reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.07 - Apprenticeship Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				apprenticeship agreement shall be on a form approved by the Council and shall
				contain:
(1) The name and signature of the:
(a) Apprentice;
(b) Program sponsor; and
(c) Parent or guardian, if the apprentice is
				a minor;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.08 - Standards for Hours of Work, Working Conditions, and Related Instruction Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hours of
				Work.
(1) The regular work day and work week
				for apprentices shall conform to all applicable laws and regulations.
(2) Overtime may not:
(a) Interfere with or impair training;
				or
(b) Be detrimental to the health
				and safety of an apprentice.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.09 - Responsibilities of the Sponsor

Current through Register Vol. 51, No. 14, July 12, 2024
The sponsor shall:
A. Recruit and interview applicants, schedule
				testing, instruct applicants on completing applications, and brief applicants
				for interviews;
B. Keep application
				records up to date;
C. Indoctrinate
				new apprentices, assign apprentices for training, and recommend remedial work,
				if needed;
D. Arrange for related
				instruction;
E. Assist in the
				selection of and supervise classroom instructors, supervise the in-class
				instruction, and conduct workshops for instructors, if applicable;
F. Prepare and disburse course materials, and
				revise or update course materials for apprentices, journeypersons, and
				instructors, if applicable;
G.
				Develop, purchase, assemble, and keep in repair all training aids and
				instructional materials for the classroom, if applicable;
H. Maintain accurate records on apprentice
				grades, progress, attendance, and work experience;
I. Evaluate journeyperson's and employer's
				reports on apprentices for the full duration of the apprenticeship;
				and
J. Evaluate the progress of
				apprentice work experience and verify and certify work hours, progress, and
				payroll for those apprentices who are entitled to benefits under the G.I. Bill
				and other local, State, and federal employment and training programs.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.10 - Apprenticeship Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Apprentice
				training shall be provided by a qualified individual who is in a position to
				relate directly to the apprentice's work.
B. The arrangement shall be made known to
				both the apprentice and the individual to whom supervisory responsibility is
				delegated.
C. Qualifications of an
				Instructor.
(1) An instructor shall be a
				capable, practical individual, who is selected or approved by the sponsor or
				one who is designated with this authority by the apprenticeship committee for
				the trade.
(2) The individual
				conducting the training may be a supervisor, a journeyperson, or the
				owner.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.11 - Records and Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A program
				sponsor shall keep, in a manner and form as required by the Council, adequate
				records of all phases of the operation of the apprenticeship program,
				including, but not limited to:
(1) Job
				assignments;
(2)
				Promotion;
(3) Demotion;
(4) Layoff or termination;
(5) Rates of pay or other forms of
				compensation or conditions of work; and
(6) Any other records pertinent to a
				determination of compliance with Labor and Employment Article, Title 11,
				Subtitle 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.12 - Financial Aspects of the Program Sponsor

Current through Register Vol. 51, No. 14, July 12, 2024
The Council shall have reasonable proof and assurance that
				  the program sponsor has adequate financial means to ensure the successful
				  completion of the apprenticeship.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.13 - Inactive Program Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				registered program sponsor does not have a registered apprentice involved in an
				on-the-job training or related instruction activity for a 1-year period, the
				Council shall:
(1) Place the program in
				inactive status; and
(2) Notify the
				sponsor of the inactive status.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.14 - Deregistration of a Registered Program

