Md. Code, Public Safety, Title 12

in effect

Md. Code, Public Safety § 12-101

(a) This section applies only to inspections under § 12-909 and Subtitle 8, Part II of this title. (b) An inspector of the Division of Labor and Industry may apply to the District Court for an administrative search warrant under this section if the inspector: (1) is authorized or required by law to inspect property in the State; and (2) is denied access to the property after making a proper request for access of the owner, lessee, or other person in charge of the property. (c) A judge may issue an administrative search warrant under this section if the application: (1) specifies the nature, scope, and purpose of the inspection; and (2) shows that: (i) the applicant is authorized or required by law to inspect the property; (ii) the applicant was denied access to the property after making a proper request for access at a reasonable time; (iii) the application is approved by the Attorney General; and (iv) the inspection is sought for safety or health related purposes.

Md. Code, Public Safety § 12-201

(a) (1) In this section the following words have the meanings indicated. (2) “Department” means the Maryland Department of Labor. (3) “Industrialized building” has the meaning stated in § 12–301 of this title. (b) The General Assembly finds that: (1) 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 (2) 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. (c) The Department may adopt a Model Performance Code for building construction in the State. (d) The Model Performance Code for building construction is not binding in a subdivision of the State unless the subdivision specifically adopts it. (e) (1) The Model Performance Code for building construction shall cover elements appropriate to ensure safe and sound construction, including plumbing, structure, and electrical systems. (2) 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. (3) (i) 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. (ii) Subparagraph (i) of this paragraph does not apply to industrialized buildings. (4) The Model Performance Code shall also include elements that promote the efficient utilization of energy resources. (5) 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. (f) (1) The Department shall adopt regulations to establish standards for industrialized buildings. (2) 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. (3) The Department shall provide an appeal procedure for challenges to the interpretation or application of the Model Performance Code. (4) The Department shall: (i) consult regularly with local officials to review the application and effectiveness of the Model Performance Code in each jurisdiction; and (ii) review recommendations from local officials for changes, modifications, or exceptions to increase the effectiveness and usefulness of the Model Performance Code in those jurisdictions. (5) The Department shall train and certify building code enforcement officials in each jurisdiction where the Model Performance Code is in effect. (g) The Department may not unreasonably withhold approval of requests for special provisions in the Model Performance Code to meet local conditions.

Md. Code, Public Safety § 12-202

(a) (1) In this section the following words have the meanings indicated. (2) “Department” means the Maryland Department of Labor. (3) “Historic property” means a qualified historic building or facility that is: (i) listed or eligible for listing in the National Register of Historic Places; or (ii) designated as historic under State or local law. (b) (1) 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. (2) The regulations shall be developed in conjunction with: (i) the Maryland Department of Disabilities; (ii) the Maryland Rehabilitation Association; and (iii) the Maryland Society of Architects. (c) The Maryland Accessibility Code shall be enforced by local jurisdictions or any other governmental units with authority over buildings or facilities. (d) The Department: (1) shall decide questions of interpretation of the Maryland Accessibility Code; and (2) may authorize waivers or exemptions under the Maryland Accessibility Code. (e) In addition to any other penalty for a violation of the Maryland Accessibility Code, the Department shall investigate to determine if a violation exists. (f) (1) 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. (2) 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. (3) 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. (g) The Attorney General may prosecute civil cases that arise under this section that are referred to the Attorney General by the Department. (h) (1) 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. (2) 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. (i) (1) A person may not willfully violate the Maryland Accessibility Code. (2) 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. (3) 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. (j) (1) 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: (i) Section 504 of the federal Rehabilitation Act of 1973; or (ii) the federal Americans with Disabilities Act of 1990. (2) 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: (i) is subject to the Maryland Accessibility Code; but (ii) is not a historic property. (3) 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: (i) states that the occupant, dependent of an occupant, or prospective tenant who otherwise meets the requirements for tenancy needs accessibility; (ii) identifies the location of the multifamily building that is alleged to be noncompliant; and (iii) 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. (4) In an action brought under this subsection, if the court finds that a violation of the Maryland Accessibility Code has occurred, the court may: (i) grant relief as the court considers appropriate, including injunctive relief; (ii) award the prevailing party reasonable attorney’s fees and costs; and (iii) award the prevailing party actual damages.

Md. Code, Public Safety § 12-203

(a) (1) In this section the following words have the meanings indicated. (2) “Department” means the Maryland Department of Labor. (3) (i) “Multifamily dwelling” means a property containing two or more dwelling units, including: 1. an apartment house; 2. a boarding house; 3. a convent; 4. a dormitory; 5. a fraternity or sorority house; 6. a hotel or motel; 7. a monastery; and 8. a vacation time–share property. (ii) “Multifamily dwelling” does not include: 1. a condominium, as defined in § 11–101 of the Real Property Article; or 2. a cooperative housing corporation, as defined in § 5–6B–01 of the Corporations and Associations Article. (4) “Professional inspector” means: (i) a professional engineer licensed under Title 14 of the Business Occupations and Professions Article and experienced in the practice of structural engineering; (ii) an architect licensed under Title 3 of the Business Occupations and Professions Article and knowledgeable in the design, construction, and inspection of buildings; or (iii) 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. (b) Each political subdivision shall adopt by regulation a local housing code that sets minimum property maintenance standards for housing in the subdivision. (c) The Department shall adopt by regulation a Minimum Livability Code. (d) (1) Except as provided in paragraph (2) of this subsection, the Minimum Livability Code applies to residential structures used for human habitation. (2) The Minimum Livability Code does not apply to: (i) an owner–occupied housing unit; (ii) any housing in a political subdivision that has adopted a local housing code that substantially conforms to the Minimum Livability Code; or (iii) any housing exempted by the Department. (e) The Minimum Livability Code shall: (1) set minimum property standards for housing in the State; (2) allow for exceptions and variations between political subdivisions: (i) to reflect geographic differences; or (ii) if the Department determines that unique local conditions justify exceptions or variations recommended by political subdivisions; and (3) include minimum standards for: (i) basic equipment and facilities used for light, ventilation, heat, and sanitation; and (ii) safe and sanitary maintenance of residential structures and premises. (f) (1) The political subdivision in which the housing is located shall enforce the Minimum Livability Code. (2) Unless alternative housing is provided, an individual may not be displaced by enforcement of the Minimum Livability Code. (3) (i) This paragraph does not apply in Baltimore City. (ii) 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. (iii) A political subdivision may: 1. conduct inspections required under subparagraph (ii) of this paragraph; 2. authorize a third party to conduct inspections required under subparagraph (ii) of this paragraph on behalf of the political subdivision; or 3. 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. (iv) A certification made by a professional inspector under subparagraph (iii)3 of this paragraph shall: 1. be made in the form required by the applicable political subdivision; and 2. include: A. a statement that the balcony railings have been inspected; B. the name of the owner of the multifamily dwelling; C. the address of the multifamily dwelling; D. the name of the inspector; E. the date the multifamily dwelling was inspected; F. the results of the inspection; and G. any other information required by the political subdivision. (v) A political subdivision shall: 1. 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 2. A. 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 B. allow the owner of the multifamily dwelling a reasonable period of time to have the inspection completed. (vi) 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. (4) (i) In this paragraph, “multiple–family dwelling” has the meaning stated in Article 13, § 5–1 of the Baltimore City Code. (ii) This paragraph applies only in Baltimore City. (iii) 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. (iv) 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. (5) A political subdivision may charge a property owner a fee for: (i) an inspection made to enforce the Minimum Livability Code; and (ii) a periodic inspection made under paragraph (3) or (4) of this subsection. (6) (i) 1. In this paragraph, “dwelling unit” means a building or part of a building that provides living or sleeping facilities for one or more individuals. 2. “Dwelling unit” includes a one or two family dwelling. (ii) 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. (iii) A code home rule county of the Southern Maryland class may: 1. 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; 2. charge a fee on a property owner for registering a dwelling unit or a multifamily dwelling with the county; 3. conduct inspections of a dwelling unit or a multifamily dwelling that is registered with the county to enforce minimum property maintenance standards; and 4. impose a fine on a property owner under this paragraph that leases a unit in a multifamily dwelling or a dwelling unit that: A. is not registered with the county; or B. is in violation of the inspection criteria established by the county. (iv) 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. (g) (1) 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: (i) each tenant of the unit is given adequate notice in the form and manner specified by the political subdivision; (ii) each tenant is given an opportunity to comment on the application in writing or in person; and (iii) the waiver would not threaten the health or safety of any tenant. (2) 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. (h) The Department: (1) shall decide questions of interpretation of the Minimum Livability Code, including questions that relate to uniform enforcement by political subdivisions; and (2) may authorize waivers or exemptions under the Minimum Livability Code. (i) (1) The Department may provide matching grants and technical assistance to political subdivisions to implement the Minimum Livability Code. (2) The matching grants shall be allocated using a formula developed by the Department to take into account population and other relevant factors. (3) The Department may waive the requirement of a match if adequate local money is not available. (j) (1) A property owner may not willfully violate the Minimum Livability Code. (2) 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. (3) 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.

Md. Code, Public Safety § 12-204

(a) (1) In this section the following words have the meanings indicated. (2) “ASHRAE” means the American Society of Heating, Refrigerating, and Air Conditioning Engineers. (3) “Guidelines” means the guidelines for recommended illumination levels in existing public buildings. (4) “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. (b) This section applies to each public building that is 10,000 or more square feet in area per floor. (c) 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. (d) 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: (1) encourage use of the guidelines; and (2) 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. (e) (1) 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. (2) The training may include a program developed by a federal agency or a contract agent. (f) The Department of Natural Resources shall assist local jurisdictions to: (1) determine the cost–benefit impacts of implementing the guidelines; and (2) perform audits of specific buildings or installations to determine lighting performance characteristics and the savings possible through implementing the guidelines. (g) (1) There is an advisory commission on energy conservation in buildings. (2) The commission consists of 15 members appointed by the Secretary of Labor. (3) The members shall be broadly representative, including representatives from: (i) State and local code enforcement agencies; (ii) architectural and engineering professions; (iii) public utilities; (iv) the construction industry; (v) legislative bodies of local government; and (vi) the public. (4) A member of the commission: (i) may not receive compensation for service on the commission; but (ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

Md. Code, Public Safety § 12-205

(a) (1) In this section the following words have the meanings indicated. (2) “Electric vehicle” means a vehicle that uses electricity for propulsion. (3) “Electric vehicle supply equipment” means a device or facility for delivering electricity to an electric vehicle. (4) “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. (5) “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. (6) (i) “Housing units” means: 1. single–family detached houses; 2. duplexes; and 3. town houses that are subject to the provisions of the International Residential Code. (ii) “Housing units” does not include multifamily residential buildings that are subject to the provisions of the International Building Code. (7) “Level 2 charging” means that the charging capability of the electric vehicle supply equipment: (i) 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 (ii) meets applicable industry safety standards. (8) “Vehicle” has the meaning stated in § 11–176 of the Transportation Article. (b) (1) This subsection applies to the construction of housing units that include a separate garage, carport, or driveway for each residential unit. (2) The construction of a new housing unit shall include in or on the garage, carport, or driveway: (i) one EVSE–installed parking space capable of providing at least Level 2 charging; or (ii) one EV–ready parking space. (c) 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.

Md. Code, Public Safety § 12-206

(a) 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. (b) Non–arc–resistant jacketed corrugated stainless steel tubing may not be used in: (1) the new construction of a customer–owned natural gas or liquefied propane piping system in a building; (2) 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 (3) a natural gas or liquefied propane piping system that requires the addition of a new gas line to the gas piping system. (c) A person who violates this section is subject to a civil penalty not exceeding $1,000.

Md. Code, Public Safety § 12-301

(a) In this subtitle the following words have the meanings indicated. (b) “Department” means the Maryland Department of Labor. (c) (1) “First user” means a person who initially installs an industrialized building or manufactured home in the State. (2) “First user” does not include a person who subsequently buys a building that consists wholly or partly of an industrialized building. (d) (1) “Industrialized building” means a building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off site and transported to a site for installation or erection, with or without other specified components, as a finished building or as part of a finished building that comprises two or more industrialized building units. (2) “Industrialized building” includes the electrical, plumbing, heating, ventilating, insulation, and other service systems of the building assembly or system of building subassemblies if the service systems are installed at the off site manufacture or assembly point. (3) “Industrialized building” does not include: (i) open frame construction that can be completely inspected on site; (ii) a manufactured home; or (iii) a building 8 body feet or less in width and 40 body feet or less in length that is: 1. used for business purposes, mobile offices, or storage; and 2. not open to the general public. (e) “Install” means to assemble an industrialized building or manufactured home on site and to affix the industrialized building or manufactured home to land, a foundation, footings, or an existing building. (f) “Local enforcement agency” means an agency of the governing body of a county or municipal corporation that enforces laws that govern the construction of buildings. (g) (1) “Manufactured home” means a structure that: (i) is transportable in one or more sections; (ii) is 8 body feet or more in width and 30 body feet or more in length; (iii) is built on a permanent chassis; and (iv) is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. (2) “Manufactured home” includes the plumbing, heating, air–conditioning, and electrical systems contained in the structure. (h) “Manufactured Home Construction and Safety Standards Act” means the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. (i) “Site” means the entire tract, subdivision, or parcel of land on which an industrialized building or manufactured home is installed.

Md. Code, Public Safety § 12-302

The General Assembly finds that: (1) with the acceleration in development of new materials, processes, and assemblies of building components, industrialized buildings, manufactured homes, and subassemblies, and the increased use of temporary and mobile structures, there is a need for a statewide building regulatory system; (2) until the recent increase in demand for use of temporary and mobile structures, the present system with its essentially local building regulatory departments has done a creditable job protecting the health and safety of the public in their respective communities; (3) this new demand calls for more in depth performance evaluations in terms of the intent of the building regulations and inspection services that usually involve going beyond the boundaries of local units of government and require the assistance of the State; (4) local officials in the State possess great knowledge and insight in this field and are aware of the needs for modification, and their cooperation in developing, applying, and refining a satisfactory program is essential; (5) there is a great opportunity to cooperate with other states, with organizations that have published widely used model building codes or standards of regulations, and with other similarly engaged agencies, including the National Institute of Standards and Technology; (6) this cooperation shall be an integral element in the application and enforcement of this statewide program; and (7) the health and safety of the public will be protected best if the State assumes the responsibility to enforce in the State federal construction and safety standards in accordance with the Manufactured Home Construction and Safety Standards Act.

Md. Code, Public Safety § 12-303

Notwithstanding any other provision of this subtitle, local land use requirements, building setback requirements, side and rear yard requirements, site development and property line requirements, zoning requirements and uniform fire control regulations, regardless of where the requirements, ordinances, regulations, or statutes are set forth, are reserved to local government.

Md. Code, Public Safety § 12-304

(a) (1) The Department shall establish a schedule of fees to administer the inspection and certification program for industrialized buildings and the on-site inspection and enforcement program for manufactured homes. (2) To the extent possible, the fees shall be based on the cost of administration of these programs. (3) The payments of the fees shall be included in the money of the Department with receipts from contracts or grants under federal or interstate programs. (4) Any money unexpended at the end of the fiscal year does not revert to the General Fund, but shall be kept in a special fund available to the Department to carry out this subtitle. (b) The Department: (1) shall enforce this subtitle and the regulations adopted under this subtitle; and (2) may refer an apparent violation of this subtitle to the appropriate State’s Attorney.

Md. Code, Public Safety § 12-305

(a) The Department: (1) shall adopt regulations that set standards to which industrialized buildings shall comply to protect against the hazards of industrialized buildings to safety, health, and property; (2) may adopt regulations that govern the enforcement, inspection, and certification programs authorized by this subtitle; and (3) with respect to industrialized buildings, shall adopt the Maryland Building Performance Standards with exceptions or modifications that, after adequate public notice and public hearing, the Department considers appropriate to meet the needs and judgments of the State. (b) (1) If practical, the regulations that set standards for industrialized buildings shall be stated in terms of required levels of performance to facilitate the prompt approval of acceptable new building materials and methods. (2) If generally recognized standards of performance are not available, the regulations shall provide for acceptance of materials and methods whose performance has been determined by the Department, on the basis of reliable test and evaluation data presented by the proponent, to be substantially equal in safety to the materials and methods specified when used for the purpose and in the manner recommended. (c) (1) The Department shall have printed and keep in pamphlet form the regulations that set standards for industrialized buildings. (2) The pamphlets shall be provided at cost to the public on request. (d) The Department may adopt regulations that relate to issues of construction or safety of manufactured homes for which a federal standard has not been established and which are not reserved to a local government under § 12-303 of this subtitle.

Md. Code, Public Safety § 12-306

(a) An industrialized building that is manufactured after June 30, 1977, may not be sold, offered for sale, or installed in the State unless the industrialized building: (1) is certified by the Department for sale in the State; and (2) bears the insignia provided by the Department. (b) A manufactured home that is manufactured after January 1, 1973, may not be sold or offered for sale to a first user in the State unless the manufactured home: (1) is certified by the Department for sale in the State and bears the insignia provided by the Department; or (2) is certified and labeled under the Manufactured Home Construction and Safety Standards Act.

Md. Code, Public Safety § 12-307

(a) (1) The Department shall determine whether each proposed industrialized building meets the standards contained in the regulations of the Department. (2) The determination shall include the evaluation and testing of the industrialized building and the quality control system at the factory of origin and at the building site. (b) (1) The Department shall perform the determination required by subsection (a) of this section through its own personnel or through a designated agent. (2) The designated agent shall be: (i) qualified personnel of a local enforcement agency; or (ii) a testing facility that is approved by the Department. (3) The testing facility shall be: (i) an architect or professional engineer whose registration is accepted by the State; or (ii) a testing organization that is determined by the Department to be specifically qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate industrialized buildings or their component parts. (4) In addition to evaluating and testing industrialized buildings or their component parts, the testing facility shall: (i) list the units in compliance with the standards adopted by the Department; (ii) provide adequate follow–up services at the point of manufacture to ensure that production units are in full compliance; and (iii) provide for each unit an insignia in the form of a label, seal, or other evidence of compliance. (c) A manufacturer of a building exempted from the applicability of this subtitle under § 12–301(d)(3)(iii) of this subtitle may elect to have the Department perform a determination under subsection (a) of this section for the purpose of the Department certifying and providing an insignia for the building under this subtitle.

