reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.15 - General Environment

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				manufacturer wind-related and weather-related restrictions shall be complied
				with.
B. In the event of lightning,
				winds gusting in excess of 25 mph, a tornado watch, a severe storm predicted
				within a 5 mile radius, fire, or other disturbance, an owner shall implement
				the following:
(1) Users shall be unloaded or
				evacuated safely from the inflatable amusement attraction immediately;
				and
(2) The inflatable amusement
				attraction shall be closed and secured immediately.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.16 - Fire Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Flammable
				and Combustible Liquids.
(1) An owner shall
				store and handle flammable and combustible liquids consistent with the
				applicable National Fire Protection Association (NFPA) standards.
(2) An owner may not handle or fuel equipment
				with flammable liquids within 20 feet of an inflatable amusement
				attraction.
(3) An owner shall
				store flammable and combustible liquids at least 75 feet from an inflatable
				amusement attraction or other spark-producing equipment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.17 - Equipment and Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. Guarding.
(1) The owner shall ensure that machinery is
				guarded to prevent contact with belts, fan blades, or similar moving
				components.
(2) Guards shall be:
(a) Designed to perform a specific
				task;
(b) Properly secured;
				and
(c) Properly maintained in a
				condition consistent with the intent of the guard's design.
(3) Before a guard is removed for
				maintenance purposes:
(a) The equipment shall
				be locked out or tagged out; and
(b) The guard shall be replaced before normal
				operation is resumed.
(4) A guard shall be designed so that it does
				not pose a hazard itself.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.18 - Location and Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Assembly
				and Disassembly.
(1) The assembly and
				disassembly of an inflatable amusement attraction shall be performed:
(a) In accordance with the manufacturer's
				procedures and specifications; and
(b) Using only manufacturer specified
				components, fasteners, tools, replacement parts, and materials.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.19 - Electrical Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Electrical systems, conductors, and equipment installed on or used in
				conjunction with inflatable amusement attractions shall conform to the
				requirements of the National Electrical Code, ANSI/NFPA #70-2005.
B. Each owner shall ensure that electrical
				systems required to operate the inflatable amusement attractions are maintained
				by a qualified person.
C. Wiring
				Methods.
(1) Flexible cords used with
				temporary and portable lights and extension cord sets used in conjunction with
				inflatable amusement attractions shall be:
(a) Suitable for location (physical
				damage);
(b) Suitable for use
				(outdoor);
(c) Suitable for voltage
				(insulation rating); and
(d)
				Adequate for ampacity (conductor size).
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.20 - Rules of Procedure for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
All contested case hearings before the Commissioner shall be
				  governed by COMAR 09.01.02.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.66 - Inflatable Amusement Attractions › Section 09.12.66.21 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application for
				Variance.
(1) An affected owner may apply to
				the Commissioner for a variance from any regulation adopted under Business
				Regulation Article, Title 3, Annotated Code of Maryland.
(2) An application for variance shall be in
				writing and shall include:
(a) The name and
				address of the applicant;
(b)
				Identification of the regulation from which the applicant seeks a
				variance;
(c) The location,
				equipment, and practices involved;
(d) A detailed statement of the applicant's
				reasons for requesting a variance;
(e) A statement of the steps the applicant
				has taken and will take, with specific dates when appropriate, to protect the
				public against the specific hazard covered by the regulation; and
(f) Any request for a hearing.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.71 - Arbitration of Labor Disputes, Elections, and Other Related Matters › Section 09.12.71.01 - Procedure for Public Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Commissioner of Labor and Industry, or the Commissioner's designee, shall
				be the hearing officer.
B. The
				hearing officer shall:
(1) Call the title of
				the case;
(2) Briefly explain the
				purpose and nature of the hearing;
(3) Administer the oath to all persons who
				are summoned or intend to testify; and
(4) Receive any stipulations entered into by
				the parties.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.01 - Safety Code for Elevators and Escalators

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) The following sections set out the dates
				on which ANSI/ASME codes and supplements as required by Public Safety Article,
				§
										12-805, Annotated Code
				of Maryland, became effective.