Current through Register Vol. 51, No. 14, July 12, 2024
Deregistration of a program may be carried out on:
A. The voluntary action of the sponsor by a
				request for cancellation of the registration; or
B. Reasonable cause by the Council
				instituting formal deregistration proceedings in accordance with this
				regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.15 - Request for Cancellation of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
Upon written request for cancellation by the sponsor, the
				  Council may cancel, in writing, the registration of an apprenticeship program
				  subject to, but not limited to, the following:
A. The registration is canceled at the
				sponsor's request with the effective date of the cancellation determined by the
				Council;
B. Within 15 days of the
				date of receipt of cancellation from the Council, the sponsor shall:
(1) Notify all apprentices:
(a) Of the cancellation and its effective
				date,
(b) That the cancellation
				automatically deprives the apprentice of individual registration, and
(c) That the deregistration of the program
				removes the apprentice from coverage for State and federal purposes;
				and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.16 - Formal Deregistration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Reasonable Cause. Deregistration proceedings may be undertaken when the
				apprenticeship program is not conducted, operated, and administered in
				accordance with the registered provisions or the requirements of this chapter.
				Deregistration proceedings for violation of equal opportunity requirements are
				processed in accordance with the provisions of COMAR 09.12.42.
B. Voluntary Correction.
(1) In its discretion, the Council may allow
				the sponsor a reasonable time to achieve voluntary corrective action.
(2) If, after the time allowed by the
				Council, the apprenticeship program is not operating in accordance with the
				registered provisions or requirements, the apprenticeship program shall be
				deregistered.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.17 - Deregistration of Defunct Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				sponsor that has ceased operation of an apprenticeship program without having
				notified the Council and requested voluntary deregistration in accordance with
				Regulation .15 of this chapter may be deregistered in accordance with this
				section.
B. Verification of
				Operation.
(1) If it appears that a program
				sponsor has ceased operations, gone out of business, or moved out of the State,
				the Director shall make reasonable efforts to ascertain whether the program
				sponsor is operating an apprenticeship program.
(2) The Director shall submit to the Council:
(a) A report containing all pertinent facts
				and circumstances concerning the Director's efforts to ascertain whether the
				program sponsor has ceased operating an apprenticeship program; and
(b) Copies of all relevant documents and
				records substantiating the Director's efforts.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.18 - Reinstatement of Program Registration

Current through Register Vol. 51, No. 14, July 12, 2024
An apprenticeship program deregistered under Regulations
				  .14-----.17 of this chapter may be reinstated upon presentation of adequate
				  evidence that the apprenticeship program is operating in accordance with this
				  chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.19 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of
				Hearing.
(1) Within 10 days of receipt of a
				request for hearing, the Council shall request that the Office of
				Administrative Hearings designate an administrative law judge.
(2) The administrative law judge shall give
				reasonable notice of the hearing by certified mail, return receipt requested,
				to the appropriate sponsor.
(3) The
				notice shall include:
(a) A reasonable date,
				time, and place of the hearing;
(b)
				Reference to the provisions of this subtitle under which the hearing is being
				held; and
(c) A concise statement
				of the matters under which the action forming the basis of the hearing is
				proposed to be taken.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.20 - Limitation

Current through Register Vol. 51, No. 14, July 12, 2024
Nothing in this chapter or in an apprenticeship agreement
				  shall operate to invalidate:
A. An
				apprenticeship provision in any collective bargaining agreement between
				employers and employees setting up higher apprenticeship standards;
				or
B. Special provisions for
				veterans, minority persons, or females in the standards, apprentice
				qualifications, or operation of the program or in the apprenticeship agreement,
				which is not otherwise prohibited by law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.21 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complaint
				concerning discrimination or other equal opportunity matter shall be submitted,
				processed, and resolved in accordance with the applicable provisions of COMAR
				09.12.42.
B. Except for matters
				covered under this regulation, any controversy or difference arising under an
				apprenticeship agreement which cannot be adjusted locally, or which is not
				covered by a collective bargaining agreement, may be submitted by an apprentice
				or an authorized representative to the Council for review.
C. Matters covered by a collective bargaining
				agreement shall be submitted and processed in accordance with the procedures
				provided in the agreement.
D. The
				complaint shall:
(1) Be in writing;
(2) Be signed by the complainant or an
				authorized representative;
(3)
				State specific matters complained of, together with all relevant facts and
				circumstances;
(4) Include copies
				of all pertinent documents and correspondence; and
(5) Be submitted within 60 days of the final
				local decision.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.22 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Council or the Secretary may waive or vary particular
				  provisions of this chapter to the extent that the waiver is not inconsistent
				  with applicable law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.45 - Farm Labor Contractor Registration › Section 09.12.45.01 - Resident Agent

Current through Register Vol. 51, No. 14, July 12, 2024
A resident agent shall be an adult or other person as
				  required by Labor and Employment Article, §
									7-302(b)(9),
				  Annotated Code of Maryland, who:
A. Is
				a domiciliary of Maryland; and
B.
				Has agreed to serve as resident agent for the farm labor contractor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.45 - Farm Labor Contractor Registration › Section 09.12.45.02 - Security to Assure Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				After receipt of a certified record of violation pursuant to Labor and
				Employment Article, §
									7-312, Annotated
				Code of Maryland, the Commissioner may require a farm labor contractor to post
				a surety bond or other security:
(1)
				Maintained in the sum of $10,000 for each farm labor contractor required to
				post security;
(2) Signed by the
				farm labor contractor as principal;
(3) Signed by a surety company authorized to
				do business in this State as surety;
(4) Payable to the State of Maryland as
				obligee; and
(5) Conditioned on the
				compliance of the farm labor contractor with the provisions of the laws and
				regulations of this State.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.45 - Farm Labor Contractor Registration › Section 09.12.45.03 - Vehicle Liability Insurance