Md. Code, Public Safety § 12-308

(a) If the Department determines that an industrialized building meets the standards set by the regulations of the Department, the Department shall certify the industrialized building for the prescribed area. (b) If a problem arises that is limited to a particular locality in the State, the Department if practicable shall hold a public hearing in that locality. (c) By regulation, the Department may provide that industrialized buildings approved by another state are entitled to certification by the Department if, after public hearing, the Department determines that the standards set by law of the other state: (1) are at least equal to the regulations adopted under this subtitle; and (2) are enforced adequately by the other state.

Md. Code, Public Safety § 12-309

(a) Industrialized buildings certified by the Department for sale in the State shall bear the insignia provided by the Department. (b) An industrialized building that bears an insignia provided by the Department is acceptable in all localities of the State: (1) to comply with the requirements of this subtitle; and (2) to meet the requirements of safety to life, health, and property required by a law or ordinance of a local governing body of the State without further investigation or inspection by the local governing body if the industrialized building is erected or installed in accordance with the conditions of the certification. (c) (1) An industrialized building that was manufactured on or before June 30, 1977, and is not required to bear the insignia provided by the Department: (i) may be lawfully sold or installed; and (ii) is subject to regulation by the local governing body of the jurisdiction where the industrialized building will be installed. (2) If an industrialized building that is not required to bear the insignia provided by the Department is offered for sale, the seller or manufacturer shall specifically advise the prospective purchaser that the building has not been certified by the State.

Md. Code, Public Safety § 12-310

(a) The issuance, denial, or modification of a certification: (1) shall be made by the Department; and (2) may be reviewed by the Department’s board of review. (b) Local enforcement agency representatives, manufacturers, and installers of industrialized buildings may seek review by the Department of the issuance or denial of a certification. (c) Any alteration, modification, or attempted use of an industrialized building beyond the scope of the certification results in forfeiture of the certification and insignia unless approval for the modification or use is secured from the Department in advance.

Md. Code, Public Safety § 12-311

(a) The Department shall maintain a program of adequate inspection of industrialized buildings. (b) (1) Each manufacturer of industrialized buildings to be sold or offered for sale to first users in the State shall agree that the Department has the right to conduct unannounced inspections at the manufacturing site to review any aspect of the manufacturer’s quality control program. (2) The cost of two unannounced inspections may be charged to the manufacturer in accordance with a fee schedule established by the Department. (3) In addition, the total travel costs on published air fare, or equivalent rate, between Baltimore and the location of the factory, plus necessary supplemental surface transportation and reimbursement for food and lodging consistent with allowances for State employees may be charged to the manufacturer. (c) (1) The Department may establish a program of training and accreditation of local enforcement agency personnel to: (i) enable them to be most effective in inspection of industrialized buildings or manufactured homes; and (ii) promote the possibility of reciprocal reliance between building personnel in this State and between this State and other states. (2) In those jurisdictions that employ accredited local enforcement agency personnel, the function of on-site inspection of the installation or assembly of industrialized buildings is reserved to those jurisdictions with appropriate appeal procedures from their decisions. (d) (1) Local enforcement agency representatives, manufacturers, and installers may report to the Department an industrialized building that has been damaged en route to the site so that the Department may arrange for a reinspection of the industrialized building. (2) The Department may charge a reinspection fee to the installer of the industrialized building.

Md. Code, Public Safety § 12-312

(a) The Department may act as necessary or desirable to carry out a State plan of enforcement under the Manufactured Home Construction and Safety Standards Act. (b) The authority of the Department under subsection (a) of this section includes the authority to: (1) contract with or accept grants from the Department of Housing and Urban Development, the National Conference of States on Building Codes and Standards, their successors, or other similar organizations with respect to the enforcement of manufactured home standards and perform the undertakings and conditions of the contract or grant; (2) engage in factory inspection and quality control monitoring of manufactured home manufacturers in the State and outside the State with respect to manufactured homes to be sold in the State or, if on a reciprocal or cooperative basis, not intended for sale in the State; (3) train and accredit local enforcement agency personnel with respect to manufactured home construction and safety standards and manufactured home installation; (4) inspect manufactured homes in the possession of dealers or otherwise distributed in the State, to: (i) verify that the federal certification is proper for the intended zone; and (ii) ascertain any damage in transit that affects compliance with construction or safety standards or constitutes a safety hazard; (5) establish procedures to ascertain, report on, and correct complaints and reports of defects from or to dealers or users of manufactured homes; (6) conduct on-site inspection of the installation of manufactured homes, require a permit or other evidence of approval of the on-site installation, and charge a fee to cover costs although these functions may be performed by a local enforcement agency that employs accredited inspectors; and (7) require manufactured home dealers and manufactured home park operators to allow entry and inspection of manufactured homes for purposes of this subtitle and submit reports for purposes of this subtitle.

Md. Code, Public Safety § 12-313

(a) (1) A person may not violate this subtitle or a regulation adopted under this subtitle. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to a fine not exceeding $1,000. (3) This subsection does not apply to a violation of 42 U.S.C. § 5409. (b) (1) A person may not in the State violate 42 U.S.C. § 5409 or a regulation adopted or order issued under it. (2) A person who violates this subsection is liable to the State for a civil penalty not exceeding $1,000 for each violation. (3) Each violation under this subsection is a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by 42 U.S.C. § 5409 or a regulation adopted or order issued under it. (4) A civil penalty under this subsection may not exceed $1,000,000 for any related series of violations occurring within 1 year after the date of the first violation. (c) (1) An individual or a director, officer, or agent of a corporation may not in the State knowingly and willfully violate 42 U.S.C. § 5409 in a manner that threatens the health or safety of a purchaser of a manufactured home. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Code, Public Safety § 12-401

(a) In this subtitle the following words have the meanings indicated. (b) “ANSI Standard” means the American National Standards Institute Standard ANSI z 97.1 – 1984, as adopted most recently by the Department in the Maryland Building Performance Standards. (c) “Department” means the Maryland Department of Labor. (d) “Fixed glazed panel immediately adjacent to an entrance or exit door” means the first fixed glazed panel that: (1) is beside an entrance or exit door; (2) has a glazing less than 18 inches from the finished floor or the least dimension of which is 18 inches or more; and (3) may be mistaken as a means of egress or ingress. (e) (1) “Hazardous location” means a place for a door, panel, enclosure, or other element, that is glazed or to be glazed, in a residential, industrial, commercial, institutional, or public building where the use of material other than safety glazing material constitutes an unreasonable hazard. (2) “Hazardous location” includes a place for a framed or unframed exit door, a storm door except an operating vent on a jalousie door, a fixed or moving sliding door, a shower door, a tub enclosure, a fixed glazed panel immediately adjacent to an entrance or exit door, and any other element, that is glazed or to be glazed, whether or not the glazing is transparent. (f) (1) “Safety glazing material” means glazing material that: (i) is constructed, treated, or combined with other materials to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material; and (ii) meets the test requirements of the ANSI Standard. (2) “Safety glazing material” includes tempered glass, laminated glass, wire glass, or rigid plastic.

Md. Code, Public Safety § 12-402

(a) This subtitle does not apply to a person who executed a legally binding written contract before July 1, 1973, to sell, fabricate, assemble, glaze, install, consent to, or cause to be installed, glazing material other than safety glazing material in, or for use in, a hazardous location in the State. (b) (1) This subtitle supersedes any county or municipal ordinance that relates to safety glazing, that is less stringent than those in effect under this subtitle. (2) This subtitle does not preclude a political subdivision of the State from adopting and enforcing requirements and regulations that are more stringent than those in effect under this subtitle.

Md. Code, Public Safety § 12-403

After notice and hearing as required under Title 10, Subtitle 1 of the State Government Article, the Department may adopt additional requirements for safety glazing material.

Md. Code, Public Safety § 12-404

(a) After notice and hearing as required under Title 10, Subtitle 1 of the State Government Article, the Department may determine whether a location is a hazardous location. (b) After notice and hearing, the Department may except from safety glazing requirements a panel in a hazardous location if the panel: (1) is less than 200 square inches; and (2) is located so that the use of material other than safety glazing material would not constitute an unreasonable hazard.

Md. Code, Public Safety § 12-405

(a) (1) Except as provided in subsection (c) of this section, each light of safety glazing material manufactured, imported, or sold for use in a hazardous location or installed in a hazardous location in the State shall be permanently labeled by etching, sandblasting, firing of ceramic material, hot-die stamping, or other means. (2) The label shall be legible and visible after installation. (b) The label shall: (1) identify the labeler; (2) identify whether the labeler is a manufacturer, fabricator, or installer; (3) identify the nominal thickness and type of safety glazing material; and (4) state that the safety glazing material meets the test requirements of the ANSI Standard. (c) Wire glass, laminated glass, or rigid plastic that is further fabricated after manufacture need not be permanently labeled if the seller or installer of the material gives each buyer of the material a certificate that states that the wire glass, laminated glass, or rigid plastic meets the test requirements of the ANSI Standard. (d) Safety glazing labeling may not be used on material other than safety glazing material.

Md. Code, Public Safety § 12-406

(a) A person may not in the State knowingly sell, install, consent, or cause to be installed glazing material other than safety glazing material in, or for use in, a hazardous location. (b) A worker who is an employee of a contractor, subcontractor, or other employer responsible for compliance with this subtitle, is not liable for a violation of this subtitle.

Md. Code, Public Safety § 12-407

(a) A person may not violate this subtitle. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Code, Public Safety § 12-501

(a) In this subtitle the following words have the meanings indicated. (b) “Building” has the meaning stated in the International Building Code. (c) “Department” means the Maryland Department of Labor. (d) (1) “International Building Code” means the first printing of the most recent edition of the International Building Code issued by the International Code Council. (2) “International Building Code” does not include interim amendments or subsequent printings of the most recent edition of the International Building Code. (e) (1) “International Energy Conservation Code” means the first printing of the most recent edition of the International Energy Conservation Code issued by the International Code Council. (2) “International Energy Conservation Code” does not include interim amendments or subsequent printings of the most recent edition of the International Energy Conservation Code. (f) (1) “International Green Construction Code” means the first printing of the most recent edition of the International Green Construction Code issued by the International Code Council. (2) “International Green Construction Code” does not include interim amendments or subsequent printings of the most recent edition of the International Green Construction Code. (g) “Local jurisdiction” means the county or municipal corporation that is responsible for implementation and enforcement of the Standards under this subtitle. (h) “Standards” means the Maryland Building Performance Standards. (i) “Structure” has the meaning stated in the International Building Code.

Md. Code, Public Safety § 12-502

(a) This subtitle does not alter or abrogate the authority of: (1) the State Board of Plumbing to adopt and enforce the State Plumbing Code under the Maryland Plumbing Act, Title 12 of the Business Occupations and Professions Article; (2) the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors to adopt and enforce the State Heating, Ventilation, Air–Conditioning, and Refrigeration Code under the Maryland Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors Act, Title 9A of the Business Regulation Article; (3) the Commissioner of Labor and Industry to adopt and enforce standards for elevator safety under Subtitle 8 of this title; (4) the State Fire Prevention Commission to enforce the Electrical Code under Subtitle 6 of this title; or (5) the Public Service Commission to enforce the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. (b) This subtitle does not alter or abrogate any zoning power or related authority that a county or municipal corporation had on October 1, 1993. (c) This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a building or structure that is not owned or operated by the State.

Md. Code, Public Safety § 12-503

(a) (1) The Department shall adopt by regulation, as the Maryland Building Performance Standards, the International Building Code, including the International Energy Conservation Code, with the modifications incorporated by the Department under subsection (b) of this section. (2) The Department shall adopt each subsequent version of the Standards within 18 months after it is issued. (b) (1) Before adopting each version of the Standards, the Department shall: (i) review the International Building Code to determine whether modifications should be incorporated in the Standards; (ii) consider changes to the International Building Code to enhance energy conservation and efficiency; (iii) subject to the provisions of paragraph (2)(ii) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction that can be demonstrated to offer performance that is at least the equivalent to the requirements of: 1. the International Energy Conservation Code; 2. Chapter 13, “Energy Efficiency”, of the International Building Code; or 3. Chapter 11, “Energy Efficiency”, of the International Residential Code; (iv) accept written comments; (v) consider any comments received; and (vi) hold a public hearing on each proposed modification. (2) (i) Except as provided in subparagraph (ii) of this paragraph and § 12–510 of this subtitle, the Department may not adopt, as part of the Standards, a modification of a building code requirement that is more stringent than the requirement in the International Building Code. (ii) The Department may adopt energy conservation requirements that are more stringent than the requirements in the International Energy Conservation Code, but may not adopt energy conservation requirements that are less stringent than the requirements in the International Energy Conservation Code. (c) The Standards apply to each building or structure in the State for which a building permit application is received by a local jurisdiction on or after August 1, 1995. (d) In addition to the Standards, the Department shall: (1) on or before January 1, 2023, adopt by regulation the 2018 International Green Construction Code; and (2) adopt each subsequent version of the Code within 18 months after it is issued.

Md. Code, Public Safety § 12-504

(a) (1) A local jurisdiction may adopt local amendments to the Standards if the local amendments do not: (i) prohibit the minimum implementation and enforcement activities set forth in § 12–505 of this subtitle; (ii) weaken energy conservation and efficiency provisions contained in the Standards; (iii) except as provided in paragraph (3) of this subsection, weaken the automatic fire sprinkler systems provisions for townhouses and one– and two–family dwellings contained in the Standards; or (iv) weaken wind design and wind–borne debris provisions contained in the Standards. (2) (i) Regardless of whether the International Green Construction Code is adopted by the Department under § 12–503(d) of this subtitle, a local jurisdiction may adopt the International Green Construction Code. (ii) A local jurisdiction may make local amendments to the International Green Construction Code. (3) Paragraph (1)(iii) of this subsection does not apply to: (i) standards governing issuance of a building permit for a property not connected to an electrical utility; or (ii) until January 1, 2016, standards governing issuance of a building permit for a new one– or two–family dwelling constructed on: 1. a lot subject to a valid unexpired public works utility agreement that was executed before March 1, 2011; or 2. a lot served by an existing water service line from a water main to the property line that: A. is less than a nominal 1–inch size; B. is approved and owned by the public or private water system that owns the mains; C. was installed before March 1, 2011; and D. is fully operational from the public or private main to a curb stop or meter pit located at the property line. (b) If a local jurisdiction adopts a local amendment to the Standards, the Standards as amended by the local jurisdiction apply in the local jurisdiction. (c) If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction. (d) A local jurisdiction that adopts a local amendment to the Standards shall ensure that the local amendment is adopted in accordance with applicable local law. (e) To keep the database established under this subtitle current, a local jurisdiction that adopts a local amendment to the Standards shall provide a copy of the local amendment to the Department: (1) at least 15 days before the effective date of the amendment; or (2) within 5 days after the adoption of an emergency local amendment.

Md. Code, Public Safety § 12-505

(a) (1) (i) Each local jurisdiction shall implement and enforce the most current version of the Standards and any local amendments to the Standards. (ii) Any modification of the Standards adopted by the State after December 31, 2009, shall be implemented and enforced by a local jurisdiction no later than 12 months after the modifications are adopted by the State. (2) At a minimum, the local jurisdiction shall ensure that implementation and enforcement of the Standards includes: (i) review and acceptance of appropriate plans; (ii) issuance of building permits; (iii) inspection of the work authorized by the building permits; and (iv) issuance of appropriate use and occupancy certificates. (3) Each local jurisdiction shall determine the manner in which the minimum implementation and enforcement activities of this subsection are carried out. (b) (1) Except as otherwise provided in this subsection, the county in which a building or structure is located shall implement and enforce the Standards for that building or structure in accordance with this subtitle. (2) (i) A municipal corporation that did not adopt a building code on or before October 1, 1992, may elect to implement and enforce the Standards in accordance with this subtitle for buildings or structures located in the municipal corporation. (ii) If a municipal corporation elects to implement and enforce the Standards under this paragraph, the county in which the municipal corporation is located is not responsible for implementation and enforcement of the Standards in the municipal corporation. (3) A county that did not adopt a building code on or before October 1, 1992, shall implement and enforce the Standards in the county unless it elects to negotiate with a municipal corporation in the county to have the municipal corporation implement and enforce the Standards in the county. (4) A municipal corporation that adopted a building code on or before October 1, 1992, shall implement and enforce the Standards in the municipal corporation unless it elects to negotiate with the county in which the municipal corporation is located to have the county implement and enforce the Standards in the municipal corporation. (c) A local jurisdiction may charge fees necessary to cover the cost of implementation and enforcement of the Standards and any local amendments to the Standards.

Md. Code, Public Safety § 12-506

(a) The Department shall maintain a central automated database in accordance with this section. (b) (1) At a minimum, the Department shall include in the database: (i) the Standards; (ii) local amendments to the Standards; (iii) the State Fire Prevention Code adopted by the State Fire Prevention Commission under Title 6 of this article; (iv) fire prevention codes adopted by local jurisdictions; (v) the Electrical Code required under Subtitle 6 of this title; (vi) local amendments to the Electrical Code; (vii) the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article; (viii) local code provisions that are more restrictive than the Energy Code defined under the Energy Conservation Building Standards Act; (ix) information compiled by the Department under paragraph (2) of this subsection; (x) the Maryland Building Rehabilitation Code; (xi) local amendments to the Maryland Building Rehabilitation Code; and (xii) proposed federal or State legislation of which the Department is aware and that directly affects the construction industry. (2) The Department may compile and include in the database: (i) any information provided by a local jurisdiction on the implementation and interpretation of the Standards by the local jurisdiction; and (ii) interim amendments to the International Building Code including subsequent printings of the most recent edition. (c) The Department shall: (1) make information from the database available to a local jurisdiction, State unit, or other interested party; (2) provide each local jurisdiction with the necessary hardware or software to enable the local jurisdiction to access the information in the database; and (3) coordinate with local building officials, the State Fire Marshal, and local fire officials in compiling information for the database. (d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Department may charge a fee for information provided from the database. (ii) The Department may not charge a fee to a State unit or local jurisdiction. (2) The Department may not charge a fee to a local jurisdiction for the ongoing maintenance of the database. (3) Fees collected in accordance with this subsection unexpended at the end of the fiscal year do not revert to the General Fund, but shall be kept in a special fund available to the Department to carry out this subtitle. (e) (1) A local jurisdiction shall provide to the Department a copy of each amendment to the local jurisdiction’s fire prevention code or Electrical Code within 15 days after the effective date of the amendment. (2) A local jurisdiction shall provide to the Department a copy of each amendment to the local jurisdiction’s energy code that is more restrictive than the Energy Code defined under the Energy Conservation Building Standards Act within 15 days after the effective date of the amendment.