(2)
				The applicable adopted safety code will be contingent upon the date the
				contract to install an elevator unit is signed.
(3) Documentation verifying the contract date
				shall be provided as part of the registration process.
(4) The elevator unit shall undergo a final
				acceptance inspection within 3 years of the contract date or the next
				subsequent adopted safety code shall be applied.
(5) Requirements prescribed at the time of
				the initial elevator certification remain in effect.
(6) Frequency of inspection requirements set
				forth in ANSI Code shall be performed annually, according to Public Safety
				Article, §
										12-812, Annotated Code
				of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.01-1 - 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) "First aid" has the meaning stated in
				29 CFR §
											1904.7(b)(5)(ii).
(2) "Incident" means an event that results in
				significant property damage or a major operational malfunction that is not
				consistent with manufacturer specifications.
(3) "Incident report" means a completed
				Division of Labor and Industry incident record form.
(4) "Inclined platform lift" means a hoisting
				and lowering mechanism equipped with a platform and seat that:
(a) Moves in guides in a diagonal plane from
				one level to another with limited travel, operating speed, and platform area;
				and
(b) Is intended for
				transportation of mobility-impaired persons.
(5) "Inspection report" means a completed
				Division of Labor and Industry inspection report form.
(6) "Passenger elevator" means an elevator
				used primarily to carry persons other than the operator and persons necessary
				for loading and unloading.
(7)
				"Qualified" means a person who, by possession of a recognized degree in an
				applicable field or certificate of professional standing, or who, by extensive
				knowledge, training, and experience, has successfully demonstrated the ability
				to solve problems relating to elevator safety.
(8) "Safety Code" has the meaning stated in
				Public Safety Article, §
										12-801, Annotated Code
				of Maryland.
(9) "Serious injury"
				means an injury that requires medical treatment by a physician other than
				one-time first aid, which other treatment does not include diagnostic
				procedures such as x-ray after the one time treatment, even if provided by a
				physician.
(10) "Serious injury
				record" means a completed Division of Labor and Industry serious injury record
				form.
(11) "Test report" means a
				completed Division of Labor and Industry test report form.
(12) "Third-Party Qualified Elevator
				Inspector Report and Checklist" means a completed Division of Labor and
				Industry Third-Party Qualified Elevator Inspector Report and Checklist
				form.
(13) "Vertical platform lift"
				means a hoisting and lowering mechanism equipped with a partially enclosed
				platform that:
(a) Moves in guides in a
				substantially vertical direction with limited travel, operating speed, and
				platform area; and
(b) Is intended
				for transportation of mobility-impaired persons.
(14) "Witness", as it appears in the Safety
				Code, means to observe or to verify that testing has been performed by a
				qualified individual in accordance with the Safety Code.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.02 - Safety Standard for Platform Lifts and Stairway Chairlifts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) The following sections set out the dates
				on which ANSI/ASME codes and supplements for platform lifts and stairway
				chairlifts, as required by Public safety Article, §
										12-805, Annotated Code
				of Maryland, became effective.
(2)
				Requirements prescribed at the time of the initial platform lift and stairway
				chairlift certification remain in effect.
(3) ASME A18.1-1999 Safety Standard for
				Platform Lifts and Stairway Chairlifts is incorporated by reference and is
				effective April 1, 2002.
(4) ASME
				A18.1a-2001 Addenda to ASME A18.1-1999 Safety Standard for Platform Lifts and
				Stairway Chairlifts is incorporated by reference, as amended, and is effective
				March 4, 2013.
(5) ASME A18.1b-2001
				Addenda to ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway
				Chairlifts is incorporated by reference, as amended, and is effective March 4,
				2013.
(6) ASME A18.1-2003 (Revision
				of ASME A18.1-1999) Safety Standard for Platform Lifts and Stairway Chairlifts
				is incorporated by reference, as amended, and is effective March 4,
				2013.
