§ 5-7. Prerequisites for new or renewal license – Inspection.

(a) In general.

The inspection required by § 5-6 {"Prerequisites ... – In general"} of this subtitle must comply with either:

(1) subsection (b) {"Third-party home inspections"} of this section; or

(2) subsection (c) {"Governmental agency inspections"} of this section.

(b) Third-party home inspections.

(1) Definitions.

(i) In general.

In this subsection, the following terms have the meanings indicated.

(ii) Home inspection.

"Home inspection" means a home inspector's written evaluation of a rental dwelling's compliance with the City's health and safety standards specified in the Housing Commissioner's rules and regulations adopted under this subtitle.

(iii) Home inspector.

"Home inspector" means an individual:

(A) who is licensed as a home inspector under Title 16, Subtitle 3A of the State Business Occupation and Professions Article; and

(B) who, as required by the rules and regulations adopted under this subtitle:

1. has registered with the Housing Commissioner as generally available to inspect and certify rental dwellings under this subsection;

2. has, as specified by the rules and regulations adopted under this subtitle, submitted to the Commissioner a conflict-of-interest statement; and

3. for each home inspection to be performed under this subsection, certifies that neither the home inspector nor any owner, partner, director, officer, employee, or agent of the home inspector or of the home inspector's business has any financial interest in:

a. the rental dwelling to be inspected;

b. the owner or operator of that rental dwelling; or

c. any owner, partner, director, officer, employee, or agent of the rental dwelling's owner or operator.

(2) Applicant to contract for timely inspection.

(i) Before applying for a rental dwelling license or renewal license, the applicant must, at the applicant's expense, contract with a home inspector to perform a home inspection under this section.

(ii) The inspection must be performed as follows:

(A) for a multiple-family dwelling, not more than 90 days before a completed application for a license or renewal license is submitted to the Housing Commissioner; and

(B) for a 1- or 2-family dwelling, not more than 30 days before a completed application for a license or renewal license is submitted to the Housing Commissioner.

(3) Number of units to be inspected.

(i) For any rental dwelling that comprises 9 or fewer dwelling or rooming units, all dwelling and rooming units must be inspected under this subsection.

(ii) For any multiple-family dwelling or rooming house that comprises 10 or more dwelling or rooming units, the number of units that must be inspected are as determined in the rules and regulations adopted under this subtitle.

(4) Inspector's reports and certification.

(i) After the home inspection, the home inspector must issue to the applicant:

(A) a written report of every inspection conducted under this section; and

(B) if the rental dwelling meets the City's health and safety standards specified in the rules and regulations adopted under this subtitle, a certificate of satisfactory compliance with those standards.

(ii) The reports and the certification must be:

(A) in the form required by the Commissioner; and

(B) signed by the home inspector, under oath and under the home inspector's seal.

(1) Scope of subsection.

This subsection applies to any rental dwelling unit that is required to undergo periodic inspections conducted by a governmental agency in accordance with Federal or State inspection standards.

(2) Required evidence of compliance with most recent inspection.

For a rental dwelling unit described in paragraph (1) of this subsection, the applicant for a license or renewal license may, in lieu of the requirements of subsection (b) {"Third-party home inspections"} of this section, submit evidence satisfactory to the Housing Commissioner that the unit has passed the most recent periodic inspection by the applicable governmental agency.

(d) Commissioner to audit inspections.

As prescribed by the rules and regulations adopted under this subtitle, the Housing Commissioner must conduct an annual audit of inspections conducted under this section.

(e) Commissioner's inspection authority not affected.

This section does not in any way prevent or limit the authority of the Housing Commissioner to conduct routine, spot, quality-control, or other inspections of rental dwellings under the City Building, Fire, and Related Codes Article.