Md. Code, Public Safety § 12-507

(a) The Department may: (1) develop a voluntary forum that may be used, on request of a local jurisdiction, to resolve conflicts that involve the Standards; and (2) adopt regulations to carry out this subtitle. (b) The Department: (1) shall notify each local jurisdiction of each change to the International Building Code and the impact the change will have on the local amendments in that local jurisdiction; (2) in conjunction with the Maryland Building Officials Association and other interested organizations, shall provide training for local building officials on the Standards and certify the participation of local building officials in the training; (3) on request, shall provide a local jurisdiction with technical assistance to implement and enforce the Standards; and (4) on request by a local jurisdiction and in consultation with the Office of the Attorney General, shall provide guidance for the implementation and enforcement of the Standards in relation to any religious observance, practice, or belief.

Md. Code, Public Safety § 12-508

(a) (1) In this section, “agricultural building” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. (2) “Agricultural building” does not include a place of human residence. (b) This section applies only to: (1) Allegany County, Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Somerset County, Talbot County, and Washington County; or (2) a county where the local legislative body has approved the application of this section to the county. (c) The Standards do not apply to the construction, alteration, or modification of an agricultural building for which agritourism is an intended subordinate use. (d) Except as provided in subsections (e) and (f) of this section, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if the subordinate use of agritourism: (1) is in accordance with limitations set forth in regulations adopted by the Department; (2) occupies only levels of the building on which a ground level exit is located; and (3) does not require more than 50 people to occupy an individual building at any one time. (e) In Allegany County, Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Garrett County, Howard County, Kent County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Washington County, and Worcester County, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if: (1) the subordinate use of agritourism does not require more than 200 people to occupy an individual building at any one time; and (2) the total width of means of egress meets or exceeds the International Building Code standard that applies to egress components other than stairways in a building without a sprinkler system. (f) (1) In Montgomery County, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit as provided in this subsection. (2) Except as provided in paragraph (3) of this subsection, if the subordinate use of agritourism does not require more than 50 people to occupy an individual building at any one time, then that use must be: (i) in accordance with limitations established by the Department; and (ii) limited to levels of the building on which a ground level exit is located. (3) If the subordinate use of agritourism requires more than 50 people but fewer than 100 people to occupy an individual building at any one time, then that use must be: (i) in accordance with the requirements in paragraph (2) of this subsection; and (ii) the total width and number of means of egress must meet or exceed the International Building Code standard that applies to egress components other than stairways in a building without a sprinkler system. (g) An agricultural building used for agritourism: (1) shall be structurally sound and in good repair; but (2) need not comply with: (i) requirements for bathrooms, sprinkler systems, and elevators set forth in the Standards; or (ii) any other requirements of the Standards or other building codes as set forth in regulations adopted by the Department. (h) The Department shall adopt regulations to implement this section.

Md. Code, Public Safety § 12-509

(a) In this section, “high–performance home” means a new residential structure that meets or exceeds the current version of: (1) the Silver rating of the International Code Council’s 700 National Green Building Standards; or (2) the Silver rating of the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) for Homes Rating System. (b) The Department shall encourage the construction of new residential structures in the State that are high–performance homes.

Md. Code, Public Safety § 12-510

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Hotel” means an establishment that offers sleeping accommodations for compensation. � (ii) “Hotel” does not include a bed and breakfast establishment. (3) “Master control device” means: (i) a control that is activated when a person enters the room through the primary room–access method; or (ii) an occupancy sensor control that is activated by a person’s presence in the room. (b) This section applies only to the new construction of hotels. (c) (1) Each hotel guest room shall be equipped with a master control device that automatically turns off the power to all of the lighting fixtures in the guest room no more than 30 minutes after the room has been vacated. (2) A master control device may also control the heating, ventilation, or air conditioning default settings in hotel guest rooms 30 minutes after a room has been vacated by: (i) increasing the set temperature by at least 3 degrees Fahrenheit when in the air conditioning mode; or (ii) decreasing the set temperature by at least 3 degrees Fahrenheit when in the heating mode. (d) The Department shall adopt the provisions of this section as a part of the Maryland Building Performance Standards.

Md. Code, Public Safety § 12-601

(a) In this subtitle the following words have the meanings indicated. (b) “Certified nongovernmental electrical inspector” means an individual certified by the State Fire Marshal to inspect electrical installations for conformity with the National Electrical Code or any adopted local electrical code or amendments. (c) “Electrical installation” means any installed: (1) electrical wires or conductors that transmit electric current for electric light, heat, or power purposes; (2) cable, molding, duct, raceway, or conduit for the reception or protection of wires or conductors; or (3) electrical machinery, apparatus, device, or fixture.

Md. Code, Public Safety § 12-602

(a) This subtitle does not apply to: (1) public utilities, their affiliated companies, and electrical appliances and devices used in their work; (2) the inspection or certification of an electrical installation by a unit of a county government that is authorized to conduct electrical inspections; or (3) an electrical installation of the State or federal government during an emergency if the electrical installation is necessary for the public welfare as a result of the emergency. (b) (1) This subtitle does not supersede any local law or ordinance of a local jurisdiction that establishes standards or qualifications for electrical inspectors and inspections within that local jurisdiction. (2) A certified nongovernmental electrical inspector shall obtain county approval or certification as may be required by local law or ordinance.

Md. Code, Public Safety § 12-603

Each electrical installation in the State shall conform to: (1) the National Electrical Code; or (2) the electrical code and amendments adopted by the county in which the electrical installation is done.

Md. Code, Public Safety § 12-604

(a) The State Fire Marshal shall administer and enforce this subtitle. (b) The State Fire Marshal may: (1) adopt regulations necessary to carry out this subtitle; and (2) use any member of the Office of the State Fire Marshal, as necessary, to carry out and enforce this subtitle.

Md. Code, Public Safety § 12-605

(a) Before a utility authorizes electrical current to be turned on for a premise or structure, the utility must receive a cut–in certificate from a certified nongovernmental electrical inspector or governmental unit that is qualified to issue electrical inspection certificates. (b) Within 15 days after completion, each electrical installation shall be certified by a certified nongovernmental electrical inspector or a governmental unit that is qualified to issue electrical inspection certificates.

Md. Code, Public Safety § 12-606

A person shall be certified by the State Fire Marshal as a nongovernmental electrical inspector before the person inspects or certifies an electrical installation.

Md. Code, Public Safety § 12-607

(a) Except as provided in subsection (b) of this section, an applicant for a nongovernmental electrical inspector certificate shall meet the following minimum qualifications: (1) complete an apprenticeship as an electrician; (2) complete at least 5 years of documented progressive experience in the electrical trade; and (3) pass a written examination administered by the State Fire Marshal. (b) In lieu of the minimum eligibility requirements required in subsection (a)(1) and (2) of this section, the State Fire Marshal may adopt regulations that allow an applicant to substitute an electrical engineering degree or accumulated credits toward an electrical engineering degree in combination with education, training, and experience to meet the qualifications.

Md. Code, Public Safety § 12-608

(a) An applicant for a certificate shall: (1) submit to the State Fire Marshal an application on the form the State Fire Marshal provides; (2) submit all documents that the State Fire Marshal requires; and (3) pay to the State Fire Marshal an application fee of $100. (b) The application form provided by the State Fire Marshal shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided in § 12–616 of this subtitle.

Md. Code, Public Safety § 12-609

(a) The State Fire Marshal shall issue a certificate to each applicant who meets the requirements of this subtitle. (b) The certificate shall include: (1) the full name of the certificate holder; (2) the date of issuance; and (3) the date on which the certificate expires. (c) Each certificate holder shall give the State Fire Marshal written notice of change of address within 10 business days after the change.

Md. Code, Public Safety § 12-610

While a certificate for a nongovernmental electrical inspector is in effect, it authorizes the certificate holder to inspect electrical installations for conformity with the National Electrical Code or a local code as amended.

Md. Code, Public Safety § 12-611

(a) (1) Unless a certificate is renewed for a 3–year term as provided in this section, the certification expires on the date set by the State Fire Marshal. (2) The State Fire Marshal may determine that certificates issued under this subtitle shall expire on a staggered basis. (b) At least 45 days before a certificate expires, the State Fire Marshal shall mail to the certificate holder, at the last known address of the certificate holder: (1) a renewal application form; and (2) a notice that states: (i) the date on which the current certificate expires; (ii) that the State Fire Marshal must receive the renewal application at least 15 days before the certificate expiration date for the renewal to be issued and mailed before the certificate expires; (iii) the amount of the renewal fee; (iv) that an individual may not be issued a certificate under this subtitle until all outstanding obligations are satisfied with the State Fire Marshal; and (v) that the submission of a false statement in the renewal application or the submission of altered or false documents that are otherwise required is cause for revocation of the certification. (c) A certified nongovernmental electrical inspector may renew the certification for a 3–year term if the certificate holder: (1) otherwise is entitled to be certified; and (2) submits to the State Fire Marshal: (i) a renewal application on the form the State Fire Marshal provides; (ii) a renewal fee of $50; and (iii) satisfactory evidence of compliance with any other requirements under this section for renewal of certification. (d) Certificate holders who fail to renew within 90 days from the date of expiration shall be required to submit an initial application and successfully pass the written examination. (e) The State Fire Marshal shall renew the certification of each applicant who meets the requirements of this section.

Md. Code, Public Safety § 12-612

(a) Subject to the hearing provisions of § 12–613 of this subtitle, the State Fire Marshal may deny a certificate to an applicant, refuse to renew a certificate, reprimand a certificate holder, suspend or revoke a certificate, or impose a civil penalty not exceeding $1,000 if the applicant or certificate holder: (1) fraudulently or deceptively obtains or attempts to obtain a certificate for the applicant or another; (2) fraudulently or deceptively uses the certificate; (3) engages in an unfair, abusive, or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article; (4) willfully or deliberately disregards or violates a building code, electrical code, or law of the State or a local jurisdiction; (5) while not certified, solicits to engage in or willfully engages in providing electrical inspection services; (6) while not certified, willfully advertises as a certified nongovernmental electrical inspector; (7) willfully makes a false statement or misrepresentation in any renewal application or in any other document that the State Fire Marshal requires to be submitted; or (8) violates any other provision of this subtitle or any regulation adopted by the State Fire Marshal under this subtitle. (b) In determining the appropriate penalty to be imposed under subsection (a) of this section, the State Fire Marshal shall consider: (1) the gravity of the violation; (2) the good faith of the violator; (3) the number and gravity of previous violations by the same violator; (4) the harm caused to the complainant, the public, and the electrical inspector profession; (5) the assets of the violator; and (6) any other factors that the State Fire Marshal considers relevant.

Md. Code, Public Safety § 12-613

(a) Before the State Fire Marshal takes any final action under § 12–612 of this subtitle, the State Fire Marshal shall give the individual against whom the action is contemplated an opportunity for a hearing before the State Fire Marshal. (b) The State Fire Marshal shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) The hearing notice shall be sent by certified mail to the last known address of the person at least 10 business days before the hearing. (d) The State Fire Marshal may administer oaths in connection with any proceeding under this section. (e) The person may be represented at the hearing by counsel. (f) If, after due notice, the person against whom the action is contemplated fails to appear for the hearing, the State Fire Marshal may hear and determine the matter.

Md. Code, Public Safety § 12-614

Any person aggrieved by a final decision of the State Fire Marshal in a contested case, as defined in § 10–202 of the State Government Article, is entitled to appeal to the Office of Administrative Hearings and to judicial review, as provided in the Administrative Procedure Act.

Md. Code, Public Safety § 12-615

(a) This section applies in Charles County and St. Mary’s County. (b) In a county subject to this section, a homeowner may install electrical wiring in a home that is to be used as the homeowner’s residence subject to standards set by the county commissioners. (c) (1) The county commissioners of Charles County may adopt regulations to govern the issuance of permits to homeowners under this section. (2) The county commissioners of St. Mary’s County shall adopt regulations to govern the issuance of permits to homeowners under this section.

Md. Code, Public Safety § 12-616

(a) Except as otherwise provided in this subtitle, a person may not inspect or certify an electrical installation unless the person is certified by the State Fire Marshal. (b) A person may not willfully make a false statement on an application submitted under this subtitle. (c) A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Md. Code, Public Safety § 12-701

(a) (1) Except as provided in paragraph (2) of this subsection, each elevator and each stairway in a building with three or more levels or floors shall indicate clearly by sign or otherwise which levels or floors are most accessible to the exits of the building. (2) This requirement does not apply to an elevator or stairway in a dwelling for the personal use of a family. (b) The owner of a building subject to this section who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

Md. Code, Public Safety § 12-702

(a) (1) In this section the following words have the meanings indicated. (2) “Commission” means the State Fire Prevention Commission. (3) “NFPA 70” means the most recent edition of the National Electrical Code adopted by the Commission. (4) “NFPA 101” means the most recent edition of the National Life Safety Code adopted by the Commission. (b) (1) Notwithstanding any other provisions of this article, this section applies in Baltimore City. (2) In Baltimore City, the Baltimore City Fire Department shall enforce this section. (3) In Baltimore City, appeals concerning this section shall be made to the Baltimore City fire board. (c) (1) This subsection applies to: (i) a public building or structure owned by the State or a subdivision of the State; and (ii) a hotel, apartment building, lodging house, hospital, nursing home, dormitory, or educational building with: 1. a potential evening occupancy of more than 25 individuals; and 2. at least 4 stories, excluding attics and basements. (2) Each building or structure subject to this subsection shall be equipped with adequate emergency power and lighting in accordance with NFPA 101. (d) The emergency electrical power supply system required by this section may be powered by generators, battery packs, or other similar devices at the discretion of the owner of the building or structure. (e) (1) The Commission shall administer this section. (2) The Commission shall adopt regulations to enforce this section, including regulations that require: (i) emergency electrical systems in accordance with NFPA 101, to provide sufficient light in halls, corridors, and stairways during outages or blockages of regular services to facilitate the movement of individuals in the event of an emergency; (ii) sufficient exit signs that are adequately lighted to guide individuals on the premises; (iii) sufficient emergency electrical power to operate elevators, electrical facilities in hospital operating rooms, hospital X–ray equipment, and other emergency equipment that are necessary to the proper operation of medical services in hospitals and nursing homes; (iv) adequate emergency electric lighting in accordance with NFPA 101 in each building for commercial, mercantile, industrial, storage, office, or similar purposes if the building is at least 4 stories, excluding attics and basements, and evening occupancy is more than 25 individuals; and (v) installation and operation of emergency power and lighting in accordance with NFPA 101 and NFPA 70. (3) (i) For purposes of paragraph (2)(iii) of this subsection, the Commission shall consult with the Secretary of Health to evaluate the requirements to be adopted for the operation of hospitals and nursing homes. (ii) In making this evaluation, the Secretary of Health shall consider the size and nature of the particular hospital or nursing home operation. (f) Except as provided in subsection (b) of this section, the State Fire Marshal shall enforce this section and the regulations adopted by the Commission so that individuals on the premises are reasonably protected in the event of an emergency. (g) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties of § 6–601 of this article.

Md. Code, Public Safety § 12-703

(a) A person may not use welded clip and seat type connections or other welded “clip-type” connectors as temporary fastening devices in construction that involves the use of structural iron or steel. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

Md. Code, Public Safety § 12-704

(a) A person may not erect structural steel or iron beams or girders with shear composite studs, other studs, or reinforcing shear connectors, unless these devices are attached after the erection is completed of all structural members or forming or decking of a particular floor or deck level or span of a bridge or area between transverse floor beams. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

Md. Code, Public Safety § 12-705

(a) In this section, “lockout tag” means a tag that: (1) seals a knife blade disconnect switch box closed; (2) is attached to the exterior of the knife blade disconnect switch box with a metal or plastic strap; and (3) includes a safety warning about the potential for electrocution if an individual removes the lockout tag or touches the contents of the knife blade disconnect switch box. (b) A company that installs solar photovoltaic systems shall install a lockout tag at each residential installation at the time of installation.

Md. Code, Public Safety § 12-706

(a) In this section, “appliance” means any device that: (1) contains and uses a class I or class II substance or a substitute for a class I or class II substance, as defined in 42 U.S.C. 7671a, as a refrigerant; and (2) is used for a household or commercial purpose, including an air conditioner, a refrigerator, a chiller, or a freezer. (b) Notwithstanding any other provision of law, except for regulations issued by the Department of the Environment, no provision of the State building code or other law or regulation may prohibit or otherwise limit the use of a refrigerant if: (1) the refrigerant is designated as acceptable for use in accordance with 42 U.S.C. 7671k; and (2) any appliance containing the refrigerant designated for acceptable use is installed and used in accordance with the safety standards and use conditions under 42 U.S.C. 7671k.