(7) ASME A18.1-2005 (Revision
				of ASME A18.1-2003) Safety Standard for Platform Lifts and Stairway Chairlifts
				is incorporated by reference, as amended, and is effective March 4,
				2013.
(8) ASME A18.1-2008 (Revision
				of ASME A18.1-2005) Safety Standard for Platform Lifts and Stairway Chairlifts
				is incorporated by reference, as amended, and is effective March 4,
				2013.
(9) ASME A18.1-2011 (Revision
				of ASME A18.1-2008) Safety Standard for Platform Lifts and Stairway Chairlifts
				is incorporated by reference.
(10)
				ASME A18.1-2014 (Revision of ASME A18.1-2011) Safety Standard for Platform
				Lifts and Stairway Chairlifts is incorporated by reference.
(11) ASME A18.1-2017 (Revision of ASME
				A18.1-2014) Safety Standard for Platform Lifts and Stairway Chairlifts is
				incorporated by reference.
(12)
				ASME A18.1-2020 (Revision of ASME A18.1-2017) Safety Standard for Platform
				Lifts and Stairway Chairlifts is incorporated by reference.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.03 - Notice of Planned Completion

Current through Register Vol. 51, No. 14, July 12, 2024
A. At
				least 60 days before the planned completion of an elevator, dumbwaiter,
				escalator, or moving walk, an owner or lessee shall provide the Commissioner
				with written notice of the planned completion, which shall contain the
				following information:
(1) Contractor name,
				contact person, address, telephone number, and fax number;
(2) Site name, address, and telephone
				number;
(3) Type of elevator,
				dumbwaiter, escalator, or moving walk;
(4) Date of planned completion;
(5) Name of manufacturer; and
(6) Tentative date of use.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.04 - Final Acceptance Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. A final acceptance inspection by the
				Commissioner is required before the Commissioner may issue a certificate of
				registration and inspection on all new or modified elevator units.
B. A contractor shall request a final
				acceptance inspection at least 30 days before the date the contractor requests
				for the final acceptance inspection to be conducted.
C. A contractor may cancel a scheduled
				inspection under this regulation by written notice to the Commissioner at least
				24 hours before the scheduled inspection.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.04-1 - Third-Party Qualified Elevator Inspectors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Qualifications.
(1) A third-party qualified elevator
				inspector shall have a valid qualified elevator inspector certification issued
				by an organization accredited by the American Society of Mechanical
				Engineers.
(2) A third-party
				qualified elevator inspector shall be:
(a) An
				independent elevator consultant;
(b) Employed by an independent inspection
				agency; or
(c) Employed by the
				insurer of the elevator unit.
(3) A third-party qualified elevator
				inspector shall be registered with the Commissioner before performing
				inspections pursuant to Public Safety Article, §
										12-809(d),
				Annotated Code of Maryland.
(4) A
				third-party qualified elevator inspector, who meets the qualifications set
				forth in §A(1) and (3) of this regulation, but does not meet the
				qualifications set forth in §A(2) of this regulation, is authorized to
				conduct only pre-final inspections under Public Safety Article, §
										12-810(c)(2),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.05 - Inspections by State Inspector

Current through Register Vol. 51, No. 14, July 12, 2024
An inspection by the Commissioner as provided for in Public
				  Safety Article, §
									12-809(a),
				  Annotated Code of Maryland is required before a certification of registration
				  and inspection is issued.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.06 - Record Keeping and Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Record Keeping.
(1) At a readily accessible
				central location in the building where the elevator unit is located, a
				contractor, owner, or lessee shall maintain:
(a) A legible hard copy of maintenance,
				repair, test, and inspection records; or
(b) An electronic copy of maintenance,
				repair, test, and inspection records in an electronic format approved by the
				Commissioner for that location.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.07 - Owner Inspection Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner shall hire a third-party
				qualified elevator inspector who is registered and authorized to perform
				periodic annual inspections under Regulation .05-1 of this chapter to conduct
				inspections under Public Safety Article, §
									12-809(d),
				Annotated Code of Maryland.
