Md. Code, Business Regulation, Title 3

Md. Code, Business Regulation, Title 3
in effect

Md. Code, Business Regulation § 3-101

(a) In this title the following words have the meanings indicated. (b) (1) “Amusement attraction” means: (i) an amusement ride; or (ii) a structure that gives amusement, excitement, pleasure, or thrills to people who move around, over, or through the structure without the aid of a moving device integral to the structure. (2) “Amusement attraction” does not include a structure that is devoted principally to exhibitions related to agriculture, the arts, education, industry, religion, or science. (c) “Amusement owner” means a person, the State, or a political subdivision of the State that owns an amusement attraction or, if the amusement attraction is leased, the lessee. (d) “Amusement park” means an area that is used principally for 1 or more permanently erected amusement attractions. (e) “Amusement ride” means a device that is intended to give amusement, excitement, pleasure, or thrills to passengers whom the device carries: (1) along or around a fixed or restricted course; or (2) within a defined area. (f) “Carnival” means an itinerant enterprise that consists principally of 1 or more temporarily located amusement attractions. (g) “Commissioner” means the Commissioner of Labor and Industry. (h) “Fair” means an enterprise that: (1) is devoted principally to periodic exhibitions related to agriculture, the arts, education, industry, religion, or science; and (2) has 1 or more amusement attractions operated along with the exhibitions. (i) “Inflatable amusement attraction” means an air–supported amusement attraction that: (1) incorporates a structural and mechanical system; and (2) uses a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure.

Md. Code, Business Regulation § 3-102

(a) The General Assembly finds that: (1) an unsafe amusement attraction is likely to cause serious and preventable injuries to members of the public; and (2) for the welfare of the people of the State, these injuries must be prevented and the public must be protected from unsafe amusement attractions. (b) The purpose of this title is to ensure, as far as possible, the safety of the public in the use of amusement attractions at carnivals, fairs, and amusement parks in the State by providing for: (1) adoption of safety regulations; (2) an effective enforcement and compliance program; and (3) reporting procedures on the safety of amusement attractions that: (i) help to achieve the purpose of this title; and (ii) describe accurately the hazards of amusement attractions.

Md. Code, Business Regulation § 3-103

(a) This title does not apply to a single-passenger, coin-activated amusement ride that is electrically, manually, or mechanically operated unless admission is charged for access to the place where the amusement ride is located. (b) This title does not repeal or modify § 21–1111 (“Medicine or patent medicine shows”) or § 21–1212 (“Violation of § 21–1111”) of the Health – General Article. (c) This title does not prevent the licensing of carnivals, fairs, or amusement attractions by the State or a political subdivision of the State. (d) This title does not repeal or modify the Maryland Occupational Safety and Health Act.

Md. Code, Business Regulation § 3-201

(a) The Commissioner shall administer and enforce this title. (b) (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering and enforcing this title. (2) The Workers’ Compensation Commission shall pay the cost of administering and enforcing this title from money that the Commission receives under § 9-316 of the Labor and Employment Article.

Md. Code, Business Regulation § 3-203

(a) The Commissioner may make an agreement with a municipal corporation or political subdivision of the State or unit of the State government to delegate the power of inspection. (b) If a political subdivision satisfies the Commissioner that the political subdivision can make the inspections required under this title, the Commissioner shall make an agreement with the political subdivision to delegate the power of inspection. (c) (1) The Commissioner may retain the right to monitor an inspection by a municipal corporation or political subdivision of the State or unit of the State government. (2) The Commissioner may revoke the agreement.

Md. Code, Business Regulation § 3-204

(a) The Commissioner may administer oaths, depose witnesses, and certify to official acts. (b) The Commissioner may issue subpoenas for the attendance of witnesses to testify or to produce evidence. (c) In addition to any duties set forth elsewhere, the Commissioner shall establish procedures necessary for reporting and keeping records to carry out the duties of the Commissioner under this title.