Md. Code, Public Safety § 12-801

(a) In this subtitle the following words have the meanings indicated. (b) “Accessibility lift mechanic” means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing commercial stairway chairlifts, vertical platform lifts, or incline platform lifts. (c) “Accessibility lift mechanic specialist” means a person who is licensed as an accessibility lift mechanic and has been certified by the Board to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service private residential elevators. (d) “Board” means the Elevator Safety Review Board. (e) “Certificate” means a certificate of registration and inspection issued by the Commissioner to operate an elevator unit. (f) “Cliffside elevator” means an elevator located at, on, or adjacent to the side of a cliff or a natural incline that is intended for use by individuals. (g) “Commissioner” means the Commissioner of Labor and Industry or an authorized representative of the Commissioner of Labor and Industry. (h) “Direct–acting hydraulic elevator” means an elevator in which the energy is applied by a direct hydraulic driving machine. (i) “Dumbwaiter” means a hoisting and lowering machine equipped with a car of limited capacity and size that moves in guides in a substantially vertical direction and is used exclusively for carrying material. (j) “Elevator” means a hoisting and lowering machine equipped with a car or platform that moves in guides in a substantially vertical direction and serves two or more floors of a building or structure. (k) “Elevator contractor” means a person who is engaged in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator or accessibility lift units. (l) “Elevator mechanic” means a person who is engaged in erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator or accessibility lift units. (m) “Elevator refinisher” means a person who is engaged in the refinishing of existing metal and wood elements in elevator cabs, including the stripping of old lacquer on wood and bronze items, staining wood to match existing finishes, cleaning, polishing, oxidizing, painting, lacquering, and the removing of scratches to maintain existing finishes. (n) “Elevator renovator contractor” means a person who is engaged in the business of performing work: (1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and (2) that does not affect the elevator’s moving operation. (o) “Elevator renovator mechanic” means a person who performs work: (1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and (2) that does not affect the elevator’s moving operation. (p) “Elevator unit” includes a cliffside elevator, an elevator, an escalator, a dumbwaiter, and a moving walk. (q) “Escalator” means a power driven, inclined, continuous stairway used for raising and lowering passengers. (r) “License” includes: (1) an accessibility lift mechanic license; (2) an elevator contractor license; (3) an elevator mechanic license; (4) an elevator renovator contractor license; and (5) an elevator renovator mechanic license. (s) “Moving walk” means a type of passenger–carrying device on which passengers stand or walk and in which the passenger–carrying surface remains parallel to its direction of motion and is uninterrupted. (t) “Safety Code” means the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, known as ANSI A17.1–1971, and all subsequent amendments and revisions to it, as adopted by the Commissioner. (u) “Secretary” means the Secretary of Labor. (v) “Third–party qualified elevator inspector” means an inspector who: (1) meets the qualifications, insurance requirements, and procedures established by the Commissioner; and (2) is certified by a nationally recognized safety organization accredited by the National Commission for Certifying Agencies or the American National Standards Institute that ensures that: (i) the certification requires testing and grading consistent with industry recognized criteria and any related consensus standards; and (ii) any renewal of certification requires continuing education.

Md. Code, Public Safety § 12-804

(a) (1) Part II of this subtitle does not apply to an elevator unit that is: (i) except as provided in paragraphs (2) and (3) of this subsection, installed in a privately owned single–family residential dwelling; or (ii) installed in a building or structure under federal control or regulation. (2) Part II of this subtitle applies to a cliffside elevator located on the property of a privately owned single–family residential dwelling. (3) Sections 12–808 and 12–810 of this subtitle apply to an elevator unit installed on or after October 1, 2023, in a privately owned single–family residential dwelling. (b) (1) Except as provided in paragraph (2) of this subsection, §§ 5–205(j), 5–207, 5–214, 5–215, and 5–216 and Title 5, Subtitle 8 of the Labor and Employment Article apply to Part II of this subtitle. (2) The penalties established under this subtitle and Title 5, Subtitle 8 of the Labor and Employment Article do not apply with respect to an elevator unit owned by a public body, as defined in § 5–101 of the Labor and Employment Article.

Md. Code, Public Safety § 12-805

(a) In this section, “assisted living program” has the meaning stated in § 19–1801 of the Health – General Article. (b) The Commissioner shall administer and enforce Part II of this subtitle. (c) (1) The Commissioner shall adopt regulations that conform generally to the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI Code A17.1–1971, and all subsequent amendments and revisions to it. (2) If necessary to fulfill the Commissioner’s responsibilities under Part II of this subtitle, the Commissioner shall: (i) adopt regulations that amend standards set forth in the American National Standard/American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI Code A17.1–1971, and all subsequent amendments and revisions to it; and (ii) adopt other regulations. (3) The Commissioner may adopt regulations to authorize and regulate the installation and inspection of noncommercial elevator units in assisted living programs with five or fewer beds that are licensed by the Maryland Department of Health under § 19–1804.1 of the Health – General Article. (4) The regulations shall be consistent with the requirements of § 12–1006 of this title. (d) The Commissioner may assign duties and functions imposed by Part II of this subtitle to the chief elevator inspector. (e) The cost of administering Part II of this subtitle is provided for under § 5–204 of the Labor and Employment Article.

Md. Code, Public Safety § 12-806

(a) Except as otherwise provided in this section, each elevator unit shall be inspected, tested, and maintained in a safe operating condition in accordance with: (1) the Safety Code; and (2) any other regulations adopted by the Commissioner. (b) (1) (i) Subject to subparagraph (ii) of this paragraph, an elevator unit installed before July 1, 1955, may be used without being altered or rebuilt to comply with the requirements of the Safety Code. (ii) Each elevator shall be equipped with standard hoistway entrance protection, and each passenger elevator of more than 100 feet per minute contract speed shall be provided with car doors or gates that meet the requirements of the Safety Code. (2) Notwithstanding any other provision of this subsection, each elevator unit installed before July 1, 1955: (i) shall be maintained in a safe operating condition so as not to create a substantial probability of serious physical harm or death; and (ii) is subject to inspections and tests as required. (c) (1) For purposes of this subsection, an alteration of an existing elevator unit is any change made to it other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation. (2) Each alteration or relocation of an elevator unit installed after January 1, 1975, shall meet the requirements of the Safety Code. (d) (1) A test on an elevator unit performed in connection with an inspection required by this subtitle, the Safety Code, or a regulation adopted by the Commissioner shall be performed by a licensed elevator mechanic. (2) A third–party qualified elevator inspector required to witness a test performed on an elevator unit in accordance with this subtitle, the Safety Code, or a regulation adopted by the Commissioner shall be physically present during the entire test to witness that the test was performed correctly and to verify the proper recording of the test result. (3) A State inspector shall oversee all third–party qualified elevator inspectors and retains authority over final acceptance of new construction, modernization, and service upgrade turnovers of elevators. (4) Subject to subsection (g) of this section, a test requiring the presence of a third–party qualified elevator inspector shall be conducted in accordance with the following: (i) beginning October 1, 2018, a 5–year test on an elevator of a privately owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; (ii) beginning October 1, 2019, a test on an elevator of a publicly owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; (iii) beginning October 1, 2021, an annual test on an elevator, except for a direct–acting hydraulic elevator, of a privately owned building that requires an inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector; and (iv) beginning October 1, 2022, an annual test on a direct–acting hydraulic elevator of a privately owned building that requires an elevator inspector to witness the test shall be performed by a licensed elevator mechanic in the physical presence of a third–party qualified elevator inspector. (e) (1) A third–party qualified elevator inspector or the owner or agent of the owner of the elevator shall schedule a test in accordance with subsection (d) of this section. (2) (i) The third–party qualified elevator inspector shall contact the elevator contracting company and the property owner not less than 60 days in advance to schedule the test for a date and time that is reasonably convenient for all parties involved. (ii) The owner or agent of the owner shall contact the elevator contracting company not less than 60 days in advance to schedule the test for a date and time that is reasonably convenient for all parties involved. (3) In the event of an unforeseen circumstance or undue hardship, any party involved in scheduling the test may reschedule the test. (4) The third–party qualified elevator inspector shall notify the Commissioner of the time, date, and location of each test. (f) On written request, the Commissioner may grant exceptions from the literal requirements or allow the use of devices or methods other than those specified under the Safety Code and other regulations adopted by the Commissioner if: (1) it is evident that the exception is necessary to prevent undue hardship; or (2) existing conditions prevent practical compliance and in the opinion of the Commissioner reasonable safety can be secured. (g) (1) If the Commissioner determines that the number of third–party qualified elevator inspectors is insufficient to meet the requirements of subsection (d)(4)(ii) of this section, a licensed elevator mechanic may perform a test in the physical presence of an available third–party qualified elevator inspector, or a State inspector to make up for the deficient number of third–party qualified elevator inspectors. (2) If the Commissioner subsequently determines that the number of third–party qualified elevator inspectors is sufficient to meet the requirements of subsection (d)(4)(ii) of this section, a licensed elevator mechanic shall perform a test in the physical presence of a third–party qualified elevator inspector. (3) The Commissioner shall adopt regulations to implement this subsection.

Md. Code, Public Safety § 12-807

(a) An elevator unit may not be operated in a building, structure, or place of employment in the State unless a certificate is issued by the Commissioner. (b) Notwithstanding subsection (a) of this section, the Commissioner shall accept certificates of inspection from a political subdivision or municipal corporation instead of the certificate required by subsection (a) of this section.

Md. Code, Public Safety § 12-808

(a) Except as otherwise provided in this section, each elevator unit owned or to be operated shall be registered with the Commissioner at least 60 days before its planned completion and before it is placed in service. (b) (1) The owner or lessee of each elevator unit shall register it on the form provided by the Commissioner. (2) For each elevator unit registered, the owner or lessee shall provide: (i) its type; (ii) its rating load and speed; (iii) the name of its manufacturer; (iv) its location; (v) the purpose for which it is used; and (vi) any other information the Commissioner requires. (3) The Commissioner: (i) may not disclose to the public any information regarding a registered elevator unit installed in a privately owned single–family residential dwelling; and (ii) shall delete the registration of an elevator unit that is installed in a privately owned single–family residential dwelling on completion of the final acceptance inspection under § 12–810 of this subtitle. (c) Under emergency circumstances, an owner or lessee may register an elevator unit with the Commissioner with less than 60 days’ notice in accordance with regulations adopted under Part II of this subtitle. (d) (1) This subsection does not apply to an elevator unit that is installed in a privately owned single–family residential dwelling. (2) After an elevator unit is placed in service and a certificate issued pursuant to § 12–811(a) of this subtitle, the owner or lessee shall reregister the elevator unit with the Commissioner 30 days prior to the expiration of the certificate.

Md. Code, Public Safety § 12-809

(a) A State inspector shall make the following inspections: (1) final acceptance inspection of all new elevator units prior to issuance of first certificate; (2) investigation of accidents and complaints; (3) follow–up inspections to confirm corrective action; (4) final acceptance inspection of the modernization or alteration of an elevator unit; (5) for privately owned buildings and until October 1, 2019, for publicly owned buildings, when the inspection shall be performed by a third–party qualified elevator inspector, a comprehensive 5–year inspection as defined by regulation; (6) except as provided by § 12–807(b) of this subtitle, inspections of elevator units owned by the State or a political subdivision; and (7) quality control monitoring of inspections conducted by third–party qualified elevator inspectors. (b) (1) A contractor, owner, or lessee shall provide the Commissioner with at least 60 days’ notice of a requested inspection. (2) If a contractor, owner, or lessee provides the Commissioner with less than 60 days’ notice of a requested inspection that will be conducted by a State inspector, the Commissioner shall schedule the inspection at the convenience of the State subject to the availability of State resources. (c) (1) For all inspections conducted by a State inspector, the contractor, owner, or lessee of an elevator unit shall pay a fee for an inspection under § 12–810 of this subtitle at the following rate: (i) half day (up to 4 hours), not to exceed $250; or (ii) full day (up to 8 hours), not to exceed $500. (2) Each fee collected under this subsection shall be paid into the Elevator Safety Review Board Fund established under this subtitle. (3) A contractor, owner, or lessee who notifies the Commissioner at least 24 hours in advance of a scheduled inspection that the elevator unit does not comply with the requirements of Part II of this subtitle may not be charged a fee under paragraph (1) of this subsection. (d) (1) An owner shall hire a third–party qualified elevator inspector to conduct all periodic inspections that are required by the Safety Code. (2) An inspection by a third–party qualified elevator inspector shall ensure that the elevator unit complies with the Safety Code and other regulations adopted by the Commissioner under Part II of this subtitle. (3) The Commissioner shall establish qualifications, insurance requirements, and procedures based on nationally accepted standards that the Commissioner considers necessary to register third–party qualified elevator inspectors under Part II of this subtitle. (4) Any fees collected by the Commissioner to register third–party qualified elevator inspectors shall be paid into the Elevator Safety Review Board Fund established under this subtitle.

Md. Code, Public Safety § 12-810

The Commissioner shall conduct a final acceptance inspection on completion of the installation, modification, or alteration of an elevator unit before it is placed in service.

Md. Code, Public Safety § 12-811

(a) If an inspection discloses that an elevator unit complies with the Safety Code and other regulations adopted by the Commissioner, the Commissioner shall issue a certificate to the owner or lessee of the elevator unit. (b) The certificate shall be posted conspicuously in or on the elevator unit. (c) While a certificate is in effect, it authorizes the holder to operate the elevator unit in a building, structure, or place of employment in the State.

Md. Code, Public Safety § 12-812

(a) A certificate is valid for the period indicated on the certificate. (b) (1) Except as provided in paragraph (2) of this subsection, each elevator unit in the State shall have a periodic annual inspection by a State inspector as provided for in § 12–809(a)(6) of this subtitle or by a third–party qualified elevator inspector as provided for in § 12–809(d) of this subtitle. (2) Each cliffside elevator on the property of a privately owned single–family residential dwelling shall have a periodic inspection once every 2 years by a third–party qualified elevator inspector as provided for in § 12–809(d) of this subtitle. (c) Before scheduling an inspection with the Commissioner or a third–party qualified elevator inspector, the contractor, owner, or lessee of an elevator unit shall: (1) ensure that the elevator unit is operated, inspected, and repaired in accordance with Part II of this subtitle and the regulations adopted under Part II of this subtitle; and (2) make inspection, maintenance, and repair records available to the inspector charged with inspecting the elevator unit. (d) (1) When an inspector conducts an inspection and the elevator unit fails the inspection, the inspector shall issue an inspection checklist that specifies the corrections required. (2) The inspection checklist shall be on a form provided by the Commissioner and shall specify the requirements for compliance with the Safety Code and other regulations adopted by the Commissioner. (3) If a State inspector conducts a follow–up inspection to ensure compliance with the corrections specified on the inspection checklist, the contractor, owner, or lessee shall pay a fee in accordance with § 12–809 of this subtitle.

Md. Code, Public Safety § 12-813

(a) If a State inspector cancels a final acceptance inspection under § 12–810 of this subtitle or if a follow–up inspection is required under § 12–812 of this subtitle, the contractor, owner, or lessee of the elevator unit shall: (1) reschedule the inspection with the State inspector; and (2) ensure that the elevator unit complies with the requirements of Part II of this subtitle, including correcting as necessary any safety hazards or violations of the Safety Code, on the designated date. (b) A contractor, owner, or lessee shall maintain a copy of any inspection, maintenance, and repair records at a central location in a manner consistent with regulations adopted under Part II of this subtitle. (c) A contractor, owner, or lessee of an elevator unit shall file with the Commissioner the following records at time intervals set by regulation: (1) records of all test reports and inspection reports as defined by regulation; and (2) records of all incidents or serious injuries as defined by regulation. (d) All records submitted to the Commissioner electronically shall be in a format and method defined by regulation.

Md. Code, Public Safety § 12-814

(a) When an inspection by a State inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, a citation may be issued and penalties may be assessed in accordance with §§ 12–814.2 and 12–814.3 of this subtitle. (b) (1) When an inspection by a third–party qualified elevator inspector discloses that an elevator unit is in unsafe condition so that its continued operation will violate the Safety Code, or any other regulation adopted by the Commissioner under Part II of this subtitle, the third–party qualified elevator inspector shall notify the Commissioner immediately. (2) On notification, the Commissioner shall conduct an inspection of the unsafe condition to determine whether to issue a citation and assess penalties in accordance with §§ 12–814.2 and 12–814.3 of this subtitle.

Md. Code, Public Safety § 12-814.1

§12–814.1. (a) The Commissioner may prohibit use of an elevator unit after determining, based on an inspection, that: (1) the elevator unit violates § 12-806 of this subtitle; or (2) there is a substantial probability that death or serious physical harm could result from continued use of the elevator unit. (b) The Commissioner shall issue a written notice prohibiting use of the elevator unit to the contractor, owner, lessee, or agent in charge of the elevator unit. (c) A copy of the notice: (1) shall be attached to the elevator unit; and (2) may not be removed until a State inspector determines that the elevator unit complies with this subtitle. (d) Use of the elevator unit is prohibited while a notice is posted on the elevator unit. (e) A person aggrieved by the decision to prohibit use of an elevator unit may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable. (f) An action under this section shall be brought in the circuit court for the county where the elevator unit is located. (g) In a proceeding under this section, a court may not stay an order of the Commissioner unless: (1) the court gives the Commissioner notice and an opportunity for a hearing; and (2) the aggrieved person posts security or meets any other condition that the court considers proper.

Md. Code, Public Safety § 12-814.2

§12–814.2. (a) Subject to subsection (k) of this section, if, after an inspection or investigation, the Commissioner determines that, within the immediately preceding 6 months, an elevator unit is in violation of the Safety Code or another regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner shall issue a citation to the owner. (b) Each citation under this section shall: (1) be in writing; (2) describe, with particularity, the nature of the alleged violation; (3) reference the provision of the Safety Code or regulation that is alleged to be in violation; and (4) set a reasonable period of time for abatement and correction of the alleged violation. (c) An owner who is issued a citation shall post the citation or a copy of the citation conspicuously at or near the elevator unit alleged to be in violation. (d) Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the owner: (1) notice of the violation with a copy of the citation and proposed penalty; and (2) notice of the opportunity to request a hearing. (e) Within 15 days after an owner receives a notice under subsection (d) of this section, the owner may submit a written request for a hearing on the citation and proposed penalty. (f) If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner. (g) If the owner requests a hearing, the Commissioner may delegate to the Office of Administrative Hearings the authority to hold a hearing and issue proposed findings of fact, conclusions of law, and an order in accordance with Title 10, Subtitle 2 of the State Government Article. (h) A decision of an administrative law judge issued in accordance with Title 10, Subtitle 2 of the State Government Article shall become a final order of the Commissioner unless, within 15 days after the issuance of the proposed decision: (1) the Commissioner orders a review of the proposed decision; or (2) an owner submits to the Commissioner a written request for a review of the proposed decision. (i) After review of the proposed order under subsection (h) of this section, whether or not a hearing on the record is held, the Commissioner shall issue an order that, on the basis of findings of fact and conclusions of law, affirms, modifies, or vacates the proposed decision. (j) An order of the Commissioner under subsection (i) of this section is the final administrative order. (k) The Commissioner may establish, by regulation, procedures for the issuance of a warning notice instead of a citation for a de minimis violation that has no direct or immediate relationship to health or safety.