B. An
				inspection by a third-party qualified elevator inspector as provided for under
				Public Safety Article, §
									12-809(d),
				Annotated Code of Maryland, is required before a certification of registration
				and inspection is issued.
C. The
				Commissioner may not issue a certificate of registration and inspection to an
				owner until the third-party qualified elevator inspector has filed an
				inspection report certifying compliance with the Safety Code and regulations
				adopted by the Commissioner.
D. An
				owner shall ensure that an elevator unit suspended by wire ropes, belts,
				chains, or a similar suspension or an elevator with rack and pinion drive has a
				comprehensive 5-year inspection.
E.
				Comprehensive 5-Year Inspection.
(1) A
				comprehensive 5-year inspection under §D of this regulation is a periodic
				annual inspection and a full load test performed on an elevator unit as defined
				in the Safety Code as a Category 5 Periodic Test.
(2) For a comprehensive 5-year inspection:
(a) The Commissioner shall establish the
				5-year inspection anniversary date for each unit;
(b) An owner shall ensure that each unit is
				tested by persons qualified to perform such testing as provided in the Safety
				Code;
(c) An owner shall coordinate
				with the Commissioner the date and time of the inspection by filing an
				inspection request with the Commissioner at least 60 days prior to the
				inspection; and
(d) If an owner
				provides the Commissioner with less than 60 days notice of the inspection
				request, the Commissioner shall schedule the inspection at the convenience of
				the State, subject to the availability of State resources.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.81 - Elevator, Escalator, and Chairlift Safety › Section 09.12.81.08 - Third-Party Qualified Elevator Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Level I inspector is a third-party
				qualified elevator inspector who may perform pre-final inspections and periodic
				annual inspections if the individual:
(1)
				Possesses and maintains a valid third-party qualified elevator inspector
				certification;
(2) Is employed as
				an independent consultant or by an independent inspection agency or is employed
				by the insurer of the elevator unit; and
(3) Possesses and maintains insurance as
				required by Regulation .05-1 of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.82 - Elevators and Rescue Litters › Section 09.12.82.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter delineates and defines certain terms used in
				  Public Safety Article, §
									12-816, Annotated Code
				  of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.82 - Elevators and Rescue Litters › Section 09.12.82.02 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Rescue litter" means a device for use in moving a sick or
				  wounded person. The term may include, but is not limited to, an ambulance
				  stretcher, cot, or litter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.82 - Elevators and Rescue Litters › Section 09.12.82.03 - Rescue Litter Size

Current through Register Vol. 51, No. 14, July 12, 2024
For the purposes of Public Safety Article, §
									12-816, Annotated Code
				  of Maryland, the owner or lessee shall ensure that a horizontally positioned 6
				  foot 8 inch rescue litter having a width of 24 inches can be accommodated in
				  the passenger elevator.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.83 - Safety Requirements for Personnel Hoists › Section 09.12.83.02 - Identification Plate and Certificate of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not operate a personnel hoist
				unless the Commissioner has issued:
(1) An
				identification plate; and
(2) A
				certificate of inspection.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" means the Division of Labor and
				Industry.
(2) "Commissioner" means
				the Commissioner of Labor and Industry or the Commissioner's authorized
				representative.
(3) "Presenter of
				evidence" means the Assistant Attorney General assigned to present charges and
				evidence on behalf of the agency.
(4) "Presiding officer" means the
				Commissioner or a hearing officer authorized to conduct a hearing.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.02 - Rules of Procedure for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation are in
				addition to the requirements of the Administrative Procedure Act, Contested
				Cases, §10-201 et seq. of the State Government Article, Annotated Code of
				Maryland.
B. Notice of Hearing.
(1) The presiding officer shall serve notice
				of the hearing on all parties at least 15 days before the hearing.
