reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.06 - Identification of Human Remains Immediately Prior to Cremation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Immediately
				prior to being placed within the cremator, a designee of the crematory
				authority shall:
(1) Verify the
				identification of the human remains; and
(2) Place in the cremator the circular, hard
				metal identification disc of the human remains being cremated where it shall
				remain in place until the cremation process is complete.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.07 - Cremation Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				as otherwise provided in this regulation, a crematory authority may not cremate
				human remains until:
(1) The body has been
				identified as required by Health Occupations Article, §
										7-411, Annotated
				Code of Maryland;
(2) The crematory
				has received:
(a) A cremation authorization
				on a form approved by the Office and signed by an authorizing agent;
(b) If applicable, a written delegation
				document or facsimile; and
(c) Any
				other documentation required by federal, State, or local law; and
(3) The crematory authority has
				documented that at least 12 hours have elapsed from the time of death of the
				individual whose remains are to be cremated.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.08 - Record of Receipt of Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				crematory authority shall provide to an individual who delivers human remains
				for cremation a receipt signed by both the crematory authority and the person
				who delivered the human remains, that includes the:
(1) Name of the individual from whom the
				human remains were received and the name of the individual's employer, if
				any;
(2) Name and address of the
				crematory authority;
(3) Name and
				address of the deceased;
(4) Gender
				of the deceased;
(5) Date of death
				of deceased; and
(6) Verification
				of authorized burial transit permit.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.09 - Use of a Casket; Embalming

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Except as provided in §B of this regulation, a crematory authority may
				not:
(1) Require that human remains be placed
				in a casket before cremation or that human remains be cremated in a
				casket;
(2) Refuse to accept human
				remains for cremation because the remains are not in a casket; or
(3) Refuse to accept human remains for
				cremation because the remains are in a suitable, combustible wooden casket, but
				may request the authorizing agent or funeral establishment engaging the
				services of the crematory authority to remove the metal mattress holder in the
				casket.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.10 - Disposition of Cremated Human Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon completion of the cremation, insofar
				as is possible:
(1) All of the recoverable
				residue of the cremation process shall be:
(a) Removed from the cremator:
(b) Except for medical devices remaining
				after cremation, processed; and
(c)
				Placed in a container; and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.11 - Tools

Current through Register Vol. 51, No. 14, July 12, 2024
A crematory shall maintain, at its own expense, the following
				  tool inventory:
A. Safety placement
				tool measuring a minimum of 49 inches in length;
B. Wire brushes for cleaning
				cremators;
C. Brush with fine
				bristles for cleaning pulverizers;
D. Mortar and pestle;
E. Funnel;
F. High temperature protective gloves and
				heat resistant leather gloves;
G.
				Hand magnet and metal detector wand to detect and remove metal from cremated
				human remains;
H. Tweezers to
				remove nonmetal objects from cremated human remains; and
I. Dust masks.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.12 - Visitors