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				farm labor contractor may not use, or cause to be used, a vehicle to transport
				migrant agricultural workers in this State unless the farm labor contractor has
				purchased an insurance policy in amounts not less than the following:
12 or less passengers
More than 12 passengers
Limit for bodily injuries to or death of one person
$100,000
$100,000
Limit for bodily injuries to or death of all persons
						  injured or killed in any one accident (subject to a maximum of $100,000 for
						  bodily injuries to or death of one person)
$300,000
$500,000
Limit for loss or damage in any one accident to property
						  of others (excluding cargo)
$ 50,000
$ 50,000
B.
				The insurance policy shall be obtained from a company authorized to do business
				as an insurance company in this State.
C. A certificate of insurance in the required
				amounts shall be filed with the Commissioner before the issuance of a
				license.
D. The insurance company
				which has issued the insurance policy shall notify the Commissioner of the
				cancellation of the policy at least 30 days before the cancellation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.45 - Farm Labor Contractor Registration › Section 09.12.45.04 - Citations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance.
(1) If, after investigation, the Commissioner
				believes a farm labor contractor or agricultural operation has violated a
				provision of either the Farm Labor Contractor Act, Labor and Employment
				Article, Title 7, Annotated Code of Maryland, or a regulation adopted to carry
				out this Act, the Commissioner shall, with reasonable promptness, issue a
				citation to the farm labor contractor or agricultural operation.
(2) A citation shall:
(a) Be in writing;
(b) Describe with particularity the nature of
				the alleged violation;
(c)
				Reference the provision of law or regulation allegedly violated; and
(d) State the penalty, if any, that the
				Commissioner proposes to assess under the Farm Labor Contractor Act, Labor and
				Employment Article, Title 7, Annotated Code of Maryland.
(3) A citation shall be accompanied by a
				notice that informs a party cited that, within 15 working days after receipt of
				the citation, the party may submit to the Commissioner a written notice of
				contest to the citation or penalty.
(4) A citation may not be issued after the
				expiration of 6 months following the occurrence of an alleged
				violation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of
				Labor, Licensing, and Regulation.
(2) "ICC" means the organization known as the
				International Code Council.
(3)
				"High performance home" has the meaning stated in Public Safety Article, §
										12-509(a),
				Annotated Code of Maryland.
(4)
				Hotel.
(a) "Hotel" means an establishment
				that offers sleeping accommodations for compensation.
(b) "Hotel" does not include a bed and
				breakfast establishment.
(5) "Industrialized building" has the meaning
				stated in Public Safety Article, §
										12-301(d),
				Annotated Code of Maryland.
(6)
				"Master control device" means:
(a) A control
				that is activated when a person enters the room through the primary room-access
				method; or
(b) An occupancy sensor
				control that is activated by a person's presence in the room.
(7) "Model Performance Code " or
				"Model Code" means the Model Performance Code for building construction as
				detailed in Regulation .03 of this chapter.
(8) "NFPA" means National Fire Protection
				Association, Inc.
(9) Person" means
				any private individual, firm, or corporation and any public officer or
				agency.
(10) "Regulations" means
				the regulations as defined in Regulation .02 of this chapter.
(11) "Secretary" means the Secretary of
				Labor, Licensing, and Regulation or a designated representative.
(12) "State certified inspector" means an
				individual qualified by reason of experience, training, and/or examination, to
				inspect buildings for compliance with the State Model Performance Code, and
				certified pursuant to Regulation .07 of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Title. These
				regulations shall be known and may be cited as the Model Performance Code.
				Except as otherwise indicated, "regulations" as used in this chapter shall mean
				the Model Performance Code.
B.
				Application.
(1) These regulations may not be
				binding upon any subdivision of the State unless the subdivision adopts the
				Model Performance Code, by law, ordinance, or resolution of its governing body
				referring to the Model Performance Code.
(2) For industrialized buildings approved by
				an approved testing facility under COMAR 09.12.52 after the effective date of
				these regulations:
(a) This chapter and the
				codes incorporated by reference apply to any approved building provided that
				construction begins within 6 months after the Department's adoption of the 2024
				edition of the International Building Code; and
(b) The approved testing facility shall state
				in its approval letter to the Department and the manufacturer of the building:
(i) The date of approval; and
(ii) That approval will expire for a building
				unless construction begins within 6 months after Department's adoption of the
				2024 edition of the International Building Code.
(3) For industrialized buildings approved by
				an approved testing facility under COMAR 09.12.52 prior to the effective date
				of these regulations, the previous version of this chapter and the 2018
				International Building Code shall apply provided that construction begins prior
				to 6 months after the effective date of these regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.02-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 2021 International Building Code
				(International Code Council), which is incorporated by reference in COMAR
				09.12.51.04A(1)
				and as modified in COMAR
				09.12.51.04B.
(2) 2021 International Plumbing
				Code (International Code Council) modified as follows:
(a) For industrialized building construction
				delete §404 and replace with COMAR 09.12.53 Maryland Accessibility Code;
				and
(b) For all other building
				construction, the plumbing code requirements and modifications adopted under
				Business Occupations and Professions Article, §§12-101-12 -702,
				Annotated Code of Maryland, apply.
(3) National Electric Code, 2020 Edition
				(NFPA 70), except in Article 210.8(F) Ground-Fault Circuit Interrupter
				Protection for Personnel, Outdoor Outlets Exception include "and heating,
				air-conditioning, and refrigeration equipment that serve the
				dwelling."
(4) 2021 International
				Residential Code for One- and Two-Family Dwellings (International Code
				Council), which is incorporated by reference in COMAR
				09.12.51.04A(2)
				and as modified in COMAR
				09.12.51.04C.
(5) 2021 International Mechanical
				Code (International Code Council).
(6) 2021 International Energy Conservation
				Code (International Code Council), which is incorporated by reference in COMAR
				09.12.51.04A(3)
				and as modified in COMAR
				09.12.51.04D.
(7) 2012 International Green
				Construction Code (International Code Council, 500 New Jersey Avenue, N.W., 6th
				Floor, Washington DC 20001).
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.03 - Model Performance Code