(2) Notice served under §B(1) of this
				regulation shall:
(a) State the time, place,
				and nature of the hearing;
(b)
				State the authority of the agency to hold the hearing;
(c) Cite the specific section of each statute
				and regulation, including a procedural regulation, that is pertinent;
				and
(d) State concisely and simply:
(i) The facts that are asserted, or
(ii) If the facts cannot be stated in detail
				when the notice is given, the issues that are involved.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.03 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application for
				Variance.
(1) Any affected railroad company
				may apply to the Commissioner for a variance from a regulation or standard
				adopted under the Railroad Safety and Health Act, Labor and Employment Article,
				Title 5.5, Annotated Code of Maryland.
(2) An application for variance shall be in
				writing and shall include:
(a) The name and
				address of the applicant;
(b)
				Identification of the regulation or standard from which the applicant seeks a
				variance;
(c) The location,
				equipment, or practices involved;
(d) A detailed statement of the reasons why
				the applicant is requesting a variance from the regulation or
				standard;
(e) A statement of the
				steps the applicant has taken and will take, with specific dates where
				appropriate, to protect employees and the public against the hazard covered by
				the regulation or standard;
(f)
				Certification that the applicant has given appropriate notice of the
				application for variance to:
(i) The
				applicant's employees affected by the variance,
(ii) All authorized representatives of the
				affected employees, and
(iii) Other
				persons affected by the condition for which a variance is sought;
(g) A copy or description of the
				notice required by §A(2)(f) of this regulation; and
(h) A list of the names and addresses of
				persons to be notified pursuant to §A(2)(f) of this regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.04 - Clearance Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definitions. In this regulation, the following terms have the meanings
				indicated:
(1) "Main track" means track
				extending through a yard or between stations, upon which trains are controlled
				by timetable, block signals, interlocking rules, interlocking signals, or
				special instructions.
(2) "Overhead
				clearance" means the vertical distance from the top of the highest rail to a
				structure or obstruction above.
(3)
				"Side clearance" means the shortest horizontal distance from the centerline of
				track to a structure or obstruction at the side of the track.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.05 - Track Safety Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				standards relating to Railroad Safety and Health: Track Safety Standards, as
				published in 49 CFR Part
				213, §
										213.1--
				213.241 and Appendices A and B,
				are incorporated by reference.
B.
				The amendments to the track safety standards as published in 47 FR 39401--39404
				(September 7, 1982), 48 FR 35883 (August 8, 1983), and 49 FR 1988 (January 17,
				1984) are incorporated by reference.
C. In the federal standards incorporated by
				reference by this regulation, the designations "Federal Railroad Administrator"
				and "Federal Railroad Administration" are amended to mean "Commissioner of
				Labor and Industry".
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.06 - Report of Railroad Accident

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				"Promptly", for accident reporting purposes, means within 3 hours.
B. Every railroad company operating a
				railroad in this State shall report, in writing or orally, to the Commissioner,
				promptly after the occurrence of an accident resulting in a serious injury or
				fatality to any person, or damage to property exceeding the sum determined by
				federal regulation, incurred during the operation of the railroad in the
				State.
C. The report shall include:
(1) Caller's name and title;
(2) Date and time of the report;
(3) Railroad name and subdivision or route
				segment;
(4) Date, time, and
				location of the accident;
(5)
				Nature of accident, such as derailment, collision, public or private road
				crossing accident, or fire;
(6)
				Severity of the accident, including:
(a)
				Number of persons injured or killed; and
(b) Number of cars or units
				derailed;
(7) Whether
				hazardous material is involved; and
(8) Telephone number where additional
				information may be obtained.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.91 - Railroad Safety and Health › Section 09.12.91.07 - Posting of Citations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Place of
				Posting.
(1) Except as otherwise provided by
				this regulation, upon receipt of a citation issued under the Railroad Safety
				and Health Act, Labor and Employment Article, Title 5.5, Annotated Code of
				Maryland, a railroad company shall immediately post the citation, or a copy of
				it, at or near each place a violation alleged in the citation
				occurred.