Current through Register Vol. 51, No. 14, July 12, 2024
A. The crematory
				permit holder or registered crematory operator shall:
(1) Submit to the Office the number of
				persons not affiliated with the operation of the crematory who can safely be
				within the same room and within 10 feet of the cremator door; and
(2) Verify to the Office that the crematory
				permit holder has submitted the information required in §A(1) of this
				regulation to their liability insurance carrier.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.09 - Crematories - Code of Ethics › Section 09.34.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs any person who holds a permit, pursuant
				  to Business Regulation Article, Title 5, Annotated Code of Maryland, to engage
				  in the operation of a crematory or to act as a registered crematory
				  operator.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.09 - Crematories - Code of Ethics › Section 09.34.09.02 - General Professional Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit holder shall:
(1) Act in a manner that respects and
				protects the dignity of a decedent and the decedent's family;
(2) Conduct business in a reasonable, usual,
				and customary manner;
(3) Comply
				with the State public health laws as set forth in Health General Article,
				§§4-215 and 5-501 et seq., Annotated Code of Maryland;
(4) Comply with Business Regulation Article,
				Title 5, Annotated Code of Maryland;
(5) Comply with the Commercial Law Article,
				Titles 12 and 13, Annotated Code of Maryland;
(6) Implement and follow through on all
				arrangements agreed upon between a consumer and the crematory;
(7) Provide appropriate services for and
				respect the rights of individuals without regard to age, race, creed, national
				origin, gender, disability, marital status, political belief, religious
				affiliation, social or economic status, or social preferences;
(8) Comply with all local, State, and federal
				laws for regarding the disposition of human remains;
(9) Be sensitive and responsive to the
				bereavement needs of a decedent's family;
(10) Provide a general price list in effect
				at that time, in accordance with the requirements of the Federal Trade
				Commission's funeral rule found at 16 CFR part 453 ; and
(11) Provide accurate information from the
				general price list to any person who requests information, by telephone,
				regarding cremation related goods or services.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.01 - General Regulations › Section 09.35.01.01 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is intended to set various fees to cover the
				  actual documented direct and indirect costs of fulfilling the statutory and
				  regulatory duties of the Elevator Safety Review Board (the Board). Therefore,
				  the Board hereby sets the following fees:
A. Nonrefundable application fee for an
				Elevator Mechanic license, Elevator Contractor license, Elevator Renovator
				Mechanic license, Elevator Renovator Contractor license, and Accessibility Lift
				Mechanic license: $25
B. Initial
				license fee:
(1) Elevator Mechanic license
				and Elevator Renovator Mechanic license:$175
(2) Elevator Contractor license and Elevator
				Renovator Contractor license:$275
(3) Accessibility Lift Mechanic
				license:$125
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.02 - Qualifications › Section 09.35.02.01 - 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) "Board" means the Elevator Safety Review
				Board.
(2) "Safety Code" has the
				meaning set forth in Public Safety Article, §
										12-801(p),
				Annotated Code of Maryland.
(3)
				"Third-party qualified elevator inspector" has the meaning set forth in Public
				Safety Article, §
										12-801(r),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.02 - Qualifications › Section 09.35.02.02 - Qualifications for an Elevator Renovator Mechanic's License

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant who applies for an elevator
				renovator mechanic's license on or before January 1, 2013, shall demonstrate to
				the Board a minimum of 3 years of relevant work experience in elevator
				renovation that is acceptable to the Board.
B. An applicant who applies for an elevator
				renovator mechanic's license after January 1, 2013, shall:
(1) Demonstrate to the Board an acceptable
				combination of relevant work experience and education; and
(2) Pass an exam approved by the
				Board.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.02 - Qualifications › Section 09.35.02.03 - Qualifications for an Elevator Renovator Contractor's License

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant who
				applies for an elevator renovator contractor's license on or before January 1,
				2013, shall demonstrate to the Board a minimum of 3 years of relevant work
				experience in elevator renovation that is acceptable to the Board.
B. An applicant who applies for an elevator
				renovator contractor's license pursuant to §A of this regulation, shall
				have until January 1, 2013, to have at least one of its employees or
				responsible management personnel pass an exam approved by the Board.
C. An applicant who applies for an elevator
				renovator contractor's license after January 1, 2013, shall:
(1) Demonstrate to the Board an acceptable
				combination of relevant work experience and education; and
(2) Pass an exam approved by the
				Board.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.02 - Qualifications › Section 09.35.02.04 - Application for a Temporary Elevator Mechanic License