Md. Code, Business Regulation § 3-205

(a) Whenever an individual who is authorized to inspect property in the State under this title is denied access to the property after making a proper request for access of the owner, tenant, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant. (b) The application shall: (1) state the nature, purpose, and scope of the inspection; and (2) show that: (i) the applicant: 1. is authorized by law to make the inspection; and 2. made a proper request for access at a reasonable time; (ii) access was denied; and (iii) the inspection is for a purpose related to safety or health. (c) An application may not be submitted to the District Court unless approved by the Attorney General. (d) On application in accordance with this section, the District Court may issue an administrative search warrant.

Md. Code, Business Regulation § 3-206

(a) A person who is adversely affected or aggrieved by an order passed or regulation adopted by the Commissioner under this title may appeal to a court of competent jurisdiction in accordance with the Maryland Rules. (b) (1) The filing of an appeal does not stay an order or regulation of the Commissioner. (2) However, after giving the Commissioner notice and an opportunity for a hearing, the court in which the appeal is pending may stay an order or regulation of the Commissioner on the conditions that the court considers proper. (3) The conditions may include a requirement to post security. (c) A court shall hear the appeal promptly. (d) A regulation that the Commissioner adopts under this subtitle: (1) is prima facie lawful and reasonable; and (2) may not be held invalid because of a technical defect, if there is substantial compliance with this title.

Md. Code, Business Regulation § 3-207

(a) The Commissioner may bring an action in a court of competent jurisdiction to enforce an order passed or regulation adopted under this subtitle. (b) Subject to § 3-302 of the State Finance and Procurement Article, on request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit to enforce a decision or order of the Commissioner under this title. (c) A court shall hear the action promptly. (d) A regulation that the Commissioner adopts under this subtitle: (1) is prima facie lawful and reasonable; and (2) may not be held invalid because of a technical defect, if there is substantial compliance with this title.

Md. Code, Business Regulation § 3-302

In addition to any duties set forth elsewhere, the Commissioner shall adopt safety regulations for the maintenance and operation of amusement attractions.

Md. Code, Business Regulation § 3-304

(a) (1) The Board consists of 9 members appointed by the Governor with the advice and consent of the Senate. (2) Of the 9 members of the Board: (i) 1 shall be a mechanical engineer; (ii) 1 shall represent owners of carnivals; (iii) 1 shall represent the State Fair and the county fairs; (iv) 1 shall represent amusement ride rental operators; (v) 2 shall represent owners of amusement parks; and (vi) 3 shall be consumer members. (3) In choosing the members of the Board, the Governor shall make every effort to ensure that each region of the State is represented. (4) The composition of the Board as to the race and gender of its members shall reflect the composition of the population of the State. (b) Each consumer member of the Board shall be a member of the general public. (c) (1) The term of a member is 4 years and begins on July 1. (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1992. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) (1) The Governor may remove a member for incompetence or misconduct. (2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board. (3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public. (4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

Md. Code, Business Regulation § 3-306

(a) The Board shall set the times and places of its hearings and meetings. (b) Each member of the Board is entitled to: (1) compensation in accordance with the State budget; and (2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Business Regulation § 3-307

The Board shall advise and consult with the Commissioner on reasonable regulations to prevent conditions that are detrimental to the public in their use of amusement attractions.

Md. Code, Business Regulation § 3-308

(a) The Board shall recommend to the Commissioner any regulation that it finds necessary for the protection and safety of the public. (b) The Commissioner may make recommendations to the Board on regulations.

Md. Code, Business Regulation § 3-309

(a) The Board shall base its recommendations for regulations on information that: (1) the Commissioner develops or otherwise has available; or (2) an interested person submits to the Board at a public hearing under this section. (b) (1) The Board shall hold the public hearings needed to carry out its responsibilities under this subtitle. (2) At least 15 days before a hearing, the Commissioner shall publish notice of the hearing in the Maryland Register.

Md. Code, Business Regulation § 3-310

The Board shall submit to the Commissioner, with each recommendation for a regulation, a report that: (1) explains the need for the regulation; and (2) summarizes the information available to the Board, including: (i) testimony that was presented at any public hearing; and (ii) technical information.

Md. Code, Business Regulation § 3-311

If, after receiving a recommendation from the Board for a regulation, the Commissioner decides to adopt the regulation, the Commissioner shall publish notice of the proposed adoption in the Maryland Register.