(2) If a citation posted
				at or near a place of alleged violation would not be readily visible to
				affected employees, the railroad company shall post the citation in a place or
				places where it will be readily visible to affected employees.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the Code of
				Ethics, the following words have the meaning indicated.
B. Terms Defined.
(1) "Board" means the Board for Professional
				Land Surveyors.
(2) "Licensee"
				means any person holding a license issued by the Board as a professional land
				surveyor or a property line surveyor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.02 - Responsibility to the Public

Current through Register Vol. 51, No. 14, July 12, 2024
In the performance of a licensee's professional duties, the
				  licensee shall make every reasonable effort to protect the safety, health,
				  property, and welfare of the public. If the licensee's professional judgment is
				  overruled under circumstances in which the safety, health, property, or welfare
				  of the public is endangered, the licensee shall inform the licensee's employer
				  or client of the possible consequences.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.03 - Public Statements, Reports, and Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may not make statements or
				reports, or give expert testimony, on land-surveying matters connected with
				public policy, if the licensee's remarks are inspired by or paid for by an
				interested party, unless the licensee precedes the remarks by identifying
				himself or herself, by disclosing the identity of the party on whose behalf the
				licensee is speaking, and by revealing the existence of any pecuniary interest
				the licensee has in the matter.
B.
				A licensee may express publicly a professional opinion on a land-surveying
				subject only when that opinion is founded upon adequate knowledge of the
				material facts and a background of technical competence in the subject
				matter.
C. In a professional
				report, statement, or testimony, a licensee may not be untruthful or
				deceptive.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.04 - Competency for Assignments Undertaken or Approved

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may undertake or perform
				land-surveying assignments only when qualified to do so by education or
				experience, or both, in the specific field of land surveying
				involved.
B. A licensee may affix
				the licensee's signature or seal to land surveying documents only if:
(1) The licensee is competent in the subject
				matter of those documents by virtue of education or experience, or both;
				and
(2) The documents were prepared
				under the licensee's direction as principal by an employee or an associate
				competent in the subject matter of those documents by virtue of education or
				experience, or both.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.05 - Conflicts of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				shall avoid conflicts of interest with the licensee's employer or client.
				Whenever conflicts of interest appear unavoidable, however, the licensee shall
				disclose promptly and fully all the circumstances to the employer or
				client.
B. A licensee shall
				promptly inform the licensee's employer or client of any business association,
				interests, or circumstances which may influence the licensee's judgment or the
				quality of services to the licensee's employer or client.
C. A licensee may not accept compensation,
				financial or other, from more than one party for services on a project or for
				services pertaining to a project, unless the licensee makes full disclosure to
				all interested parties.
D. A
				licensee may not solicit or accept financial or other valuable consideration
				from any material supplier or equipment supplier for specifying the supplier's
				products, except when the licensee is a previously announced employee or agent
				of the supplier.
E. A licensee may
				not solicit or accept gratuities, directly or indirectly, from any contractor,
				architect, engineer, professional land surveyor or property line surveyor, or
				other party dealing with the licensee's employer or client in connection with
				work for which the licensee is responsible.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.06 - Improper Solicitation of Professional Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Other than the usual commissions paid to
				licensed employment agencies, a licensee may not compensate, give anything of
				value, or offer to compensate or give anything of value, as follows:
(1) To a person or organization to recommend
				or secure the licensee's employment as a professional land surveyor or a
				property line surveyor, or
(2) As a
				reward for having made a recommendation resulting in the licensee's employment
				as a professional land surveyor or a property line surveyor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.07 - Knowledge of Improper Conduct by Others

Current through Register Vol. 51, No. 14, July 12, 2024
Except to the extent the rules of privilege may apply, when
				  questioned by any member or authorized representative of the Board concerning
				  any alleged violation of another person or organization, a licensee may not
				  conceal or refuse to divulge information that the licensee may have, or make
				  false or misleading statements about the matter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.08 - Licensees' Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee may not use any designation after the licensee's
				  name on any business communication which misleads the public as to whether the
				  licensee is a professional land surveyor or a property line
				  surveyor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.01 - Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying › Section 09.13.01.09 - Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				or licensee shall respond in writing to a written communication from the Board
				within 30 days of the date of mailing.