Current through Register Vol. 51, No. 14, July 12, 2024
A. A temporary elevator mechanic license may
				be issued by the Board upon receipt of the following:
(1) An application on a form provided by the
				Board from a licensed elevator contractor that includes:
(a) A statement from a licensed elevator
				contractor that a licensed elevator mechanic is not available to perform
				construction, maintenance, or service and repair of elevators due to a labor
				shortage; and
(b) A certification
				by the licensed elevator contractor that the individual to receive the
				temporary license possesses sufficient documented education and experience to
				perform as an elevator mechanic without direct and immediate
				supervision;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.02 - Qualifications › Section 09.35.02.05 - Qualifications for a Temporary Elevator Mechanic License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following individuals may be
				considered for a temporary elevator mechanic license:
(1) An individual who has a minimum of 3
				years of acceptable work experience in the elevator industry performing
				construction, maintenance, service, or repair of elevators and is a second year
				apprentice enrolled in an approved apprenticeship and training
				program;
(2) An individual who has
				a minimum of 5 years of acceptable work experience in the elevator industry
				performing construction, maintenance, service, or repair of elevators under a
				licensed elevator mechanic; and
(3)
				An individual who has a minimum of 3 years of acceptable work experience in the
				elevator industry performing construction, maintenance, service, or repair of
				elevators and holds a license in good standing with no violations in any other
				state.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.02 - Qualifications › Section 09.35.02.06 - Renewal of Temporary Elevator Mechanic License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may renew a temporary elevator
				mechanic license for additional 30 day periods as long as a licensed elevator
				mechanic is unavailable and the holder of the temporary license remains an
				employee of the certifying licensed elevator contractor.
B. To renew the temporary elevator mechanic
				license, the licensed elevator contractor shall submit the following:
(1) A written notification to the Board that
				a shortage of license elevator mechanics continues;
(2) A completed renewal application on a form
				the Board provides; and
(3) A
				nonrefundable renewal fee pursuant to COMAR 09.35.01.01.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.03 - Scope of Practice › Section 09.35.03.01 - Scope of Practice for Elevator Renovator Mechanics

Current through Register Vol. 51, No. 14, July 12, 2024
A. An elevator renovator mechanic may not
				engage in any work that affects the moving or mechanical parts of an
				elevator.
B. All elevator
				renovations shall be compliant with the Safety Code.
C. If an elevator renovator mechanic performs
				any work that affects the weight, cab size, or fire ratings of an elevator, the
				work shall be performed in compliance with any applicable requirements of the
				Safety Code and, to the extent required, be done in consultation with a
				licensed elevator contractor or mechanic.
D. If the renovation "alters" the elevator,
				as defined by the Safety Code, then a final inspection shall be performed by
				the Department of Labor, Licensing, and Regulation's Division of Labor and
				Industry.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.03 - Scope of Practice › Section 09.35.03.02 - Scope of Practice for Elevator Renovator Contractors

Current through Register Vol. 51, No. 14, July 12, 2024
A. An elevator renovator contractor may not
				engage in any work that affects the moving or mechanical parts of an
				elevator.
B. If an elevator
				renovator contractor performs any work that affects the weight, cab size, or
				fire ratings of an elevator, the work shall be performed in compliance with any
				applicable requirements of the Safety Code and, to the extent required, be done
				in consultation with a licensed elevator contractor or mechanic.
C. If the renovation "alters" the elevator as
				defined by the Safety Code, then a final inspection shall be performed by the
				Department of Labor, Licensing, and Regulation's Division of Labor and
				Industry.
D. Thirty days prior to
				the anticipated completion date of any elevator alteration, an elevator
				renovator contractor shall request a final acceptance inspection in accordance
				with COMAR
				09.12.81.04B.
E. Prior to putting the elevator
				back in service, the elevator renovator contractor shall ensure that an
				inspection is performed by an authorized third-party qualified elevator
				inspector to determine compliance with applicable law, regulations, and the
				Safety Code. If the authorized third-party qualified elevator inspector
				determines that the renovation "alters" the elevator, as defined in the Safety
				Code, then a final acceptance inspection is required as described in §D of
				this regulation.
F. A copy of the
				inspection report resulting from the final acceptance inspection required by
				COMAR 09.12.81.04B
				shall be provided to the owner of the elevator.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The public interest requires that licensees holding
				  applicable licenses pursuant to Public Safety Article, Title 12, Subtitle 8,
				  Annotated Code of Maryland, provide competent services in all areas of
				  practice. The State legislature has determined that it is in the best interest
				  of the public to require licensees to comply with the continuing professional
				  competency requirements as a prerequisite to the renewal of an applicable
				  license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.02 - 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) "Activity" means attending and completing
				qualifying courses, seminars, workshops, technical presentations, and other
				qualifying programs that meet the criteria and objectives of continuing
				professional competency.
(2)
				"Authorized provider" means an organization or individual reviewed and approved
				by the CPC Standards Committee.
(3)
				"Board" means the Elevator Safety Review Board.
(4) "Continuing Professional Competency (CPC)
				unit" means 1 hour of instruction, presentation, or other activity.
(5) "Course" means a qualifying offering with
				a clear purpose and objective to maintain, improve, or expand the skills and
				knowledge of a licensee's field of practice.
(6) "CPC Standards Committee" means a
				committee of Board members as established in Regulation .05 of this
				chapter.
(7) "Qualifying program"
				means any course, seminar, workshop, technical presentation, or any other
				qualifying offering that meets the criteria set forth in Regulation .04 of this
				chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.03 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee shall complete a minimum of 8 CPC units during
				  each licensing renewal period.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.04 - Criteria for Qualifying Programs