Current through Register Vol. 51, No. 14, July 12, 2024
A. The standards
				incorporated by reference in Regulation .02-1 of this chapter constitute the
				Model Performance Code for building construction in the State.
B. If a builder desires to or has been
				requested to construct a building to the International Green Construction Code
				(IGCC) standards they may use the IGCC in addition to the other codes in this
				regulation.
C. The Department
				encourages home builders to construct new high-performance homes.
D. Copies of these documents are filed in
				special public depositories located throughout the State. A list of these
				depositories is available online at
http://www.dsd.state.md.us
.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.04 - Modifications to Model Performance Code

Current through Register Vol. 51, No. 14, July 12, 2024
A. As stated in Regulation .02B of this
				chapter, the Model Performance Code is not binding on any subdivision of the
				State unless specifically adopted by it. A copy of the law, ordinance, or
				resolution adopting the Model Code shall be sent by the governing body of the
				adopting subdivision to the Secretary. Copies of all subsequent laws,
				ordinances, or resolutions pertaining to the Model Code shall similarly be sent
				by the governing body to the Secretary.
B. After adoption by a subdivision,
				alteration or modification of the Model Code is prohibited without prior
				concurrence of the Secretary.
C.
				The Department will regularly consult with local officials to review the
				application and effectiveness of the Model Code in each adopting
				subdivision.
D. Requests for
				Changes.
(1) Requests for changes,
				modifications, or exceptions to make the Model Code more effective and useful
				in any subdivision shall be submitted in writing by certified mail, return
				receipt requested, to the Secretary by the appropriate authority in the
				subdivision, together with the reasons for the request.
(2) Upon receipt of a request, the Secretary
				may:
(a) Concur with it;
(b) Take no action for a period of 30 days
				after receipt of the request, which shall be deemed concurrence; or
(c) Deny the request and notify the
				requesting subdivision in writing. The Secretary may utilize the 30-day period
				provided hereby for informal consultation with the requesting subdivision and
				with any other individuals or groups.
(3) Concurrence with requests for special
				Model Code provisions to meet local conditions will not be unreasonably
				withheld.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.05 - Appeals of Code Interpretations or Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a subdivision provides for a body and
				procedures to hear building appeals, any person aggrieved by any application or
				interpretation of the Model Code may obtain review under the
				procedures.
B. Review by this
				Department shall be granted:
(1) If requested
				by the appeals body referred to in §A.
(2) If requested by the aggrieved party
				before commencement of appeal procedures provided by the subdivision. In that
				case, the Director of the Building Codes Administration may, in the Director's
				discretion, decline to review the question of interpretation or application and
				remand the question to the subdivision, because the question is of insufficient
				importance or can be resolved more readily at a local level, or for other
				reasons. The action is not reviewable.
(3) When a building appeals procedure is not
				provided by the subdivision.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.06 - Code Improvements