B. The Board shall send a written
				communication by first-class mail to the last known address furnished to the
				Board by an applicant or licensee.
C. It is a responsibility of an applicant or
				licensee to notify the Board in writing if there has been a change in
				applicant's or licensee's address.
D. Failure to respond as required by this
				regulation may be considered by the Board to be a violation of Business
				Occupations and Professions Article, §
									15-317(a)(l)(v),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.02 - Hearing Regulations › Section 09.13.02.01 - Hearings Before the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as otherwise provided in §§B and C of this regulation, all contested
				case hearings before the Board shall be governed by COMAR 09.01.02.
B. The administrative unit shall send the
				hearing notice described in COMAR
				09.01.02.07B B:
(1) At least 30 days before the hearing;
				or
(2) If the parties have agreed
				to a date for which 30 days notice cannot be given, at the earliest time
				possible.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.02 - Hearing Regulations › Section 09.13.02.02 - Hearings Delegated to the Office of Administrative Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
All contested case hearings delegated to the Office of
				  Administrative Hearings shall be governed by COMAR 09.01.03.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.02 - Hearing Regulations › Section 09.13.02.03 - Complaint Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding
				officer shall appoint one professional Board member and one consumer Board
				member to constitute the complaint committee.
B. The complaint committee shall:
(1) Review all complaints filed with the
				Board; and
(2) Make a
				recommendation to the full Board on the disposition of each matter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.03 - Survey Markers › Section 09.13.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to promulgate minimum
				  standards for survey markers set by all licensees that will insure the
				  permanency of the marker and allow for easy identification of the licensee
				  responsible for setting the marker.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.03 - Survey Markers › Section 09.13.03.02 - Marker Specifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				licensees shall use a survey marker made of durable material that will activate
				a magnetic detector.
B. The
				material for a survey marker may include any one of the following:
(1) Iron pipe;
(2) Iron rod;
(3) Rebar;
(4) Impregnated plastic stake; or
(5) Concrete monument.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.03 - Survey Markers › Section 09.13.03.03 - Marker Identification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				top of all survey markers, described in Regulation .02, of this chapter, set by
				a licensee or a permit holder shall have a legible inscription that identifies
				the licensee or a permit holder responsible for setting the survey
				marker.
B. The top of all survey
				markers, described in Regulation .02, of this chapter, set by a licensee or a
				permit holder shall have a legible inscription stating the words "Property
				Marker" or the abbreviations "Prop. Mark." or "Prop. Mkr.".
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.03 - Survey Markers › Section 09.13.03.04 - Existing Natural Markers

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				licensees shall put an identifying mark on all existing objects that serve as
				markers for property corners.
B.
				The identifying mark may include any one of the following:
(1) Drill hole;
(2) Cross cut;
(3) Square cut;
(4) Spike;
(5) P.K. nail; or
(6) Lag bolt.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.04 - Disciplinary Actions › Section 09.13.04.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. For purposes of
				Business Occupations and Professions Article, §
									15-318(5),
				Annotated Code of Maryland, the following terms have the meanings
				indicated.
B. Terms Defined.
(1) Gross Negligence.
(a) "Gross negligence" means a wrongful act
				or omission, more culpable in nature than simple inadvertence or mistake,
				characterized by disregard of the property rights of others. It is conduct
				which constitutes substantial departure from the standard of care required of
				professional land surveyors or property line surveyors.