Current through Register Vol. 51, No. 14, July 12, 2024
Programs shall meet at least the following criteria in order
				  to be considered qualifying programs:
A. Maintain and enhance professional
				competency of licensees regulated by the Board;
B. Foster improvement, advancement, and
				extension of the mechanical and other appropriate professional skills and
				knowledge related to the work performed by licensees regulated by the
				Board;
C. Be offered by an
				authorized provider;
D. Have a
				stated purpose and defined content area;
E. Be presented by presenters who are
				qualified in the defined content area; and
F. Have a clearly stated time
				duration.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.05 - Authorization of Providers

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Responsibility for Authorizing Providers.
(1)
				The Board shall select and establish a committee to recommend the approval of
				providers of the CPC units (the "CPC Standards Committee").
(2) The CPC Standards Committee shall consist
				of the following individuals:
(a) One
				renovator member; and
(b) Two
				members from the following three categories of Board members:
(i) A major elevator manufacturing company or
				its authorized representative;
(ii)
				An elevator servicing company; or
(iii) A representative of labor involved in
				the installation, maintenance, and repair of elevators.
(3) The Board shall assign to the
				CPC Standards Committee the responsibility for reviewing and recommending the
				approval of providers to the Board. The Committee shall establish guidelines
				and procedures for the recommendation of approval of authorized providers in
				accordance with the objectives stated in this regulation and Regulation .04 of
				this chapter.
(4) If requested by
				the Board, the CPC Standards Committee shall submit quarterly reports to the
				Board containing the list of authorized providers approved by the Committee in
				the previous calendar quarter, together with any other information requested by
				the Board.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.06 - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Responsibility to Maintain Records.
(1) It is
				the responsibility of the licensee to maintain records to be used to support
				the licensee's continuing professional competency credit claim.
(2) A licensee shall maintain the records for
				a period of at least 4 years from the date of completion of the qualifying
				program.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.07 - Reporting Requirements for License Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall attest on the license
				renewal form to the fact that the licensee has completed all applicable CPC
				requirements set forth in this chapter by the last day of the month preceding
				the month in which the licensee's individual license is required to be renewed
				for the following 2-year licensing term.
B. The Board at its discretion may audit
				randomly selected licensees to verify compliance with CPC
				requirements.
C. Licensees who are
				audited shall provide any additional documentation required by the Board to
				complete the audit.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.08 - Failure to Meet the CPC Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
In the event a licensee fails to comply with the CPC
				  requirements set forth in this chapter, the Board, subject to the hearing
				  provisions of Public Safety Article, §
									12-838, Annotated Code
				  of Maryland, may take disciplinary action pursuant to Public Safety Article,
				  §
									12-837, Annotated Code
				  of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.09 - Reinstatement of License