Md. Code, Public Safety § 12-814.3

§12–814.3. (a) If, after investigation, the Commissioner determines that an owner violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect a civil penalty of up to $5,000 for each elevator unit in violation of the Safety Code or regulations. (b) In determining the amount of the penalty, the Commissioner shall consider: (1) the gravity of the violation; (2) the owner’s good faith; and (3) the owner’s history of violations under this subtitle. (c) If, after investigation, the Commissioner determines that an owner willfully or repeatedly violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect double the administrative penalties set forth in subsection (a) of this section. (d) If, after the issuance of a final order affirming a violation of the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, an owner fails to correct the violation within 10 days, the Commissioner may impose a civil penalty, not exceeding $1,000 for each day a violation continues, against the owner. (e) Each civil penalty shall be paid into the General Fund of the State.

Md. Code, Public Safety § 12-815

(a) Each passenger elevator in a permanent installation used by the public shall have a sign that reads “Warning - Elevators shall not be used in event of fire - Use marked exit stairways”. (b) The sign described in subsection (a) of this section shall be posted: (1) at the entrance to the elevator shaft on each floor; and (2) directly above the call button. (c) A sign similar to the sign described in subsection (a) of this section shall be posted within the elevator car. (d) (1) The top of each sign may not be more than 6 feet above the floor. (2) The lettering in the word “warning” shall be at least three-eighths inch high and the rest of the lettering shall be at least one-fourth inch high.

Md. Code, Public Safety § 12-816

(a) This subsection does not apply to: (1) one or two family dwellings; or (2) buildings under three stories. (b) Each new building constructed after July 1, 1985, in which at least one elevator is planned, shall have a passenger elevator that can accommodate a horizontally carried and positioned 6 foot 8 inch rescue litter. (c) (1) In this section, “repair” has the meaning stated in the Safety Code. (2) For purposes of this section, repair, renovation, modification, reconstruction, change of occupancy, or addition to an existing building as defined in Subtitle 10 of this title does not constitute a new building.

Md. Code, Public Safety § 12-819

There is an Elevator Safety Review Board in the Maryland Department of Labor.

Md. Code, Public Safety § 12-820

(a) (1) The Board consists of the following ten members: (i) as an ex officio member, the Commissioner; and (ii) nine members appointed by the Governor with the advice of the Secretary and with the advice and consent of the Senate. (2) Of the nine appointed members of the Board: (i) one shall represent a major elevator manufacturing company or its authorized representative; (ii) one shall represent an elevator servicing company; (iii) one shall represent the architectural design profession; (iv) one shall represent a municipal corporation in the State; (v) one shall represent a building owner or manager; (vi) one shall represent labor involved in the installation, maintenance, and repair of elevators; (vii) one shall represent the elevator interior renovation industry; and (viii) two shall be members of the public. (b) (1) The term of an appointed member is 3 years. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) 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. (c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor 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. (2) 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. (3) 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, Public Safety § 12-821

(a) The Governor shall appoint a chairman from among the members of the Board. (b) The chairman shall be the deciding vote if there is a tie vote by the Board.

Md. Code, Public Safety § 12-822

(a) (1) The Board shall meet at least once each calendar quarter, at the times and places that it determines. (2) The Board may hold special meetings as provided in its regulations. (b) A member of the Board: (1) may not receive compensation as a member of the Board; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Public Safety § 12-822.1

§12–822.1. (a) On request of any person and payment of a fee set by the Board, the Board shall certify the licensing status of any person who is the subject of the request. (b) Each certification under this section: (1) shall include a statement of the licensing status of the person who is the subject of the request; and (2) may include: (i) information about the examination results and other qualifications of that person; (ii) information about the dates of issuance and renewal of the license of that person; (iii) information about any disciplinary action taken against that person; and (iv) if authorized by that person, information about any complaint against that person. (c) The Board shall collect a fee set by the Board for each certification under this section.

Md. Code, Public Safety § 12-823

In addition to any powers set forth elsewhere, the Board may: (1) consult with engineering authorities and organizations concerned with standard safety codes about: (i) regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevator units; and (ii) qualifications that are adequate, reasonable, and necessary for elevator mechanics and elevator contractors; (2) recommend applicable legislation; (3) adopt bylaws for the conduct of its proceedings; and (4) adopt regulations to carry out Part III of this subtitle.

Md. Code, Public Safety § 12-824

(a) The Board shall establish fees for the application, issuance, and renewal of licenses issued under Part III of this subtitle. (b) The total amount of fees established under subsection (a) of this section may not exceed, for the 2–year term of the license: (1) $100 per year for an elevator mechanic, elevator renovator mechanic, or accessibility lift mechanic; and (2) $150 per year for an elevator contractor or elevator renovator contractor. (c) Each fee for the application, issuance, and renewal of licenses collected by the Board shall be paid into the Elevator Safety Review Board Fund established under this subtitle.

Md. Code, Public Safety § 12-824.1

§12–824.1. (a) In this section, “Fund” means the Elevator Safety Review Board Fund. (b) There is an Elevator Safety Review Board Fund. (c) The purpose of the Fund is to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board. (d) The Commissioner shall administer the Fund. (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. (f) The Fund consists of: (1) revenue distributed to the Fund under this subtitle; (2) money appropriated in the State budget to the Fund; (3) investment earnings of the Fund; and (4) any other money from any other source accepted for the benefit of the Fund. (g) The Fund may be used only to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board. (h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (2) Any investment earnings of the Fund shall be paid into the Fund. (i) Expenditures from the Fund may be made only in accordance with the State budget. (j) Any balance in the Fund at the end of June 30 of each fiscal year in excess of 10% of the actual expenses of operating the Elevator Safety Review Board shall revert to the General Fund of the State. (k) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

Md. Code, Public Safety § 12-825

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.

Md. Code, Public Safety § 12-826

(a) Except as otherwise provided in Part III of this subtitle, a person shall be licensed by the Board as an elevator mechanic before the person erects, constructs, wires, alters, replaces, maintains, repairs, dismantles, or services elevator units in the State. (b) Except as otherwise provided in Part III of this subtitle, a person shall be licensed by the Board as an elevator contractor before the person engages in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator units in the State. (c) (1) Except as otherwise provided in Part III of this subtitle, a person shall be licensed by the Board as an elevator renovator contractor before the person engages in the business of elevator renovating. (2) By June 1, 2004, a person who engages in the business of elevator renovating for a business incorporated before January 1, 2002, shall be licensed by the Board as an elevator renovator contractor before the person engages in the business of elevator renovating. (d) Except as otherwise provided in Part III of this subtitle, a person shall be licensed by the Board as an elevator renovator mechanic before the person performs elevator renovator work. (e) Except as otherwise provided in Part III of this subtitle, a person shall be licensed by the Board as an accessibility lift mechanic before the person erects, constructs, wires, alters, replaces, maintains, repairs, dismantles, or services commercial stairway chairlifts, vertical platform lifts, or incline platform lifts in the State. (f) (1) A licensed elevator contractor is not required for removing or dismantling an elevator unit if: (i) the elevator unit is destroyed as a result of a complete demolition of a building; or (ii) a hoistway or wellway is demolished back to the basic support structure. (2) (i) An individual who works as an elevator apprentice under the direct supervision of a licensed elevator mechanic or licensed elevator renovator mechanic need not obtain a license. (ii) An individual commonly known as an elevator helper who works under the direct supervision of a licensed elevator mechanic or a licensed elevator renovator mechanic need not obtain a license. (3) An elevator refinisher need not obtain a license. (4) A crane mechanic performing work on elevators or lifts located on a port facility owned, leased, or operated by the Maryland Port Administration need not obtain a license. (5) A person installing a residential stairway chairlift need not obtain a license. (6) A person who is licensed under this subtitle as an elevator mechanic need not obtain a license to provide the services described in subsection (e) of this section. (g) (1) The Board shall adopt regulations, including education and experience requirements, to certify accessibility lift mechanic specialists to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service private residential elevators. (2) Until the Board adopts regulations to certify accessibility lift mechanic specialists to perform work on private residential elevators, an accessibility lift mechanic may provide the services described in paragraph (1) of this subsection. (3) A candidate actively completing the certification requirements adopted by the Board under paragraph (1) of this subsection may continue to perform that work without certification for up to 4 years after the effective date of the regulations.

Md. Code, Public Safety § 12-827

(a) An applicant for an elevator mechanic license shall: (1) (i) have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and (ii) pass a written examination administered by the Board on the Safety Code; (2) (i) have completed at least 3 years of recent and active work experience in the elevator industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and (ii) have a certificate of completion of the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program or its equivalent; or (3) have a certificate of completion of an apprenticeship program for elevator mechanics that has standards substantially equivalent to those of Part III of this subtitle and is registered with the Office of Apprenticeship of the U.S. Department of Labor or a state apprenticeship council. (b) An applicant for an elevator contractor license shall have at least 5 years of work experience in the elevator industry in construction, maintenance, service, or repair. (c) The Board shall adopt regulations governing: (1) the qualifications of an applicant for an elevator renovator contractor license and an applicant for an elevator renovator mechanic license; and (2) the scope of practice of a licensed elevator renovator contractor and a licensed elevator renovator mechanic. (d) (1) An applicant for an accessibility lift mechanic license shall: (i) 1. have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active experience in the accessibility lift industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and 2. pass a written examination administered by the Board on the Safety Code; (ii) 1. have an acceptable combination of documented experience and education credits, with at least 3 years of recent and active experience in the accessibility lift industry, in construction, maintenance, and service or repair, as verified by current and previous employers; and 2. have a certificate from an organization providing an education program for the accessibility industry, such as the Certified Accessibility Technician Program or an equivalent program; or (iii) have a certificate of completion of an apprenticeship program for accessibility mechanics that has standards substantially equivalent to those of Part III of this subtitle and is registered with the Office of Apprenticeship of the U.S. Department of Labor or a state apprenticeship council. (2) The Board may issue a conditional license under this subsection that is effective until January 1, 2017, to a candidate actively completing the educational requirements described in paragraph (1)(ii)2 of this subsection.

Md. Code, Public Safety § 12-828

(a) (1) An applicant for a license shall: (i) submit to the Board an application on the form that the Board provides; (ii) submit to the Board any proof of eligibility that the Board requires; and (iii) pay to the Board or designee of the Board an application fee set by the Board. (2) The application fee is nonrefundable. (b) Each application shall contain the following information: (1) if the applicant is an individual, the name, residence, and business address of the applicant; (2) if the applicant is a partnership, the name, residence, and business address of each general partner; (3) if the applicant is a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation; (4) if the applicant is a corporation other than a domestic corporation, the name and address of the resident agent; (5) the number of years the applicant has engaged in the business of installing, altering, repairing, renovating, or servicing elevators; (6) the approximate number of individuals, if any, to be employed by an applicant that is an elevator contractor or elevator renovator contractor and, if applicable, evidence satisfactory to the Board that the employees are or will be covered by workers’ compensation insurance; (7) evidence satisfactory to the Board that the applicant is or will be covered by general liability, personal injury, and property damage insurance; and (8) any other information that the Board requires.

Md. Code, Public Safety § 12-829

(a) An applicant who otherwise qualifies for an elevator mechanic license is entitled to be examined as provided in this section on payment of an examination fee to the Board or designee of the Board. (b) The Board periodically shall give examinations to applicants at the times and places that the Board determines. (c) The Board shall give each qualified applicant notice of the time and place of examination. (d) The Board shall determine the fee, content, scope, and passing score for examinations given under this section. (e) (1) The Board may use a testing service to administer the examinations required under this section. (2) If the Board uses a testing service under this section, the testing service, subject to requirements set by the Board, may: (i) set the times and places of the examinations; (ii) provide notice of the times and places of examinations to the applicants; and (iii) provide any other information that the Board may require the testing service to provide. (f) The Board or designee of the Board shall provide to the applicant notice of the examination result of the applicant.

Md. Code, Public Safety § 12-830

(a) Subject to the limitations of this section, the Board may waive the examination requirements of Part III of this subtitle for an individual who is licensed to perform elevator installation, alteration, repair, or service work in another state or a subdivision of another state. (b) The Board may grant a waiver under this section only if the applicant: (1) pays to the Board the appropriate application fee required by Part III of this subtitle; and (2) provides adequate evidence that the applicant: (i) meets the qualifications otherwise required by Part III of this subtitle; (ii) holds an active license in good standing in the other state or subdivision that is equivalent to a license in this State; and (iii) became licensed in the other state or subdivision after passing an examination that is similar to the examination for which the applicant is seeking the waiver. (c) The Board may grant a waiver only if the state or subdivision in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state or subdivision.

Md. Code, Public Safety § 12-831

(a) If an applicant qualifies for a license under Part III of this subtitle, the Board shall send the applicant a notice that states: (1) the applicant has qualified for a license; and (2) on receipt of a license fee set by the Board, the Board shall issue a license to the applicant. (b) On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of Part III of this subtitle.

Md. Code, Public Safety § 12-832

(a) While an elevator mechanic license is in effect, it authorizes the licensee to erect, construct, wire, alter, replace, maintain, repair, dismantle, or service elevator units under the direct supervision of a licensed elevator contractor. (b) While an elevator contractor license is in effect, it authorizes the licensee to engage in the business of erecting, constructing, wiring, altering, replacing, maintaining, repairing, dismantling, or servicing elevator units. (c) While an elevator renovator contractor license is in effect, it authorizes the licensee to engage in the business of performing work: (1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and (2) that does not affect the elevator’s moving operation. (d) While an elevator renovator mechanic license is in effect, it authorizes the licensee to perform work: (1) on the interior of an elevator involving the removal or installation of the nonstructural surface of the elevator’s wall, ceiling, floor, rail, or handle; and (2) that does not affect the elevator’s moving operation. (e) While an accessibility lift mechanic license is in effect, the license authorizes the licensee to erect, construct, wire, alter, replace, maintain, repair, dismantle, and service commercial stairway chairlifts, vertical platform lifts, or incline platform lifts under the direct supervision of a licensed elevator contractor.

Md. Code, Public Safety § 12-833

(a) (1) Subject to paragraph (2) of this subsection, unless a license is renewed for a 2-year term as provided in this section, the license expires on the second anniversary of its effective date. (2) The Secretary may determine that licenses issued under Part III of this subtitle shall expire on a staggered basis. (b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee: (i) a renewal application form; and (ii) a notice that states: 1. the date on which the current license expires; and 2. the amount of the renewal fee. (2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable. (c) Before the license expires, the licensee periodically may renew the license for an additional 2-year term if the licensee: (1) otherwise is entitled to be licensed; (2) pays the renewal fee to the Board; and (3) submits to the Board a renewal application on the form that the Board provides. (d) The Board shall adopt regulations to: (1) require a demonstration of continuing professional competency for a licensee as a condition of renewal of a license under this section; (2) establish criteria for continuing education providers; (3) provide for a temporary waiver of continuing education under specified circumstances; and (4) set record keeping criteria for approved continuing education providers. (e) The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

Md. Code, Public Safety § 12-833.1

§12–833.1. (a) The Board shall reinstate the license of a person that, for any reason, has failed to renew the license if the person: (1) applies to the Board for reinstatement within 2 years after the license expires; (2) meets the renewal requirements of § 12–833 of this subtitle; and (3) pays to the Board a reinstatement fee in an amount, not exceeding $100, set by the Board. (b) (1) If a person has failed to renew a license under § 12–833 of this subtitle for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board: (i) may require the person to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or (ii) subject to paragraph (2) of this subsection, may reinstate the license. (2) The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the person: (i) meets the renewal requirements of § 12–833 of this subtitle; (ii) if required by the Board, states reasons why reinstatement should be granted; and (iii) pays to the Board a reinstatement fee in an amount, not exceeding $100, set by the Board.

Md. Code, Public Safety § 12-834

(a) A licensed elevator contractor shall notify the Board if there are no licensed elevator mechanics available to perform elevator work. (b) The licensed elevator contractor may request that the Board issue temporary elevator mechanic licenses to individuals certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. (c) An individual certified by a licensed elevator contractor as qualified under subsection (b) of this section shall: (1) immediately seek a temporary elevator mechanic license from the Board; and (2) pay the fee that the Board determines. (d) A temporary elevator mechanic license is valid for 30 days while the licensee is employed by the licensed elevator contractor that certified the licensee as qualified under subsection (b) of this section. (e) A temporary elevator mechanic license may be renewed as long as the shortage of licensed elevator mechanics continues.

Md. Code, Public Safety § 12-835

(a) A licensed elevator contractor shall respond as necessary to ensure public safety if: (1) an emergency exists in the State because of disaster, act of God, or work stoppage; and (2) the number of licensed elevator mechanics in the State is insufficient to cope with the emergency. (b) Within 5 business days after beginning work that requires an elevator mechanic license, an individual certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the Board. (c) The licensed elevator contractor shall provide proof of competency as the Board may require for an individual certified by the licensed elevator contractor under subsection (b) of this section. (d) The Board shall issue emergency elevator mechanic licenses. (e) An emergency elevator mechanic license entitles the licensee to the rights and privileges of an elevator mechanic license issued under Part III of this subtitle. (f) An emergency elevator mechanic license is valid for 30 days for particular elevator units or geographical areas as the Board designates. (g) The Board shall renew an emergency elevator mechanic license during the existence of an emergency. (h) The Board may not charge a fee for the issuance or renewal of an emergency elevator mechanic license.

Md. Code, Public Safety § 12-836

(a) An elevator contractor may not engage in the business of elevator installation, alteration, repair, or service work unless the work of the elevator contractor is covered by: (1) general liability insurance in the amount of at least $1,000,000; and (2) property damage insurance in the amount of at least $500,000. (b) An applicant for an elevator contractor license shall submit proof of the insurance required under subsection (a) of this section to the Board with the license application. (c) Unless a licensee meets the insurance requirements of this section, the Board may not renew the license of a licensee to whom the insurance requirements of this section apply. (d) A licensed elevator contractor shall give the Board notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.