Md. Code, Business Regulation § 3-312

The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner finds that the delay is needed to ensure that each manufacturer, operator, or amusement owner of an amusement attraction affected by the regulation knows about and has an opportunity to familiarize employees with the requirements of the regulation.

Md. Code, Business Regulation § 3-313

(a) The Commissioner shall: (1) compile a set of current regulations adopted under this subtitle; (2) keep a set of the regulations in the Office of the Commissioner; and (3) make a copy of the regulations for anyone who asks for one. (b) The Commissioner may set a fee to cover the cost of making and mailing a copy of the current regulations.

Md. Code, Business Regulation § 3-314

(a) An amusement owner affected by a regulation adopted under this subtitle may apply in writing to the Commissioner for a variance from the regulation. (b) The Commissioner may grant a variance from a regulation adopted under this subtitle if: (1) the variance is necessary to prevent undue hardship; or (2) an existing condition makes compliance with the regulation impracticable and the Commissioner believes that the reasonable safety of the public can be ensured.

Md. Code, Business Regulation § 3-315

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, §§ 3–301 and 3–303 through 3–311 of this subtitle shall terminate on July 1, 2027.

Md. Code, Business Regulation § 3-401

(a) An amusement attraction may not operate unless the amusement owner has purchased insurance for the amusement attraction in accordance with this subtitle. (b) Except for testing and inspection, an amusement attraction may not be operated unless the Commissioner has issued a certificate of inspection for the amusement attraction.

Md. Code, Business Regulation § 3-402

(a) The Commissioner shall inspect: (1) annually, each amusement attraction at an amusement park; (2) annually, each inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground; (3) except for an inflatable amusement attraction, each amusement attraction, if moved, before it begins operation at another location; and (4) each new or modified amusement attraction before it begins public operation. (b) (1) An amusement owner shall notify the Commissioner before operating an amusement attraction that is new, modified, or reconstructed. (2) An owner or lessee of a carnival or fair shall: (i) notify the Commissioner in writing at least 30 days before opening the carnival or fair at each location; and (ii) give the Commissioner immediate notice of a change in the schedule of locations or dates if the schedule changes after notification. (c) The Commissioner shall issue to an amusement owner a certificate of inspection for each amusement attraction at a carnival, fair, or amusement park if: (1) after inspection the Commissioner finds that the amusement attraction complies with this title and the regulations adopted under it; and (2) the amusement owner submits to the Commissioner a certificate of insurance for the amusement attraction as required by § 3–403 of this subtitle. (d) (1) A certificate of inspection for an amusement attraction at an amusement park expires not more than 1 year after the date of issuance. (2) A certificate of inspection for an amusement attraction at a fair or carnival expires not more than 30 days after the date of issuance. (3) A certificate of inspection for an inflatable amusement attraction in which, while in contact with the attraction, an individual is 4 feet or more above the ground expires not more than 1 year after the date of issuance. (e) The certificate of inspection shall be posted in plain view on the amusement attraction. (f) On information or notification of an accident or complaint that involves an amusement attraction, the Commissioner shall investigate the accident or complaint and inspect the amusement attraction.

Md. Code, Business Regulation § 3-403

(a) (1) An amusement owner shall obtain insurance against liability for injury to an individual that arises out of the use of an amusement attraction. (2) The insurance shall be in the amount of at least: (i) $350,000 for an amusement ride that operates by mechanical means; or (ii) $200,000 for: 1. an amusement ride that operates only by human power or gravity, including a water slide or water flume; or 2. any other amusement attraction. (b) An amusement owner shall obtain insurance from an insurer or surety that is acceptable to the State Insurance Commissioner. (c) (1) A county where an amusement attraction is located may buy, on behalf of a nonprofit organization, the amount of insurance required under this section for the amusement attraction. (2) A county that merely buys insurance for an amusement owner is immune from liability under § 5–516 of the Courts and Judicial Proceedings Article. (d) (1) This subsection applies to a nonprofit community service corporation that: (i) is incorporated under Maryland law; (ii) is authorized to collect charges or assessments by a covenant running with the land; and (iii) has gross annual revenues of at least $15,000,000. (2) A nonprofit community service corporation complies with the insurance requirements of this section for an amusement attraction that the corporation owns and operates if the corporation is self–insured for at least $1,000,000 against liability for injury that arises out of the use of the amusement attraction: (i) under regulations that the State Insurance Commissioner adopts; or (ii) until the State Insurance Commissioner adopts regulations, with the approval of the State Insurance Commissioner, if the corporation is authorized by a covenant running with the land to collect a payment or charge based on the value of real property. (3) A nonprofit community service corporation that elects to self–insure shall submit periodically in writing to the State Insurance Commissioner the conditions of self–insurance. (4) The conditions of self–insurance must: (i) be approved by the State Insurance Commissioner; and (ii) conform with the conditions of comprehensive liability insurance policies available in the private market.