Current through Register Vol. 51, No. 14, July 12, 2024
Any recommendations for changes to improve these regulations
				  should be submitted to the Secretary with an explanation of the modification
				  desired.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.50 - Model Performance Code › Section 09.12.50.07 - Training and Certification of Building Inspectors

Current through Register Vol. 51, No. 14, July 12, 2024
In order to assist local jurisdictions to effectively
				  administer the Model Performance Code, the Department has the responsibility to
				  train and certify building code enforcement officials in any jurisdiction where
				  the Model Performance Code is in effect.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.01 - Title

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter shall be known and may be cited as the Maryland
				  Building Performance Standards Regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.02 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to adopt the International
				  Building Code (IBC), the International Residential Code (IRC), and the
				  International Energy Conservation Code (IECC), as may be modified by the
				  Department, as the Maryland Building Performance Standards, which will provide
				  reasonable protection to the public against hazards to life, health, and
				  property, and to establish the policies and procedures associated with the
				  operation of a data base that contains the Standards, the local amendments, and
				  other related information.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) Agricultural Building.
(a) "Agricultural building", for purposes of
				Regulation .06B of this chapter only, means a structure designed and
				constructed to house farm implements, hay, grain, poultry, livestock, or other
				horticultural products.
(b)
				"Agricultural building" does not include a place of human residence.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.04 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following documents are incorporated by reference:
(1) 2021 International Building Code
				(International Code Council);
(2)
				2021 International Residential Code for One- and Two-Family Dwellings
				(International Code Council); and
(3) 2021 International Energy Conservation
				Code (International Code Council).
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.05 - Maryland Building Performance Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The IBC, IRC, and IECC, as modified in
				Regulation .04 of this chapter, shall constitute the Maryland Building
				Performance Standards.
B. Local
				Amendments.
(1) Each local jurisdiction:
(a) May by local amendment modify the
				provisions of the Standards to address conditions peculiar to the local
				jurisdiction's community;
(b) May
				adopt and amend the IGCC to be part of the Standards applicable in the local
				jurisdiction.
(c) May not adopt any
				amendments that weaken the requirements of the IECC or Chapter 13 of the
				IBC;
(d) Except as set forth in
				Public Safety Article, §
											12-504(a)(1)(iii),
				Annotated Code of Maryland, may not adopt any amendments that weaken the
				automatic fire sprinkler systems provisions for townhouses and one- and
				two-family dwellings contained in the Standards; and
(e) May not adopt amendments that weaken the
				wind design and wind-borne debris provisions contained in the
				Standards.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.06 - Application of the Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Except as provided in §§B and C of this regulation, the Standards
				shall apply to all buildings and structures within the State for which a
				building permit application is received by a local jurisdiction.
B. A local jurisdiction shall implement and
				enforce the Standards and any local amendments within 12 months of the
				effective date of any amendments by the Department to this chapter.
C. The provisions of Public Safety Article,
				§
									12-508, Annotated Code
				of Maryland, modify and determine the applicability of the Standards to
				agritourism.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.07 - Utilization of Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Central
				Data Base.
(1) The Department shall establish
				an automated central data base which shall contain or provide a link to access
				the following information:
(a) The
				Standards;
(b) Local
				amendments;
(c) State Fire
				Prevention Code and amendments to the State Fire Prevention Code promulgated by
				the State Fire Prevention Commission, or the State Fire Prevention Commission's
				successor;
(d) The fire codes
				adopted by the local jurisdictions and any amendments to them;
(e) The electrical code required under Public
				Safety Article, §
											12-603, Annotated Code
				of Maryland;
(f) Local amendments
				to the electrical code required under Public Safety Article, §
											12-603, Annotated Code
				of Maryland;
(g) Local code
				provisions that are more restrictive than the IECC as modified in Regulation
				.04 of this chapter and the energy code defined under Public Utilities Article,
				§7-401, Annotated Code of Maryland;
(h) The Maryland Building Rehabilitation
				Code; and
(i) Local amendments to
				the Maryland Building Rehabilitation Code.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.08 - Enforcement of the Standards