Md. Code, Public Safety § 12-837

(a) Subject to the hearing provisions of § 12–838 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to an applicant, refuse to renew a license, reprimand a licensee, or suspend or revoke a license, if the applicant or licensee: (1) fraudulently or deceptively obtains or attempts to obtain a license; (2) fails to notify the Board or the owner or lessee of an elevator or related mechanism of any condition not in compliance with Part II of this subtitle; (3) under the laws of the United States or of any state, is convicted of: (i) a felony; or (ii) a misdemeanor that is directly related to the fitness and qualifications of the applicant or licensee to perform services as an elevator contractor, elevator mechanic, elevator renovator contractor, or elevator renovator mechanic; (4) transfers the authority granted by a license to another person; (5) installs, repairs, or maintains an elevator or assists in the installation, repair, or maintenance of an elevator in a negligent or careless manner; (6) willfully or deliberately disregards and violates a building code, electrical code, or construction law of the State or a county or municipal corporation of the State; or (7) violates any provision of this subtitle. (b) (1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Board may impose a penalty not exceeding $5,000 for each violation. (2) To determine the amount of the penalty imposed under this subsection, the Board shall consider: (i) the seriousness of the violation; (ii) the harm caused by the violation; (iii) the good faith of the licensee; (iv) the assets of the licensee; and (v) any history of previous violations by the licensee. (3) The Board shall pay any penalty collected under this subsection into the General Fund of the State. (c) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section: (1) the nature of the crime; (2) the relationship of the crime to the activities authorized by the license; (3) with respect to a felony, the relevance of the conviction to the fitness and qualifications of the applicant or licensee to perform services as an elevator contractor, elevator mechanic, elevator renovator contractor, or elevator renovator mechanic; (4) the length of time since the conviction; and (5) the behavior and activities of the applicant or licensee before and after the conviction.

Md. Code, Public Safety § 12-838

(a) Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board takes any final action under Part III of this subtitle, the Board shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. (b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

Md. Code, Public Safety § 12-839

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Md. Code, Public Safety § 12-840

(a) Except as otherwise provided in Part III of this subtitle, an individual may not perform, attempt to perform, or offer to perform elevator installation, repair, or maintenance work in the State unless licensed by the Board. (b) Except as otherwise provided in Part III of this subtitle, an individual may not assist, attempt to assist, or offer to assist in performing elevator installation, repair, or maintenance work in the State unless licensed by the Board. (c) Except as otherwise provided in Part III of this subtitle, an elevator contractor may not employ an elevator mechanic unless the elevator mechanic is licensed by the Board.

Md. Code, Public Safety § 12-841

(a) Except as provided in subsection (b) of this section, a person who violates Part III of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 for each day that the violation continues or both. (b) A person who knowingly and willfully violates Part III of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $5,000 or both.

Md. Code, Public Safety § 12-842

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, the provisions of this title that create or relate to the Board and any regulations adopted by the Board shall terminate and be of no effect after July 1, 2029.

Md. Code, Public Safety § 12-901

(a) In this subtitle the following words have the meanings indicated. (b) “Authorized inspection agency” means an entity that: (1) is accredited in accordance with the National Board of Boiler and Pressure Vessel Inspectors NB–369; or (2) meets the qualification and definition of the National Board of Boiler and Pressure Vessel Inspectors NB–360. (c) “Board” means the Board of Boiler Rules. (d) “Boiler” means: (1) a closed vessel in which water is heated, steam is generated, steam is superheated, or a combination of these functions is accomplished, under pressure or vacuum for use externally to the vessel by the direct application of heat from the combustion of fuels or from electricity or nuclear energy; or (2) a fired unit for heating or vaporizing liquids other than water if the unit is separate from a processing system and is complete within itself. (e) “Certificate” means a certificate issued by the Chief Boiler Inspector to operate a boiler or pressure vessel. (f) “Certificate inspection” means an inspection, the report of which is used by the Chief Boiler Inspector to determine whether to issue a certificate. (g) “Commissioner” means the Commissioner of Labor and Industry. (h) “Heating boiler” means: (1) a steam boiler that operates at pressures not exceeding 15 psig; or (2) a hot water boiler that operates at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit. (i) “High pressure, high temperature water boiler” means a water boiler that operates at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (j) “Model steam boiler” means a boiler that is: (1) individually fabricated for noncommercial use; (2) used primarily for demonstration, exhibition, or educational purposes; and (3) not for profit. (k) “Power boiler” means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (l) (1) “Pressure vessel” means a vessel in which the pressure is obtained: (i) from an external source; or (ii) by the application of heat from: 1. an indirect source; or 2. a direct source other than a boiler. (2) “Pressure vessel” does not include a pipe, piping component, or structure whose primary function is to transport fluids. (m) “Secretary” means the Secretary of Labor.

Md. Code, Public Safety § 12-902

(a) The General Assembly finds that there have been many incidents of danger to public safety because of improper or inadequate construction, installation, maintenance, use, repair, or inspection of boilers and pressure vessels that operate in the State. (b) The intent of this subtitle is to establish boiler and pressure vessel safety standards in the State to provide a level consistent with the needs of public safety.

Md. Code, Public Safety § 12-903

(a) Except as otherwise provided in this subtitle, this subtitle applies to all boilers and pressure vessels. (b) This subtitle does not apply to: (1) a boiler or pressure vessel that is under federal control or regulation; (2) a pressure vessel that: (i) is used to transport or store compressed gases; (ii) is constructed in compliance with specifications of the U.S. Department of Transportation; and (iii) when charged with gas, is marked, maintained, and periodically requalified for use, as required by the regulations of the U.S. Department of Transportation; (3) an air tank that is located on a vehicle that is operating under the rules of other State authorities and is used for carrying passengers or freight; (4) an air tank that is installed on the right–of–way of a railroad and is used directly in the operation of trains; (5) a pressure vessel that does not exceed: (i) 5 cubic feet in volume and 250 psig pressure; (ii) 1 1/2 cubic feet in volume and 600 psig pressure; or (iii) an inside diameter of 6 inches with no limitation on pressure; (6) a pressure vessel that operates at a working pressure not exceeding 15 psig; (7) subject to subsection (c) of this section, a vessel that contains water under pressure, including a vessel that contains air, the compression of which serves only as a cushion, if neither of the following limitations is exceeded: (i) a design pressure of 300 psig; and (ii) a design temperature of 210 degrees Fahrenheit; (8) a hot water supply boiler that is equipped with a safety relief valve and is directly fired with oil, gas, or electricity if none of the following limitations is exceeded: (i) heat input of 200,000 BTU/hour; (ii) water temperature of 210 degrees Fahrenheit; and (iii) nominal water capacity of 120 gallons; (9) a mechanical device of any of the following types: (i) a pump; (ii) a compressor; (iii) a turbine; (iv) a generator; or (v) a hydraulic or pneumatic cylinder; or (10) the water–containing part of an air–conditioning or refrigeration system condenser or evaporator: (i) that uses halocarbon refrigerant; (ii) that is constructed in accordance with the requirements of ANSI/ASHRAE Standard 15 (the Safety Code for Mechanical Refrigeration) in effect at the time of construction; and (iii) if neither of the following limitations is exceeded: 1. a design pressure of 300 psig; and 2. a design temperature of 210 degrees Fahrenheit. (c) For purposes of subsection (b)(7) of this section, water may contain additives if the ASTM flash point of the aqueous solution at atmospheric pressure is 185 degrees Fahrenheit or higher.

Md. Code, Public Safety § 12-904

(a) There is a Board of Boiler Rules in the Division of Labor and Industry in the Maryland Department of Labor. (b) (1) The Board consists of the following members: (i) as an ex officio member, the Commissioner; and (ii) 10 members appointed by the Governor with the advice of the Secretary and with the advice and consent of the Senate. (2) Of the 10 appointed members of the Board: (i) one shall be a representative of owners and users of power boilers; (ii) one shall be a representative of owners of agricultural, model, or historical steam engine equipment; (iii) one shall be a representative of owners and users of pressure vessels; (iv) one shall be a representative of manufacturers or assemblers of boilers or pressure vessels; (v) one shall be a representative of an insurer authorized to insure boilers or pressure vessels; (vi) one shall be a mechanical engineer on the faculty of a recognized engineering college in the State; (vii) one shall be a stationary engineer; (viii) one shall be a professional engineer with boiler or pressure vessel experience; (ix) one shall be a consumer member; and (x) one shall be a representative with at least 10 years of experience in constructing, installing, and repairing boilers and pressure vessels. (c) (1) The consumer member of the Board: (i) shall be a member of the public; (ii) may not be a licensee or otherwise be subject to regulation by the Board; (iii) may not be required to meet the qualifications for the professional members of the Board; and (iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board. (2) While a member of the Board, the consumer member may not: (i) have a financial interest in or receive compensation from a person regulated by the Board; or (ii) grade any examination given by or for the Board. (d) (1) The term of an appointed member is 4 years. (2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2003. (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. (e) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor 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. (2) 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. (3) 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. (f) The Board shall elect a chairman from among its members. (g) The Commissioner may not vote. (h) (1) The Commissioner may not receive additional compensation as a member of the Board. (2) An appointed member of the Board: (i) may not receive a salary as a member of the Board; but (ii) 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. (i) The Board shall meet with and consult the State Board of Stationary Engineers as necessary but at least one time each year. (j) The exercise or performance of the powers, authority, duties, and functions of the Board under this subtitle is subject to the power and authority of the Secretary.

Md. Code, Public Safety § 12-905

(a) The Board shall formulate regulations for the safe construction, use, installation, maintenance, repair, and inspection of boilers and pressure vessels in the State. (b) The regulations formulated by the Board shall conform as nearly as possible to the requirements of: (1) this subtitle; and (2) the following codes as amended and interpreted: (i) the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers; (ii) the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors; (iii) the Code for Power Piping, B31.1 of the American Society of Mechanical Engineers; (iv) the Code for Controls and Safety Devices for Automatically Fired Boilers, CSD-1 of the American Society of Mechanical Engineers; (v) NFPA 85 Boiler and Combustion Systems Hazards Code; and (vi) the Code for Chemical Plant and Petroleum Refinery Piping, B31.3 of the American Society of Mechanical Engineers. (c) The regulations formulated by the Board may be adopted by the Commissioner subject to the approval of the Secretary. (d) The Board and the Commissioner shall submit proposed amendments to regulations adopted under this subtitle to be consistent with the Maryland Building Rehabilitation Code within 90 days after any amendments to the Maryland Building Rehabilitation Code are adopted by the Department of Housing and Community Development under Subtitle 10 of this title.

Md. Code, Public Safety § 12-906

(a) (1) Whenever the position of Chief Boiler Inspector or deputy boiler inspector becomes vacant, the Secretary of Budget and Management as soon as practicable shall conduct a competitive examination in accordance with Title 7 of the State Personnel and Pensions Article. (2) The examination shall be the same as or equivalent to the examination given by the Board for special inspectors under § 12-907 of this subtitle. (3) With the approval of the Secretary, the Commissioner shall appoint from the successful candidates a Chief Boiler Inspector or deputy boiler inspector. (b) If authorized by the Commissioner, the Chief Boiler Inspector shall: (1) take action necessary to enforce the regulations adopted under this subtitle and the laws of the State that govern the use of boilers and pressure vessels to which this subtitle applies; (2) keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of each boiler and each pressure vessel to which this subtitle applies; (3) issue, and for cause shown, suspend or revoke certificates under § 12-911 of this subtitle; and (4) refer for prosecution each person who violates this subtitle. (c) Each deputy boiler inspector: (1) is responsible to the Chief Boiler Inspector; and (2) shall perform the duties that the Chief Boiler Inspector directs. (d) All money received by the Chief Boiler Inspector from fees shall be deposited in the General Fund.

Md. Code, Public Safety § 12-907

(a) (1) The following entities may request the Commissioner to issue special inspector commissions: (i) an authorized insurer that insures boilers and pressure vessels in the State; or (ii) an authorized inspection agency. (2) On request of an entity described in paragraph (1) of this subsection, the Commissioner may issue a special inspector commission to an individual employed by the entity to serve as a special inspector if the entity and the individual satisfy the requirements of this section. (b) (1) An applicant for a special inspector commission shall be employed by the entity that requests the special inspector commission. (2) An applicant for a special inspector commission shall: (i) hold a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors; or (ii) pass the examination given by the Board under subsection (e) of this section. (c) (1) The employer of an applicant for a special inspector commission shall: (i) submit to the Commissioner an application on the form that the Commissioner requires; and (ii) pay to the Commissioner a fee of $50. (2) The application shall include: (i) the name and qualifications of the individual who will serve as a special inspector; and (ii) evidence that the individual satisfies the requirements of subsection (b) of this section. (d) By regulation, the Commissioner shall establish insurance requirements that an authorized inspection agency must satisfy before a special inspector commission may be issued to an inspector employed by the authorized inspection agency. (e) (1) The Board may give examinations to applicants for special inspector commissions as provided in this subsection. (2) The examination: (i) shall be in writing; (ii) shall be limited to questions the answers to which will help to determine the fitness and competency of the individual for the intended service; and (iii) may consist of questions prepared by the National Board of Boiler and Pressure Vessel Inspectors. (3) (i) An applicant who fails the examination may appeal to the Board for a reexamination. (ii) The reexamination shall be given by the Board within 90 days. (4) The record of an applicant’s examination shall be available to the applicant and the applicant’s employer. (5) The fee for an examination or reexamination is $50. (f) The Commissioner shall issue a special inspector commission to each applicant who meets the requirements of this subtitle. (g) An inspection by a special inspector of a boiler or pressure vessel insured or pressure vessel operated by the employer of the special inspector, or an inspection by a special inspector employed by an authorized inspection agency, exempts the owner or user of the boiler or pressure vessel from the payment to the State of inspection fees required by this subtitle for the boiler or pressure vessel. (h) A special inspector may not receive a salary from or have any expenses paid by the State. (i) (1) A special inspector commission expires 2 years after its effective date. (2) Before a special inspector commission expires, the employer of the special inspector may renew the commission if the employer: (i) pays to the Commissioner a renewal fee of $50; and (ii) submits evidence to the Commissioner that the special inspector: 1. meets the standards imposed by this subtitle; 2. remains in the employment of the employer; and 3. has been trained on current boiler and pressure vessel technology in accordance with regulations adopted under this subtitle. (j) Within 30 days after the termination of the employment of a special inspector, the employer shall return the special inspector commission to the Chief Boiler Inspector. (k) (1) If an identification card of a special inspector is lost or destroyed, the Commissioner shall issue a new identification card in its place without another examination. (2) The fee for replacement of an identification card is $50. (l) (1) After investigation and recommendation by the Board, the Commissioner may suspend the special inspector commission for: (i) incompetence of the special inspector; (ii) untrustworthiness of the special inspector; (iii) willful falsification of any matter or statement contained in the application for the special inspector commission; or (iv) willful falsification of any matter or statement contained in a report of an inspection made by the special inspector. (2) Within 10 days after suspending a special inspector commission, the Commissioner shall give written notice of the suspension to the special inspector and the employer of the special inspector. (3) (i) An individual whose special inspector commission has been suspended may appeal to the Board. (ii) At the hearing on the appeal, the individual may be present and represented by counsel. (4) An individual whose special inspector commission has been suspended may apply for reinstatement of the commission after 90 days following the date of the suspension. (m) (1) If the Board has reason to believe that a special inspector is no longer qualified to hold a commission, the Board shall hold a hearing. (2) The Board shall give at least 10 days’ written notice of the hearing to the special inspector and to the employer of the special inspector. (3) At the hearing, the special inspector and the employer shall have an opportunity to be heard. (4) If after the hearing the Board finds that the special inspector is no longer qualified to hold a commission: (i) the Board shall recommend to the Commissioner that the special inspector commission be revoked; and (ii) the Commissioner shall revoke the special inspector commission immediately.

Md. Code, Public Safety § 12-908

(a) (1) A new boiler or pressure vessel may not be installed and operated in the State unless: (i) the boiler or pressure vessel conforms to the regulations adopted under this subtitle that govern new construction and installation; or (ii) the Board issues a special installation and operating permit for the boiler or pressure vessel. (2) The Board may issue a special installation and operating permit for a boiler or pressure vessel if it: (i) is of special design or construction; and (ii) is not inconsistent with the spirit and safety objectives of the regulations adopted under this subtitle. (b) For existing boiler and pressure vessel installations: (1) the maximum allowable pressure of a boiler or pressure vessel that carries the ASME Code symbol shall be determined by the applicable provisions of the ASME Code under which it was constructed and stamped; and (2) the maximum allowable pressure of a boiler or pressure vessel that does not carry the ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (c) This subtitle does not prevent the use, sale, or reinstallation of an existing boiler or pressure vessel if the boiler or pressure vessel: (1) has been made to conform to the regulations adopted under this subtitle that govern existing installations; and (2) has been inspected and found not to be in an unsafe condition.