Md. Code, Business Regulation § 3-404

(a) Each amusement owner who operates an amusement attraction in the State shall: (1) keep and make available to the Commissioner records about the activities of the amusement owner under this title; and (2) keep accurate records of, and submit periodic reports to the Commissioner on, injuries to the public that occur during use of amusement attractions other than injuries that: (i) are minor; (ii) require only first-aid treatment; and (iii) do not involve medical treatment or loss of consciousness. (b) Whenever a death or serious physical injury results from the operation of an amusement attraction: (1) the person who directly controls the operation of the amusement attraction immediately shall close the amusement attraction until it has been inspected by the Commissioner; (2) the amusement owner shall report the incident orally or in writing to the Commissioner within 24 hours; and (3) the Commissioner shall inspect the amusement attraction within 24 hours after receiving notice of the incident.

Md. Code, Business Regulation § 3-405

(a) The Commissioner may prohibit use of an amusement attraction if, after an inspection or investigation, the Commissioner finds that: (1) the amusement attraction violates a regulation adopted under this title; and (2) there is a substantial probability of death or serious physical injury from continued use of the amusement attraction. (b) To prohibit use of an amusement attraction, the Commissioner shall give an amusement owner written notice that prohibits use of the amusement attraction. (c) (1) The Commissioner shall post a copy of the notice on the amusement attraction. (2) Only the Commissioner may remove the copy of the notice. (d) The amusement attraction may not be operated until it is made safe for public use and each required safeguard is provided. (e) (1) A person who is aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules. (2) (i) The filing of an appeal does not stay the decision of the Commissioner. (ii) However, after giving the Commissioner notice and an opportunity for a hearing, the court in which the appeal is pending may stay the decision of the Commissioner on conditions that the court considers proper. (iii) The conditions may include a requirement to post security.