Current through Register Vol. 51, No. 14, July 12, 2024
Enforcement of the Standards shall be the responsibility of
				  the local jurisdiction in which the building or structure is
				  located.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.51 - Maryland Building Performance Standards › Section 09.12.51.09 - Enforcement of State Fire Code Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
There is a State Fire Code, Public Safety Article 38A,
				  §§6-101 -6-602, Annotated Code of Maryland, and COMAR 29.06.01, which
				  requires enforcement of the Fire Code by the State Fire Marshal or authorized
				  fire official.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.01 - Authority and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				is adopted pursuant to Public Safety Article, §
									12-305, Annotated Code
				of Maryland, in order to implement, interpret, make specific, and otherwise
				carry out the provisions of Public Safety Article, Title 12, Subtitle 3,
				Annotated Code of Maryland, known as the Industrialized Building and
				Manufactured Homes Act.
B. Former
				regulations as originally adopted effective July 1, 1972, included
				industrialized buildings and manufactured homes. The HUD Manufactured Home
				Construction and Safety Standards superseded the State standards for
				manufactured homes on June 15, 1976. Approval of manufactured home inspection
				agencies and manufactured home plans is also now a responsibility of HUD or its
				agent, so these regulations pertain primarily to industrialized buildings.
				Regulation .15 does, however, cover the functions of the Department as a State
				Administrative Agency under HUD programs. Related manufactured home functions,
				such as handling of consumer complaints and monitoring of primary inspection
				agencies, are not covered by this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.03 - Enforcement Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
				These regulations shall be enforced as prescribed by the Act.
B. Inspection by Department. The Department
				may enter any industrialized building unit or manufactured home, at a
				reasonable time and manner, to inspect it for compliance with this chapter. If
				the inspection shows a violation, the Department may order the responsible
				person to bring the unit into compliance within a reasonable time fixed in the
				order. The order may be appealed to the Secretary who will investigate promptly
				and affirm, revoke, or modify the order.
C. Failure to Comply with Department Order.
				If the Department has determined, under Regulation .03B, that a violation
				exists, and the responsible person fails to bring the unit into compliance, the
				Secretary may refer the violation to the appropriate state's attorney, or
				suspend or cancel the manufacturer's approval, or both, as necessary to ensure
				compliance.
D. Limitation of
				Manufacturer's Liability. The manufacturer of the unit may not be required to
				remedy violations caused by on-site work by others not under his control or
				violations involving components and material furnished by others and not
				included with the unit.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.04 - Enforcement in Localities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Reports to the Secretary. Each governmental jurisdiction shall furnish monthly
				notice to the Department, on forms supplied by the Department, of each
				industrialized building being erected or installed in its jurisdiction, giving
				the State insignia number, type or model, manufacturer's name, and any other
				data needed to properly identify each unit. In lieu of these reports, the
				jurisdiction may complete and forward the location report form shipped with
				each unit. Manufacturers shall also furnish this same information to the
				Department on a monthly basis, indicating the destination of all units shipped
				for erection or installation in the State. These reports shall be submitted no
				later than the 10th day of the following month.
B. Unlabelled Industrialized Building Units.
				Any industrialized building which does not carry the insignia of the
				Department, but which by reason of date of manufacture, may lawfully be sold or
				installed, is subject to the control of the local governing body within whose
				jurisdiction it is to be installed. When this building is offered for sale, the
				person to whom it is offered shall be specifically advised in writing by the
				seller or manufacturer that the building does not carry State certification
				and, therefore, is subject to local building code requirements.
C. Local Enforcement Requirements. In
				addition to the matters reserved to city and county government by Public Safety
				Article, §
									12-303, Annotated Code
				of Maryland, the local enforcement agency shall verify that the unit bears the
				required insignia and inspect the unit for damage in transit. Local enforcement
				agencies shall be responsible for inspecting all the work to be done at site,
				including, but not limited to the installation, erection, foundation, site
				work, and utilities connections, for compliance with the terms of certification
				and applicable law. If local enforcement agencies find violations of the
				Department's requirements, either due to transit damage or improper
				construction in the factory, they shall forward notice of these violations to
				the Department. If violations or defects are created by the on-site builder,
				the local enforcement agency is responsible for insuring that the unit is
				brought back into compliance, or for bringing the violation to the attention of
				the Department.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.05 - Variance from Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall have the power to authorize variances
				  from the regulations to permit specified alternative methods of construction
				  which will fulfill the objectives of the Act. Requests for variances shall be
				  in writing and shall be accompanied by the plans, specifications, and other
				  information necessary for adequate evaluation. Before any variance is
				  authorized, the local building officer having jurisdiction may be afforded an
				  opportunity to present his views and recommendations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.06 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
Industrialized building units shall be reasonably safe for
				  the users, shall be designed to conserve energy, and shall provide reasonable
				  protection to the public against hazards to life, health, and property.
				  Compliance with all applicable requirements of the standards and codes
				  specified in Regulations .07 and .08 shall be acceptable evidence of compliance
				  with this provision. When industrialized building units are combined with each
				  other or with other components, compliance of the entire resulting building
				  with all applicable requirements of the standards and codes specified in
				  Regulations .07 and .08 shall be acceptable evidence of compliance with this
				  provision.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.07 - Reference Standards