Md. Code, Public Safety § 12-909

(a) The requirements of this section and §§ 12–910 and 12–911 of this subtitle do not apply to: (1) a boiler or pressure vessel that is located on a farm and used solely for agricultural purposes; (2) a heating boiler that is located in a private residence or an apartment house with less than six family units; (3) a pressure vessel that: (i) contains only water under pressure for domestic supply purposes, including a pressure vessel that contains air, the compression of which serves only as a cushion or airlift pumping system; and (ii) is located in a private residence or an apartment house with less than six family units; or (4) an exhibition or antique boiler or pressure vessel, including a steam or gas engine, wheat thresher, or antique tractor, if the boiler or pressure vessel: (i) has been inspected and issued a certificate of inspection by another state that has safety requirements equal to or greater than those of this State; and (ii) has been brought into this State to be used in a temporary exhibit or show. (b) The Chief Boiler Inspector or a deputy boiler inspector shall have free access, during reasonable hours, to any premises in the State: (1) to determine whether a boiler or pressure vessel is being constructed for use or installed in the State in accordance with this subtitle; (2) to inspect or investigate an accident or explosion that involves a boiler or pressure vessel; (3) to make an inspection required under this subtitle; or (4) to investigate an inspection of a special inspector. (c) (1) In addition to the certificate inspections required under subsection (d) of this section, the Chief Boiler Inspector or a deputy boiler inspector shall: (i) inspect or investigate accidents and explosions involving boilers and pressure vessels; (ii) respond to and investigate complaints about the operation of boilers and pressure vessels; and (iii) monitor the inspections of special inspectors. (2) The Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency may: (i) make certificate inspections of the installation of new boilers and pressure vessels; and (ii) make certificate inspections of the repair or alteration of boilers and pressure vessels. (3) The Chief Boiler Inspector or a deputy boiler inspector may make a certificate inspection of an antique boiler or pressure vessel or a model steam boiler. (4) Except as provided in paragraphs (1) through (3) of this subsection, if a boiler or pressure vessel: (i) is insured by an insurer, a special inspector employed by the insurer or employed by an authorized inspection agency under contract with the insurer shall make the inspections required under subsection (d) of this section; or (ii) is not insured by an insurer, the owner shall contract with the Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency to make the inspections required under subsection (d) of this section. (5) (i) In this paragraph, “private inspector” means an individual who: 1. has a level II or level III certification from the American Society for Nondestructive Testing (ASNT); and 2. is commissioned as a special inspector by the National Board of Boiler and Pressure Vessel Inspectors. (ii) If a boiler or pressure vessel is an exhibition or antique boiler or pressure vessel, including a steam or gas engine, wheat thresher, model steam boiler, or antique tractor, that will be used in an exhibit or show for noncommercial purposes, the inspections required under subsection (d) of this section may be made by a private inspector. (iii) If a private inspector makes the inspections required under subsection (d) of this section, the private inspector shall file a report with the Chief Boiler Inspector on the results of the inspection. (iv) If the report of the private inspector shows that the exhibition or antique boiler or pressure vessel complies with the requirements of subsection (d) of this section and the regulations adopted under this subtitle, the Chief Boiler Inspector shall issue a certificate to the owner or user of the exhibition or antique boiler or pressure vessel that authorizes it to be used in an exhibit or show for noncommercial purposes. (6) If a boiler or pressure vessel is not insured by an insurer, the Commissioner may contract with an insurer or an authorized inspection agency to have a special inspector who is employed by that insurer or authorized inspection agency make the inspections required under paragraph (1) of this subsection and subsection (d) of this section or conducted under paragraph (2) or (3) of this subsection. (d) (1) Except for boilers and pressure vessels exempt under subsection (a) of this section or § 12–903 of this subtitle, each boiler and each pressure vessel that is used or proposed to be used in the State shall be inspected, tested, and maintained in a safe operating condition in accordance with the regulations adopted by the Commissioner in conjunction with the Board. (2) A certificate inspection required under this subsection shall be: (i) an internal inspection if construction allows; or (ii) an inspection that is as complete as possible. (3) (i) Except for model steam boilers, a power boiler or a high pressure, high temperature water boiler shall: 1. receive a certificate inspection annually; and 2. be externally inspected annually while under pressure, if possible. (ii) The Board may extend to 2 years the interval between certificate inspections of a power boiler if: 1. the power boiler has internal continuous water treatment under the general supervision of a professional engineer who has experience in the treatment of boiler water; and 2. the owner or user of the power boiler keeps available, for examination by the Chief Boiler Inspector or by a deputy boiler inspector or special inspector, accurate records that show: A. the date, time, and reason that the power boiler is out of service; and B. a chemical and physical analysis of samples of the boiler water taken at regular intervals of not more than 48 hours of operation that adequately show the condition of the boiler water and any elements or characteristics of the boiler water that are capable of producing corrosion or other deterioration of the power boiler or its parts. (4) A nuclear vessel within the scope of this subtitle shall be inspected and reported in a form and with appropriate information designated by the Board. (5) (i) Except as provided in paragraph (3) of this subsection, certificate inspections shall be conducted at time intervals set forth in regulations adopted under this subtitle and in accordance with Title 10 of the State Government Article. (ii) The intervals shall protect public safety taking into consideration, consistent with § 12–905 of this subtitle, the design, type, age, extent of automated monitoring, fuel, and operating characteristics of the boiler or pressure vessel. (e) If, at the discretion of the inspector, a hydrostatic test is considered necessary, the owner or user of a boiler or pressure vessel shall make the hydrostatic test. (f) (1) Except as provided in paragraph (2) of this subsection, at least 30 days before installing a boiler or pressure vessel covered by this subtitle, the person who will perform the installation shall give the Commissioner notice of the installation in accordance with regulations adopted under this subtitle. (2) Under emergency circumstances, the person who will perform the installation of a boiler or pressure vessel may give the Commissioner notice of the installation less than 30 days before installation in accordance with regulations adopted under this subtitle. (3) Except for a cast–iron sectional boiler or pressure vessel, each boiler to be installed in the State shall be inspected: (i) during construction or field assembly, as required by regulations adopted under this subtitle, by the Chief Boiler Inspector, a deputy boiler inspector, a special inspector, or an authorized inspection agency; or (ii) if the boiler is constructed outside the State, by an inspector who holds a commission issued by the National Board of Boiler and Pressure Vessel Inspectors. (g) (1) Within 24 hours after an accident or explosion, the owner or user of a boiler or pressure vessel shall give the Chief Boiler Inspector notice of the accident or explosion in accordance with regulations adopted under this subtitle. (2) On notification or information, the Chief Boiler Inspector or a deputy boiler inspector shall investigate each accident or explosion that involves a boiler or pressure vessel covered by this subtitle. (h) (1) The Board shall provide for public safety and therefore has jurisdiction over the interpretation and application of the inspection requirements provided in the regulations adopted under this subtitle. (2) Inspection requirements of operating equipment shall: (i) be in accordance with generally accepted practice; and (ii) be compatible with the actual service conditions, including: 1. previous experience, based on records of performance and maintenance; 2. location, with respect to personnel hazard; 3. provision for related safe operation of controls; and 4. interrelation with other operations outside the scope of this subtitle. (i) The owner or user of a boiler or pressure vessel required by this subtitle to be inspected by the Chief Boiler Inspector or a deputy boiler inspector shall pay directly to the Chief Boiler Inspector, on completion of the inspection, a fee in accordance with the following schedule: (1) certificate inspection: (i) initial certificate inspection of a boiler or pressure vessel not previously inspected in the State no charge (ii) follow–up inspection to determine compliance $50 (2) inspection of an antique or model steam boiler or pressure vessel................................................................................................................................$15 (3) investigation of an accident or complaint no charge (4) other inspections, such as an inspection at a fabrication or repair facility, ASME joint review, or National Board of Inspection Code Repair Review, shall be charged at the following rates, and shall include all expenses such as travel and hotel costs: (i) half day (up to 4 hours) $250 (ii) full day (up to 8 hours) $500

Md. Code, Public Safety § 12-910

(a) (1) Each authorized inspection agency that employs a special inspector shall file with the Chief Boiler Inspector a report on: (i) each certificate inspection; and (ii) any other inspection for which a report is required to be filed under regulations adopted under this subtitle. (2) The report filed under paragraph (1) of this subsection shall: (i) be filed within 30 days after an inspection; and (ii) be in the form required by regulations adopted under this subtitle. (3) For each report not filed electronically, the authorized inspection agency shall pay a $5 report filing fee. (4) Within 24 hours after an inspection, each authorized inspection agency that employs a special inspector shall notify the Chief Boiler Inspector if an inspection reveals a hazardous condition as described in § 12–915(a)(2) of this subtitle that affects the safety of a boiler or pressure vessel. (b) (1) Each person that operates pressure vessels covered by an owner–user inspection service that meets the requirements of this subtitle shall maintain in its files an inspection record that lists, by a Maryland number and by an abbreviated identification description: (i) each pressure vessel covered by this subtitle; (ii) the date of the last inspection of the pressure vessel; and (iii) the approximate date for the next inspection of the pressure vessel, calculated by applying the appropriate rules for inspection to all data available when the inspection record is compiled. (2) The inspection record shall be readily available for examination by the Chief Boiler Inspector or authorized representative during business hours. (3) (i) In addition, the person shall file annually with the Chief Boiler Inspector a statement that: 1. is signed by the professional engineer who supervised the inspections made during the period covered; 2. states the number of pressure vessels covered by this subtitle that were inspected during the year; and 3. certifies that each inspection was conducted in accordance with the inspection requirements of this subtitle. (ii) The statement shall be accompanied by a filing fee of: 1. $5 per pressure vessel, for a statement that covers not more than 25 pressure vessels; 2. $125, for a statement that covers more than 25 but less than 101 pressure vessels; 3. $250, for a statement that covers more than 100 but less than 501 pressure vessels; or 4. $325, for a statement that covers more than 500 pressure vessels.

Md. Code, Public Safety § 12-911

(a) If the report filed in accordance with § 12-910(a) of this subtitle shows that a boiler or pressure vessel complies with regulations adopted under this subtitle, the Chief Boiler Inspector shall issue to the owner or user of the boiler or pressure vessel a certificate that bears the date of inspection, specifies the inspection interval, and specifies the maximum pressure under which the boiler or pressure vessel may be operated. (b) Except as provided in § 12-909(d)(3) of this subtitle, the certificate is valid for the period that corresponds to the interval between certificate inspections as established by regulation under § 12-909 of this subtitle. (c) If the certificate inspection interval for a boiler or pressure vessel is extended under § 12-909(d)(5) of this subtitle, the Chief Boiler Inspector shall promptly issue a certificate to the owner of the boiler or pressure vessel that bears the new expiration date. (d) (1) The certificate shall be posted under glass in the room that contains the boiler or pressure vessel that was inspected. (2) If the boiler or pressure vessel is not located in a building, the certificate shall be posted in a location convenient to the boiler or pressure vessel that was inspected or in any place where the certificate will be accessible to interested parties. (e) (1) The Chief Boiler Inspector or an authorized deputy boiler inspector may suspend a certificate at any time when, in the opinion of the inspector, the boiler or pressure vessel for which the certificate was issued: (i) cannot be operated without danger to public safety; or (ii) is found not to comply with regulations adopted under this subtitle. (2) The suspension of a certificate continues until: (i) the boiler or pressure vessel is made to conform to the regulations adopted under this subtitle; and (ii) the certificate is reinstated. (f) If a boiler or pressure vessel for which a certificate was issued based on the report of a special inspector ceases to be insured by an authorized insurer, the certificate is invalid.

Md. Code, Public Safety § 12-912

The owner or user of a boiler or pressure vessel shall: (1) ensure that the boiler or pressure vessel is operated, inspected, and repaired in accordance with this subtitle and regulations adopted under this subtitle; (2) maintain a copy of inspection, maintenance, and repair records at a central location in accordance with regulations adopted under this subtitle; and (3) make inspection, maintenance, and repair records available to the inspector required to inspect the boiler or pressure vessel.

Md. Code, Public Safety § 12-913

(a) An authorized insurer that provides insurance coverage for boilers or pressure vessels in the State shall: (1) conduct the certificate inspection for each boiler and pressure vessel that the insurer insures by the date the certificate inspection is due; (2) file with the Chief Boiler Inspector the reports required under § 12–910 of this subtitle; (3) develop, maintain, submit, and update, as defined by regulation, a database of all boilers and pressure vessels that the insurer insures in the State and track the date when the certificate inspection for each boiler or pressure vessel is due to ensure that the certificate inspections are due and completed as required under this subtitle; and (4) (i) develop, maintain, and make available to the Commissioner for inspection at the insurer’s place of business in the State a quality assurance program in accordance with regulations adopted under this subtitle; or (ii) submit to the Chief Boiler Inspector evidence of NB–369 accreditation by the National Board of Boiler and Pressure Vessel Inspectors. (b) If more than one insurer provides insurance coverage for a boiler or pressure vessel or if an owner-user employs an individual with a special inspector commission, the insurers or owner-user: (1) may agree to coordinate certificate inspections to ensure that the boiler or pressure vessel is inspected; and (2) shall ensure that responsibility for the certificate inspection is clearly defined.

Md. Code, Public Safety § 12-914

A person who repairs or alters a boiler or pressure vessel shall: (1) give notice to and obtain approval from the Chief Boiler Inspector, a deputy boiler inspector, or a special inspector before beginning a repair or alteration that: (i) affects the working pressure or safety of a boiler or pressure vessel; or (ii) involves fusion welding; (2) repair the boiler or pressure vessel in accordance with regulations adopted under this subtitle; and (3) provide reports, as required by regulations adopted under this subtitle, to the Chief Boiler Inspector and the owner of the boiler or pressure vessel.

Md. Code, Public Safety § 12-915

(a) On inspection, the Chief Boiler Inspector or an authorized deputy boiler inspector may prohibit the use of a boiler or pressure vessel if the inspector determines that: (1) the boiler or pressure vessel or part of it violates a standard, safety code, or regulation adopted under this subtitle; and (2) there is substantial probability that death, serious physical harm, or serious damage to property could result from continued use of the boiler or pressure vessel. (b) (1) To prohibit the use of a boiler or pressure vessel, the Chief Boiler Inspector or an authorized deputy boiler inspector shall give the owner or the owner’s agent notice that use of the boiler or pressure vessel is prohibited. (2) The notice shall describe, in detail: (i) the nature of each alleged violation; (ii) the reason for the prohibition from use; (iii) the penalties of this subtitle; and (iv) if appropriate, a recommendation on how to correct the violation. (c) A copy of the notice under subsection (b) of this section: (1) shall be attached to the boiler or pressure vessel; and (2) may not be removed by any person except the Chief Boiler Inspector or an authorized deputy boiler inspector until the Chief Boiler Inspector or an authorized deputy boiler inspector determines that: (i) each violation described in the notice has been corrected; and (ii) the threat of death, serious physical harm, or serious damage to property resulting from the violation has been eliminated. (d) Use of a boiler or pressure vessel is prohibited while a notice under subsection (b) of this section is posted on the boiler or pressure vessel. (e) If the owner or user of a boiler or pressure vessel continues to use a boiler or pressure vessel after notice is issued under subsection (b) of this section, the Commissioner may assess a civil penalty against the owner or user not exceeding $1,000 per day for each boiler or pressure vessel in violation. (f) (1) An owner or user who is aggrieved by a decision of the Commissioner, the Chief Boiler Inspector, or an authorized deputy boiler inspector under this section may bring an action to modify or vacate the decision on the ground that it is unlawful. (2) An action under this subsection may be brought in the Circuit Court for Baltimore City or in the circuit court for the county where the boiler or pressure vessel is located. (3) In a proceeding under this subsection, a court may not stay a decision of the Commissioner, the Chief Boiler Inspector, or an authorized deputy boiler inspector unless: (i) the court gives the Commissioner notice and an opportunity for a hearing; and (ii) the aggrieved owner or user posts security or meets each condition that the court considers proper.

Md. Code, Public Safety § 12-916

(a) Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who: (1) violates this subtitle; (2) violates a regulation adopted or order issued under this subtitle; or (3) operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate. (b) In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to: (1) the nature or gravity of the violation; (2) the person’s good faith; and (3) the person’s history of previous violations. (c) (1) A person may request a hearing before the Commissioner or the Commissioner’s authorized representative to contest a proposed penalty or an alleged violation of this subtitle. (2) The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection.

Md. Code, Public Safety § 12-917

(a) A person may not: (1) willfully and persistently operate in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate; (2) operate in the State a boiler or pressure vessel at a pressure exceeding that specified on the certificate; or (3) interfere with or impede the official duties of the Commissioner, an authorized representative of the Commissioner, or a member of the Board. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Md. Code, Public Safety § 12-918

This subtitle may be cited as the Boiler and Pressure Vessel Safety Act.

Md. Code, Public Safety § 12-919

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, § 12–904 of this subtitle shall terminate on July 1, 2029.

Md. Code, Public Safety § 12-1001

(a) In this subtitle the following words have the meanings indicated. (b) “Addition” means an increase in: (1) building area; (2) aggregate floor area; (3) height; or (4) number of stories. (c) “Change of occupancy” means a change in the purpose or level of activity in a building or structure that involves a change in application of the local building code requirements. (d) “Construction permit application” means an application for a permit or other governmental approval for a rehabilitation project. (e) “Department” means the Maryland Department of Labor. (f) “Existing building” means a building or structure that was erected and occupied, or was issued a certificate of occupancy, at least 1 year before a construction permit application for the building or structure was made to a local jurisdiction, the Maryland–National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission. (g) “Local jurisdiction” means: (1) a county; or (2) a municipal corporation in the State. (h) “MBRC” means the Maryland Building Rehabilitation Code. (i) “Modification” means: (1) the reconfiguration of a space; (2) the addition or elimination of a door or window; (3) the reconfiguration or extension of a system; or (4) the installation of any additional equipment. (j) “Reconstruction” means: (1) the reconfiguration of a space that: (i) affects an exit or element of the egress access that is shared by more than a single occupant; or (ii) prevents occupancy of the work area because the existing means of egress and fire protection systems, or their equivalent, are not in place or continuously maintained; or (2) extensive modifications. (k) “Rehabilitation project” means construction work undertaken in an existing building that includes repair, renovation, modification, reconstruction, change of occupancy, or addition. (l) (1) “Renovation” means: (i) the change, strengthening, or addition of load bearing elements; or (ii) the refinishing, replacement, bracing, strengthening, upgrading, or extensive repair of existing materials, elements, components, equipment, or fixtures. (2) “Renovation” does not include: (i) reconfiguration of a space; or (ii) interior or exterior painting. (m) “Repair” means the patching, restoration, or minor replacement of materials, elements, components, equipment, or fixtures to maintain them in good or sound condition.

Md. Code, Public Safety § 12-1002

(a) This subtitle is effective notwithstanding any other provisions of law. (b) This subtitle does not supersede the planning, zoning, or subdivision authority of local jurisdictions, the Maryland-National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission.