Md. Code, Business Regulation § 3-406

(a) In this section, “workday” means a day that is not a Saturday, a Sunday, or a State holiday. (b) If, after an inspection or investigation, the Commissioner finds that, within the immediately preceding 6 months, an amusement owner has violated this title or an order passed or regulation adopted under this title, the Commissioner promptly shall issue a citation to the amusement owner. (c) Each citation shall: (1) describe, in detail, the nature of the alleged violation; (2) cite the provision of this title, order, or regulation that the amusement owner is alleged to have violated; and (3) set a reasonable time for correction of the alleged violation. (d) Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the amusement owner a notice that: (1) states the proposed civil penalty, if any, that the Commissioner intends to impose under this title; and (2) informs the amusement owner of the right to a hearing under this section. (e) In accordance with any regulation that the Commissioner adopts under this title, an amusement owner who receives a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges that a violation occurred. (f) Within 15 workdays after an amusement owner receives a notice under subsection (d) of this section, the amusement owner may submit to the Commissioner a written request for a hearing on the citation or proposed civil penalty. (g) Unless an amusement owner requests a hearing as provided in this section, a citation and a notice of a proposed civil penalty are final orders. (h) After an opportunity for a hearing under this section, the Commissioner may pass an order that affirms or modifies a requirement of a citation for correction of a violation if the amusement owner shows that the amusement owner: (1) has made a good faith effort to comply with the requirement; but (2) has not complied because of a factor beyond the reasonable control of the amusement owner. (i) An amusement owner shall correct each violation for which the Commissioner issues a citation within the time set for correction in a final order under this subtitle. (j) If the Commissioner has reason to believe that an amusement owner has failed to correct a violation in a timely manner, the Commissioner shall send by certified mail to the amusement owner a notice that: (1) states that the amusement owner has failed to correct the violation; (2) states the proposed civil penalty, if any, that the Commissioner intends to impose under this title for the failure; and (3) informs the amusement owner that, within 15 workdays after receipt of the notice, the amusement owner may submit to the Commissioner a written request for a hearing on the failure to correct the violation or proposed civil penalty. (k) Unless an amusement owner requests a hearing as provided in this section, the notice, including any proposed civil penalty, is a final order. (l) (1) Whenever the Commissioner receives a request for a hearing made in accordance with this section, the Commissioner shall hold a hearing. (2) To the extent practicable, the hearing shall be held within 30 days after receipt of the request. (m) The Commissioner shall give notice and hold the hearing under this section in accordance with Title 10, Subtitle 2 of the State Government Article. (n) (1) If a hearing examiner or other officer is appointed to hold a hearing under this section, the officer shall prepare a record that includes testimony. (2) The officer shall submit a report to the Commissioner and send a copy of the report to any amusement owner affected by the report. (3) The report becomes final unless, within 10 workdays after the report, the amusement owner submits a written request for a review of the proceeding by the Commissioner. (4) After a review of a proceeding under this subsection, with or without a hearing, the Commissioner shall pass an order based on findings of fact. The order shall affirm, modify, or vacate the citation or proposed civil penalty or direct other appropriate relief. (5) An order of the Commissioner under paragraph (4) of this subsection is final 15 days after passage of the order.

Md. Code, Business Regulation § 3-501

(a) A person may not knowingly make a false representation or false statement in an application, plan, record, report, or other document that the person submits or is required to keep under this title. (b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both.

Md. Code, Business Regulation § 3-502

If an amusement owner willfully violates this title or an order passed or regulation adopted under this title and a member of the public dies as a result of the violation, the amusement owner is guilty of a misdemeanor and, on conviction, is subject to: (1) for a first offense, a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both; or (2) for a subsequent offense, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

Md. Code, Business Regulation § 3-503

(a) (1) In this section the following words have the meanings indicated. (2) “Bungee jump” means jumping or falling by an individual from a height while attached to a rope or cord that is elastic, rubber, or latex. (3) “Bungee jumping operation” means an operation that allows an individual to bungee jump for a fee or dues. (b) A person may not conduct a bungee jumping operation. (c) A person who violates subsection (b) of this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both.

Md. Code, Business Regulation § 3-504

(a) The Commissioner shall impose a civil penalty for a violation of this title only: (1) in accordance with this section; and (2) after issuing a citation under § 3-406 of this title for the violation. (b) The Commissioner may impose a civil penalty, not exceeding $500 for each violation, against an amusement owner who: (1) violates this title or an order passed or regulation adopted under this title, if the Commissioner finds that the violation is not serious; or (2) violates a requirement for posting imposed under this title. (c) The Commissioner may impose a civil penalty, not exceeding $500 for each day a violation continues, against an amusement owner who fails to correct the violation in the time set for its correction. (d) The Commissioner may impose a civil penalty, not exceeding $1,000 for each violation, against an amusement owner who violates this title or an order passed or regulation adopted under this title if a substantial probability of death or serious physical injury exists because of the violation, unless the amusement owner did not know and with reasonable diligence could not have known of the violation. (e) The Commissioner may impose a civil penalty, not exceeding $2,000 for each violation, against a person who: (1) operates an amusement attraction without a certificate of inspection from the Commissioner; or (2) willfully or repeatedly violates this title or an order passed or regulation adopted under this title. (f) Before the Commissioner imposes a civil penalty, the Commissioner shall consider the appropriateness of the penalty in relation to: (1) the size of the business of the amusement owner against whom the penalty is to be imposed; (2) the gravity of the violation for which the penalty is to be imposed; (3) the good faith of the amusement owner; and (4) any previous violations by the amusement owner. (g) Each civil penalty shall be paid into the General Fund of the State.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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