(b) "Gross negligence" includes but is not
				limited to:
(i) Knowingly or recklessly
				preparing a plat or other survey document which fails to protect the rights of
				interested parties where the surveyor knew those rights existed;
(ii) Knowingly or recklessly failing to
				provide minimal supervision of employees engaged in surveying work;
(iii) Knowingly or recklessly preparing a
				plat or other survey document which, if properly relied upon, could lead to
				serious injury to persons or property.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.05 - Fees › Section 09.13.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is intended to carry out the provisions of
				  Business Regulation Article, §§
									2-106.1 and
				  2-106.2,
				  Annotated Code of Maryland, and Business Occupations and Professions Article,
				  Title 15, Annotated Code of Maryland. In particular, it is intended to set
				  various fees in order to cover the actual documented direct and indirect costs
				  of fulfilling the statutory and regulatory duties of the State Board of
				  Architects, the State Board of Certified Interior Designers, the State Board of
				  Examiners of Landscape Architects, the State Board for Professional Engineers,
				  and the State Board for Professional Land Surveyors.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.05 - Fees › Section 09.13.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meaning indicated.
B. Terms Defined.
(1) "Board" means the State Board for
				Professional Land Surveyors.
(2)
				"Design boards" means collectively the:
(a)
				State Board of Architects;
(b)
				State Board of Certified Interior Designers;
(c) State Board of Examiners of Landscape
				Architects;
(d) State Board for
				Professional Engineers; and
(e)
				Board.
(3) "License fee"
				means the fee paid by an applicant or licensee, as applicable, in connection
				with the issuance and renewal of a license and the issuance of a reciprocal
				license.
(4) "Permit fee" means the
				fee paid in connection with the issuance and renewal of a permit.
(5) "Secretary" means the Secretary of Labor,
				Licensing, and Regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.05 - Fees › Section 09.13.05.03 - Fees and Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary
				and the design boards have agreed to average their direct and indirect costs,
				based on the calculation of costs performed by the Secretary in consultation
				with the design boards. Based on these calculations, the Board sets the
				following fees:
(1) License fee -
				$86;
(2) Permit fee -
				$112;
(3) Nonrefundable initial
				application fee payable in connection with:
(a) An application for permit -
				$39;
(b) An application for license
				$56;
(4) Reinstatement
				fee - $112;
(5) Verification fee -
				$22;
(6) Replacement license
				certificate fee - $39.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.05 - Fees › Section 09.13.05.04 - Retired Status License

Current through Register Vol. 51, No. 14, July 12, 2024
The Board sets the following fees in connection with a
				  retired status license:
A. Retired
				status license fee - $25;
B.
				Reactivation from retired status fee - $100 for each lapsed licensing period,
				but not to exceed $300.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.06 - Minimum Standards of Practice › Section 09.13.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the general
				interest of the public, these standards are promulgated to set forth the
				minimum acceptable level of performance to be exercised by all individuals
				practicing professional land surveying and property line surveying in
				Maryland.
B. If anything contained
				in these regulations conflicts with other federal or State requirements, the
				more stringent requirements shall be followed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.06 - Minimum Standards of Practice › Section 09.13.06.03 - Boundary Surveys

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose.
(1) The boundary survey is a means of marking
				boundaries for sufficient definition and identification to uniquely locate each
				lot, parcel, or tract.
(2) The
				purpose of a boundary survey is to establish, reestablish, or describe, or all
				of these, the physical position and extent of the boundaries of real
				property.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 13 - BOARD FOR PROFESSIONAL LAND SURVEYORS › Chapter 09.13.06 - Minimum Standards of Practice › Section 09.13.06.04 - Topographic Surveys

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. The
				purpose of a topographic survey is to locate, describe, or map, or all of
				these, the elevations and positions of the physical features and
				characteristics of the surface of the earth, including spot elevations,
				contours, and other features.
B.
				Result.
(1) The results of a topographic
				survey shall clearly show the results of the field and office work and shall be
				presented, depending on the type of professional services requested, in the
				form of:
(a) A plat;
(b) A worksheet;
(c) Raw data; or
(d) Adjusted data.