Md. Code, Public Safety § 12-1003

(a) There is a Maryland Building Rehabilitation Code Advisory Council. (b) The Council consists of the following 27 members: (1) the Secretary of Housing and Community Development or the Secretary’s designee; (2) the Secretary of Labor or the Secretary’s designee; (3) the State Fire Marshal or the Fire Marshal’s designee; (4) the State Historic Preservation Officer or the Officer’s designee; (5) the Secretary of Disabilities or the Secretary’s designee; and (6) the following 22 members appointed by the Governor: (i) one representative of the State Fire Prevention Commission; (ii) four representatives of the building trades who are directly involved or have experience in code setting or code enforcement, including plumbers, electricians, boiler operators, and heating, ventilation, air–conditioning, and refrigeration contractors; (iii) two architects practicing in the State, a significant portion of whose practice includes rehabilitation projects; (iv) one professional engineer; (v) two contractors specializing in rehabilitation construction; (vi) two representatives of county government; (vii) two representatives of municipal government; (viii) two building code officials serving local government; (ix) one commercial and industrial building owner or developer; (x) one multifamily building owner or developer; (xi) two local fire officials; and (xii) two members of the public. (c) The composition of the Council shall reflect the racial, gender, and geographic diversity of the population of the State. (d) (1) The term of an appointed member is 4 years and begins on July 1. (2) The terms of appointed members are staggered as required by the terms provided for members of the Council on October 1, 2003. (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. (5) An appointed member may serve no more than two terms. (e) The Governor shall designate a chairman from among the Council members. (f) A member of the Council: (1) may not receive compensation for service on the Council; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (g) (1) The Secretary of Labor shall appoint the Director of the Council. (2) The Director is a special appointment in the State Personnel Management System. (h) The Council shall: (1) advise the Department on the development and adoption of and amendments to the MBRC; (2) provide technical advice on the interpretation of the MBRC to property owners, design professionals, contractors, and code officials and code appeal boards of local jurisdictions, the Maryland–National Capital Park and Planning Commission, and the Washington Suburban Sanitary Commission; (3) develop the MBRC to the extent possible to avoid increased costs to local jurisdictions resulting from implementation of the MBRC; and (4) to the extent provided in the State budget, provide training on the MBRC for code officials and other public and private construction–related professionals.

Md. Code, Public Safety § 12-1004

(a) (1) The Department, in cooperation with the Maryland Building Rehabilitation Code Advisory Council, the Maryland Department of Labor, and the State Fire Marshal, shall adopt by regulation the Maryland Building Rehabilitation Code. (2) The MBRC shall be modeled on the nationally applicable recommended rehabilitation provisions developed by the United States Department of Housing and Urban Development and the National Association of Home Builders Research Center. (b) The purpose of the MBRC is to encourage and facilitate the rehabilitation of existing buildings by reducing the cost of and constraints on rehabilitation that result from existing procedures and standards. (c) Except as otherwise allowed under this subtitle and Subtitles 2, 3, 4, and 5 of this title, and notwithstanding the Local Government Article, Division II of the Land Use Article, and Division II of the Public Utilities Article and any building codes, mechanical codes, plumbing codes, fire prevention codes, and electrical codes adopted under those articles of the Code, the MBRC applies to all rehabilitation projects for which a construction permit application is received by a local jurisdiction, the Maryland–National Capital Park and Planning Commission, or the Washington Suburban Sanitary Commission after adoption of the MBRC.

Md. Code, Public Safety § 12-1005

(a) At a minimum, the MBRC shall: (1) maintain a level of safety consistent with existing codes; (2) provide for multiple categories of work with multiple compliance standards; (3) be enforceable by local officials using existing enforcement procedures; (4) apply to the repair, renovation, modification, and reconstruction of, a change of occupancy in, and an addition to, an existing building; (5) provide an expedited review process for proposed amendments to the MBRC submitted by a local government or an organization that represents local governments; and (6) provide an opportunity for a person proposing a complex project that involves multiple codes to meet, before submitting a construction permit application, with the local officials, or their designees, responsible for permit approval and enforcement of construction–related laws that apply to the project. (b) To the extent possible, the meeting provided for under subsection (a)(6) of this section shall include the officials responsible for permit approval and enforcement in any of the following areas that apply to the complex project: (1) building code; (2) mechanical code; (3) plumbing code; (4) electrical code; (5) fire prevention code; (6) Boiler Safety Code; (7) energy code; (8) elevator code; and (9) local historic preservation ordinances. (c) The purpose of the meeting provided for under subsection (a)(6) of this section is to anticipate and expedite the resolution of problems that a complex project may have in complying with the MBRC and any other applicable laws.

Md. Code, Public Safety § 12-1006

Within 90 days after the adoption of the MBRC and any subsequent amendments to the MBRC: (1) the Maryland Department of Labor, the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors, the State Board of Plumbing, the Commissioner of Labor and Industry, and the Board of Boiler Rules shall submit proposed amendments to their regulations to make the Mechanical Code, the State Plumbing Code, the Boiler Safety Code, and the Elevator Code consistent with the MBRC; (2) the Department of State Police and the State Fire Prevention Commission shall submit proposed amendments to their regulations to make the State Fire Prevention Code consistent with the MBRC; and (3) the Department shall submit proposed amendments to its regulations to make the Maryland Building Performance Standards, the Safety Glazing Code, the Energy Code, and the Maryland Accessibility Code consistent with the MBRC.

Md. Code, Public Safety § 12-1007

(a) At least every 3 years, the Department, in cooperation with the Maryland Building Rehabilitation Code Advisory Council, shall review the MBRC and adopt any necessary or desirable amendments. (b) (1) A local jurisdiction may adopt amendments to the MBRC that apply only to the local jurisdiction. (2) A municipal corporation whose authority to adopt or amend a building code is limited, by law, by the authority of the county in which it is located, is not subject to an amendment to the MBRC adopted by the county unless the municipal corporation also adopts the amendment. (c) To keep current the central database established under § 12-506 of this title, a local jurisdiction that amends the MBRC shall provide a copy of the amendment to the Department: (1) at least 15 days before the effective date of the amendment; or (2) within 5 days after the adoption of an emergency local amendment. (d) A local jurisdiction that amends the MBRC is not eligible for any funding appropriated above the appropriation in fiscal year 2000 for: (1) circuit rider MBRC inspectors provided under the circuit rider program in the Department; (2) training for the local jurisdiction’s code enforcement officials, as provided for in § 12-1003(h)(4) of this subtitle; (3) a smart growth mortgage program, to be established by the Department under Title 4, Subtitles 2 and 8 of the Housing and Community Development Article; (4) the Neighborhood Conservation Program in the Department of Transportation; and (5) the Rural Legacy Program established under Title 5, Subtitle 9A of the Natural Resources Article. (e) A local jurisdiction that amends the MBRC is not eligible for a priority under the Department of Transportation’s transportation enhancements programs.

Md. Code, Public Safety § 12-1101

(a) In this subtitle the following words have the meanings indicated. (b) “Carbon monoxide alarm” means a device that: (1) senses carbon monoxide; (2) when sensing carbon monoxide, is capable of emitting a distinct and audible sound; (3) is listed and carries the listing of a nationally recognized testing laboratory approved by the Office of the State Fire Marshal; and (4) (i) is wired into an alternating current (AC) powerline with secondary battery backup; or (ii) for a hotel, a lodging or rooming house, or a rental dwelling unit: 1. is wired into an alternating current (AC) powerline with secondary battery backup; 2. is battery–powered, sealed, tamper resistant, and using a long–life battery that has a life of not less than 10 years; or 3. is connected to an on–site control unit that monitors the carbon monoxide alarm remotely so that a responsible party is alerted when the device activates the alarm signal and receives its primary power from a battery or the control unit. (c) (1) “Dwelling” means a building or part of a building that provides living or sleeping facilities for one or more individuals. (2) “Dwelling” includes a one or two family dwelling, multifamily dwelling, hotel, lodging or rooming house, or dormitory. (d) “Hotel” has the meaning stated in § 9–201 of this article. (e) “Install” means to attach to the wall or ceiling of a dwelling in accordance with: (1) the National Fire Protection Association (NFPA) 720 standard for the installation of carbon monoxide warning equipment in dwelling units; and (2) the manufacturer’s recommendations. (f) “Lodging or rooming house” has the meaning stated in § 9–201 of this article. (g) “Rental dwelling unit” has the meaning stated in § 6–801 of the Environment Article. (h) “Sleeping area” has the meaning stated in § 9–101 of this article.

Md. Code, Public Safety § 12-1102

This subtitle only applies to: (1) a dwelling that: (i) relies on the combustion of a fossil fuel for heat, ventilation, hot water, or clothes dryer operation; and (ii) is a newly constructed dwelling for which a building permit is issued on or after January 1, 2008; or (2) a hotel, a lodging or rooming house, or a rental dwelling unit.

Md. Code, Public Safety § 12-1103

A carbon monoxide alarm may be combined with a smoke alarm if the combined device complies with: (1) this subtitle; (2) Title 9 of this article; and (3) American National Standards Institute (ANSI)/Underwriters Laboratories (UL) standards 217 and 2034 or ANSI/UL 268 and 2075.

Md. Code, Public Safety § 12-1104

(a) Except as provided in subsections (b) and (c) of this section, there must be a carbon monoxide alarm installed in a central location outside of each sleeping area within a dwelling subject to this subtitle. (b) For a hotel or a lodging or rooming house, on or after April 1, 2017, there must be a carbon monoxide alarm installed within the dwelling, as follows: (1) on the wall inside each guest room that: (i) contains a device that emits carbon monoxide; (ii) is adjacent to a room or area that contains a device that emits carbon monoxide; (iii) is adjacent to an enclosed unventilated attached garage; or (iv) is connected by ductwork to an enclosed unventilated attached garage or room or area that contains a device that emits carbon monoxide; and (2) on a wall in each room or area that: (i) contains a device that emits carbon monoxide; (ii) is adjacent to a room or area that contains a device that emits carbon monoxide; or (iii) is adjacent to an enclosed unventilated attached garage. (c) For a rental dwelling unit, on or after April 1, 2018, there must be a carbon monoxide alarm installed within the dwelling as follows: (1) outside and in the immediate vicinity of each separate sleeping area; and (2) on every level of the unit, including the basement. (d) Notwithstanding subsections (a), (b), and (c) of this section, if there is a centralized alarm system that is capable of emitting a distinct and audible sound to warn all occupants, the owner of a dwelling may install a carbon monoxide alarm within 25 feet of any carbon monoxide–producing fixture and equipment.

Md. Code, Public Safety § 12-1105

Except as part of routine maintenance, a person may not render a carbon monoxide alarm inoperable.

Md. Code, Public Safety § 12-1106

This subtitle does not prevent a county or municipal corporation from enacting more stringent laws that relate to carbon monoxide alarms.

Md. Code, Public Safety § 12-1201

(a) In this subtitle the following words have the meanings indicated. (b) “Additions” has the meaning stated in the International Swimming Pool and Spa Code. (c) “Alterations” has the meaning stated in the International Swimming Pool and Spa Code. (d) “Department” means the Maryland Department of Labor. (e) (1) “International Swimming Pool and Spa Code” means the first printing of the most recent edition of the International Swimming Pool and Spa Code issued by the International Code Council. (2) “International Swimming Pool and Spa Code” does not include interim amendments or subsequent printings of the most recent edition of the International Swimming Pool and Spa Code. (f) “Local jurisdiction” means the county or municipal corporation that is responsible for implementation and enforcement of the Standards under this subtitle. (g) “Repairs” has the meaning stated in the International Swimming Pool and Spa Code. (h) “Spa” has the meaning stated in the International Swimming Pool and Spa Code. (i) “Standards” means the Maryland Swimming Pool and Spa Standards. (j) “Swimming pool” has the meaning stated in the International Swimming Pool and Spa Code.

Md. Code, Public Safety § 12-1202

(a) This subtitle does not alter or abrogate the authority of: (1) the State Fire Prevention Commission to enforce the Electrical Code under Subtitle 6 of this title; (2) the Public Service Commission to enforce the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article; or (3) the Maryland Department of Health to: (i) enforce the Standards for the design and construction, including additions, alterations, or repairs, of public swimming pools; or (ii) regulate the operation and maintenance of swimming pools and spas. (b) This subtitle does not alter or abrogate any zoning power or related authority of a county or municipal corporation. (c) This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a swimming pool or spa that is not owned or operated by the State.

Md. Code, Public Safety § 12-1203

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Department shall adopt by regulation, as the Maryland Swimming Pool and Spa Standards, the International Swimming Pool and Spa Code, with the modifications incorporated by the Department in accordance with subsection (b) of this section. (ii) The Department shall adopt, as part of the Standards, the provisions of the International Swimming Pool and Spa Code relating to the requirements for additions, alterations, and repairs without modification. (2) The Department shall adopt each subsequent version of the Standards within 18 months after it is issued. (b) Before adopting each version of the Standards, the Department shall: (1) review the International Swimming Pool and Spa Code to determine whether modifications should be incorporated in the Standards; (2) consider changes to the International Swimming Pool and Spa Code to enhance energy conservation and efficiency; (3) subject to the provisions of item (2) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction, including additions, alterations, or repairs, that can be demonstrated to offer additional energy efficiency; (4) consult with the Maryland Department of Health on the effect of the proposed changes on health and safety; (5) accept written comments; (6) consider any comments received; and (7) hold a public hearing on each proposed modification. (c) The Standards apply to each swimming pool or spa in the State for which an application for a permit is received by a local jurisdiction on or after December 31, 2023.

Md. Code, Public Safety § 12-1204

(a) A local jurisdiction may adopt local amendments to the Standards if the local amendments do not: (1) prohibit the minimum implementation and enforcement activities set forth in § 12–1205 of this subtitle; or (2) weaken energy conservation and efficiency provisions contained in the Standards. (b) If a local jurisdiction adopts a local amendment to the Standards, the Standards as amended by the local jurisdiction apply in the local jurisdiction. (c) If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction. (d) A local jurisdiction that adopts a local amendment to the Standards shall ensure that the local amendment is adopted in accordance with applicable local law. (e) To keep the database established under this subtitle current, a local jurisdiction that adopts a local amendment to the Standards shall provide a copy of the local amendment to the Department: (1) at least 15 days before the effective date of the amendment; or (2) within 5 days after the adoption of an emergency local amendment.

Md. Code, Public Safety § 12-1205

(a) (1) (i) Each local jurisdiction shall implement and enforce the most current version of the Standards and any local amendments to the Standards. (ii) Any modification of the Standards adopted by the State on or after December 31, 2022, shall be implemented and enforced by a local jurisdiction not later than 12 months after the modifications are adopted by the State. (2) At a minimum, the local jurisdiction shall ensure that implementation and enforcement of the Standards includes: (i) review and acceptance of appropriate plans; (ii) issuance of permits; (iii) inspection of the work authorized by the permits; and (iv) issuance of appropriate use and occupancy certificates. (3) Each local jurisdiction shall determine the manner in which the minimum implementation and enforcement activities of this subsection are carried out. (b) (1) Except as otherwise provided in this subsection, the county in which a swimming pool or spa is located shall implement and enforce the Standards for that swimming pool or spa in accordance with this subtitle. (2) (i) A municipal corporation that did not adopt a swimming pool and spa code before December 31, 2022, may elect to implement and enforce the Standards in accordance with this subtitle for swimming pools or spas located in the municipal corporation. (ii) If a municipal corporation elects to implement and enforce the Standards under this paragraph, the county in which the municipal corporation is located is not responsible for implementation and enforcement of the Standards in the municipal corporation. (3) A county that did not adopt a swimming pool and spa code before December 31, 2022, shall implement and enforce the Standards in the county unless it elects to negotiate with a municipal corporation in the county to have the municipal corporation implement and enforce the Standards in the county. (4) A municipal corporation that adopted a swimming pool and spa code before December 31, 2022, shall implement and enforce the Standards in the municipal corporation unless it elects to negotiate with the county in which the municipal corporation is located to have the county implement and enforce the Standards in the municipal corporation. (c) A local jurisdiction may charge fees necessary to cover the cost of implementation and enforcement of the Standards and any local amendments to the Standards.

Md. Code, Public Safety § 12-1206

(a) The Department shall maintain a central automated database in accordance with this section. (b) (1) At a minimum, the Department shall include in the database: (i) the Standards; (ii) local amendments to the Standards; (iii) the Electrical Code required under Subtitle 6 of this title; (iv) local amendments to the Electrical Code; and (v) information compiled by the Department under paragraph (2) of this subsection. (2) The Department may compile and include in the database: (i) any information provided by a local jurisdiction on the implementation and interpretation of the Standards by the local jurisdiction; and (ii) interim amendments to the International Swimming Pool and Spa Code including subsequent printings of the most recent edition. (c) The Department shall: (1) make information from the database available to a local jurisdiction, State unit, or other interested party; (2) provide each local jurisdiction with the necessary hardware or software to enable the local jurisdiction to access the information in the database; and (3) coordinate with local swimming pool and spa officials, the State Fire Marshal, and local fire officials in compiling information for the database. (d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the Department may charge a fee for information provided from the database. (ii) The Department may not charge a fee to a State unit or local jurisdiction. (2) The Department may not charge a fee to a local jurisdiction for the ongoing maintenance of the database. (3) Fees collected in accordance with this subsection unexpended at the end of the fiscal year do not revert to the General Fund of the State, but shall be kept in a special fund available to the Department to carry out this subtitle.

Md. Code, Public Safety § 12-1207

(a) The Department may: (1) develop a voluntary forum that may be used, on request of a local jurisdiction, to resolve conflicts that involve the Standards; and (2) adopt regulations to carry out this subtitle. (b) The Department: (1) shall notify each local jurisdiction of each change to the International Swimming Pool and Spa Code and the impact the change will have on the local amendments in that local jurisdiction; (2) may provide training for local swimming pool and spa officials on the Standards and certify the participation of local swimming pool and spa officials in the training; (3) on request, shall provide a local jurisdiction with technical assistance to implement and enforce the Standards; and (4) shall consult with the Maryland Department of Health on the implementation of the Standards in relation to the regulation of the operation and maintenance of swimming pools and spas.

Md. Code, Public Safety § 12-1301

(a) On or before October 1, 2026, the Maryland Green Building Council shall update or develop guidance for the purchase of outdoor lighting fixtures in consideration of recommendations regarding light pollution and color temperature published by the American Medical Association. (b) The Department of Transportation is not subject to any guidelines updated or developed under subsection (a) of this section.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026