Current through Register Vol. 51, No. 14, July 12, 2024
The standards identified in the Model Performance Code which
				  are incorporated by reference in COMAR 09.12.50 shall constitute the reference
				  standards for industrialized building construction in the
				  State.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.08 - Energy Conservation Standards

Current through Register Vol. 51, No. 14, July 12, 2024
All industrialized buildings shall be designed to meet all
				  the applicable energy conservation standards as identified in the State Model
				  Performance Code (COMAR 09.12.50). In using these standards, the design shall
				  be based on a minimum of 5,200 degree days.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.10 - Label

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approved Testing
				Facility Label. Every approved industrialized building unit shall be marked
				with a label identifying the approved testing facility which performed the
				inspection. Each label shall bear the following information directly or by
				reference:
(1) Name of approved testing
				facility;
(2) Type of
				industrialized building unit;
(3)
				Serial number of the label;
(4)
				"See Data Plate for Special Instructions".
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.11 - State Certification Insignias

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effect of Affixing State Certification
				Insignias. The approved testing facility shall affix a State certification
				insignia to every industrialized building unit which has been found to be in
				full compliance with all applicable standards of the Department. The manner of
				affixing is prescribed in Regulation .10. The legal effect of affixing the
				State certification insignia is a certification by the approved testing
				facility, additional to the certification represented by the label of the
				approved testing facility, that the unit has been inspected and complies in all
				respects with the requirements of these Regulations.
B. Issue of Certification Insignias. Approved
				State certification insignias shall be purchased from the Department. The
				insignias will be issued to the approved testing facilities only upon written
				request, accompanied by advance payment.
C. Control of Insignias. Each approved
				testing facility shall maintain close control of the State certification
				insignias to insure their proper use. The facility shall submit to the
				Department a monthly report itemizing the insignias issued to the manufacturers
				by serial numbers, and stating the number of State insignias on hand at the end
				of each month.
D. Report of
				Shipments. The manufacturer shall send to the Department a monthly report of
				units shipped, showing the State certification insignia numbers, manufacturer's
				serial numbers, approved testing facilities' serial numbers, type or model, and
				destination in the State. The report shall be sent no later than the 10th day
				of the following month.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.52 - Industrialized Buildings and Manufactured Homes › Section 09.12.52.12 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The annual
				application fee is $500. When a manufacturer has more than one plant producing
				approved models, an additional $500 application fee for each additional plant,
				with details on each plant as part of the quality control manuals, will be
				required.
B. When a design is
				unusual, and involves special analysis, the Department will also charge a rate
				of $25 per man-hour to cover its added costs. When practical, the Department
				will estimate costs before submittal and provide a report on hourly activities.
				If the complexity or sophistication of the system requires, or if the applicant
				so chooses, the Department may submit the plan for the system to an approved
				independent testing agency or consulting engineer for evaluation. In this case,
				the applicant will be required to pay whatever costs the agency may charge. If
				the applicant chooses to obtain prior analysis by an approved testing agency
				before submission, the Secretary will consider this in determining the charges
				to be made by the Department. However, test reports from the approved agency
				shall be submitted with the original application.
C. State Insignia Fees.
(1) Insignia fees for the certification of
				industrialized building construction at the manufacturing facility are as
				follows:
(a) Residential structures-$50 for
				each insignia;
(b) Other
				structures-$90 for each insignia.