum Livability Code to a unit of rental housing if: each tenant of the unit is given adequate notice in the form and manner specified by the political subdivision; each tenant is given an opportunity to comment on the application in writing or in person; and the waiver would not threaten the health or safety of any tenant. 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 tenant of a unit of rental housing. The Department: shall decide questions of interpretation of the Minimum Livability Code, including questions that relate to uniform enforcement by political subdivisions; and may authorize waivers or exemptions under the Minimum Livability Code. The Department may provide matching grants and technical assistance to political subdivisions to implement the Minimum Livability Code. The matching grants shall be allocated using a formula developed by the Department to take into account population and other relevant factors. The Department may waive the requirement of a match if adequate local money is not available. A property owner may not willfully violate the Minimum Livability Code. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 3 months or a fine not exceeding $500 for each day the violation exists or both. A penalty imposed under this subsection is in addition to and not a substitute for any other penalty authorized under federal, State, or local law.

In this section the following words have the meanings indicated. “ASHRAE” means the American Society of Heating, Refrigerating, and Air Conditioning Engineers. “Guidelines” means the guidelines for recommended illumination levels in existing public buildings. “Public building” means a building owned by the State, a county, or municipal corporation or a unit of the State, a county, or municipal corporation. This section applies to each public building that is 10,000 or more square feet in area per floor. In conjunction with the Department of Natural Resources, the Maryland Department of Labor shall develop guidelines for recommended illumination levels in existing public buildings in the State 6 months after ASHRAE 100 standards are adopted. After approval by the Joint Committee on Administrative, Executive, and Legislative Review, the guidelines shall be published in the Maryland Register and other appropriate media to: encourage use of the guidelines; and provide standards in accordance with which owners, operators, or both of existing public buildings, including local governments, the Department of General Services, and other governmental units that manage State buildings, may target their energy conservation effort with regard to illumination. In conjunction with the Department of Natural Resources, the Maryland Department of Labor shall provide training to local jurisdictions on the application of the guidelines. The training may include a program developed by a federal agency or a contract agent. The Department of Natural Resources shall assist local jurisdictions to: determine the cost–benefit impacts of implementing the guidelines; and perform audits of specific buildings or installations to determine lighting performance characteristics and the savings possible through implementing the guidelines. There is an advisory commission on energy conservation in buildings. The commission consists of 15 members appointed by the Secretary of Labor. The members shall be broadly representative, including representatives from: State and local code enforcement agencies; architectural and engineering professions; public utilities; the construction industry; legislative bodies of local government; and the public. A member of the commission: may not receive compensation for service on the commission; but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

In this section the following words have the meanings indicated. “Electric vehicle” means a vehicle that uses electricity for propulsion. “Electric vehicle supply equipment” means a device or facility for delivering electricity to an electric vehicle. “EV–ready parking space” means a parking space that has electrical panel capacity and full circuit installation of a minimum 40–ampere, 208/240–volt circuit, raceway wiring, a NEMA 14–50R receptacle, and circuit overcurrent protection devices. “EVSE–installed parking space” means a parking space with electric vehicle supply equipment that is fully installed from the electrical panel to the parking space. “Housing units” means: single–family detached houses; duplexes; and town houses that are subject to the provisions of the International Residential Code. “Housing units” does not include multifamily residential buildings that are subject to the provisions of the International Building Code. “Level 2 charging” means that the charging capability of the electric vehicle supply equipment: includes the ability to charge a battery or any other energy storage device in an electric vehicle through means of an alternating current electrical service with a minimum of 208 volts; and meets applicable industry safety standards. “Vehicle” has the meaning stated in § 11–176 of the Transportation Article. This subsection applies to the construction of housing units that include a separate garage, carport, or driveway for each residential unit. The construction of a new housing unit shall include in or on the garage, carport, or driveway: one EVSE–installed parking space capable of providing at least Level 2 charging; or one EV–ready parking space. Notwithstanding any other law, a county or municipal corporation may require the construction of housing units to include a greater number of EVSE–installed parking spaces or EV–ready parking spaces than are required under subsection (b) of this section.

This section applies to any building that uses fuel gas piping systems not subject to Title 49, Part 192 of the Code of Federal Regulations. Non–arc–resistant jacketed corrugated stainless steel tubing may not be used in: the new construction of a customer–owned natural gas or liquefied propane piping system in a building; a natural gas or liquefied propane piping system in a renovated property if the renovation affects more than 50% of the total square footage of the property; or a natural gas or liquefied propane piping system that requires the addition of a new gas line to the gas piping system. A person who violates this section is subject to a civil penalty not exceeding $1,000.