reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-903 - Applicability and Scope of Subtitle

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-905 - Regulations for Boilers and Pressure Vessels

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-906 - Inspectors -- Chief Boiler Inspector and Deputy Boiler Inspectors

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-908 - Standards for Boilers and Pressure Vessels

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-910 - Inspections -- Reports by Special Inspectors

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-911 - Inspections -- Certificates

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-912 - Duties of Owners or Users

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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-913 - Duties of Authorized Insurers

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-914 - Duties of Persons Who Alter or Repair Boilers and Pressure Vessels

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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-915 - Prohibition on Use of Boiler or Pressure Vessel

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-916 - Civil Penalties

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 9 - Boiler and Pressure Vessel Safety Act › Section 12-917 - Prohibited Acts; Penalty

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 10 - Maryland Building Rehabilitation Code › Section 12-1001 - Definitions

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 10 - Maryland Building Rehabilitation Code › Section 12-1002 - Effect of Subtitle

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 10 - Maryland Building Rehabilitation Code › Section 12-1004 - Maryland Building Rehabilitation Code -- in General

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 10 - Maryland Building Rehabilitation Code › Section 12-1005 - Contents

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 10 - Maryland Building Rehabilitation Code › Section 12-1006 - Conforming Changes to Other Codes and Standards

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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 10 - Maryland Building Rehabilitation Code › Section 12-1007 - Amendments

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 11 - Carbon Monoxide Alarms › Section 12-1101 - Definitions

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 11 - Carbon Monoxide Alarms › Section 12-1102 - Scope

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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 11 - Carbon Monoxide Alarms › Section 12-1103 - Combination of Carbon Monoxide and Smoke Alarms

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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 11 - Carbon Monoxide Alarms › Section 12-1104 - Installation of Alarms

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1201 - Definitions

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1202 - Certain Authorities Not Altered by Subtitle

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1203 - International Swimming Pool and Spa Code Adopted as State Standards -- Department Duties Prior to Adoption -- Applicability of Standards

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1204 - Local Amendments to Standards -- Copies to Department

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1205 - Adoption by Local Jurisdictions -- Implementation and Enforcement by County -- Fees Charged

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1206 - Central Automated Database -- Items Included -- Duties of Department -- Fees Charged for Information Provided

(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.
2023 Maryland Statutes › Public Safety › Title 12 - Building and Material Codes; Other Safety Provisions › Subtitle 12 - Maryland Swimming Pool and Spa Standards › Section 12-1207 - Responsibilities of Department

(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.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 1 - Definitions › Section 13-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Department” means the Military Department.
(c)    “Maryland Defense Force” means the military force established under Subtitle 5 of this title.
(d)    “National Guard” means the Maryland Army National Guard and Maryland Air National Guard.
(e)    (1)    “State active duty” means military duty performed in service of the State by a unit or member of the militia under orders issued by the Governor under Article II, § 8 of the Maryland Constitution or § 13-702 of this title.
(2)    Unless the Governor specifically provides otherwise, “State active duty” does not include drill periods, preparation for drill periods, annual training, or other equivalent training or duty conducted under orders issued under Title 10 or Title 32 of the United States Code.