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee who wishes to reinstate a license after failing to
				  complete the CPC requirements shall fulfill past due CPC requirements for the
				  previous CPC reporting periods up to 16 CPC units (8 CPC units for up to two
				  licensing periods) and pay all past due fees, unless the Board finds
				  extenuating circumstances that establish good cause for a temporary waiver of
				  the licensee's failure to complete the CPC requirements.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 35 - ELEVATOR SAFETY REVIEW BOARD › Chapter 09.35.04 - Continuing Professional Competency › Section 09.35.04.10 - Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an
				applicant or licensee receives from the Board a written communication
				requesting a response, the applicant or licensee shall respond in writing
				within 30 days of the date of the mailing.
B. The Board shall send a written
				communication by first-class mail to the last address furnished to the Board by
				the applicant or licensee.
C. It
				is the responsibility of an applicant or licensee to notify the Board in
				writing if there has been a change in the 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 Public
				Safety Article, §
									12-837 '(a)(7),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.01 - General Regulations › Section 09.36.01.01 - Time Limitations for Filing Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may summarily dismiss any complaint brought
				  against a licensee after 3 years from the date of the home inspection report
				  from which the complaint arises, unless the Commission finds that the
				  complainant's delay in bringing the complaint was justified and that the delay
				  does not result in an undue burden for the licensee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.01 - General Regulations › Section 09.36.01.02 - Correspondence with the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				an applicant or licensee receives from the Commission a written communication
				requesting a response, the applicant or licensee shall respond in writing
				within 30 days of the date of the mailing.
B. The Commission shall send a written
				communication by first-class mail to the last address furnished to the
				Commission by the applicant or registrant.
C. It is the responsibility of an applicant
				or licensee to notify the Commission in writing if there has been a change in
				an applicant's or licensee's address.
D. Failure to respond as required by this
				regulation may be considered by the Commission to be a violation of Business
				Occupations and Professions Article, §
									16-701.1(a)(7),
				Annotated Code of Maryland
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.02 - Work Experience Requirements › Section 09.36.02.01

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.03 - Fees › Section 09.36.03.01 - License Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				Business Occupations and Professions Article, Title 16, Annotated Code of
				Maryland, the Commission shall set fees to produce funds to approximate the
				cost of maintaining the Commission.
B. The Commission shall charge the following
				amounts:
(1) License application fee -
				$50;
(2) License renewal fee -
				$325;
(3) License reinstatement fee
				- $50;
(4) Reciprocal license
				application fee - $50;
(5) Original
				license fee - $325.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.04 - Responsibilities of Licensees › Section 09.36.04.01 - Responsibilities of Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee shall undertake to provide home inspection
				  services only if the licensee is qualified by training, education and
				  experience to provide the required services.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.04 - Responsibilities of Licensees › Section 09.36.04.02 - Time to Request a Formal Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A license applicant or a licensee shall
				request, in writing, a hearing within 30 days of a decision by the Commission
				to deny an initial license or renewal of a license.
B. The 30-day time period referred to in
				§A of this regulation begins on the date notification of an adverse
				decision by the Commission was sent to the last known address of the licensee
				or applicant.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.04 - Responsibilities of Licensees › Section 09.36.04.03 - Notice of Change of Licensing Information

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the requirements of Business Occupations and
				  Professions Article, §
									16-4A-03,
				  Annotated Code of Maryland, a licensed home inspector shall notify the
				  Commission, in writing, within 15 days, of any change of the business name or
				  address of the licensee or of a change of the business name or address of the
				  business through which the licensee performs home inspection
				  services.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.04 - Responsibilities of Licensees › Section 09.36.04.04

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.05 - Hearing Regulations › Section 09.36.05.01 - Contested Case Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §§B and C of this regulation, all contested case hearings
				before the Commission are governed by COMAR 09.01.02.
B. Contested case hearings before the
				Commission shall be conducted before the Home Inspector Hearing Board in
				accordance with Business Occupations and Professions Article, §§
									16-210.1
				and
				16-211,
				Annotated Code of Maryland.
C. In
				accordance with Business Occupations and Professions Article, §
									16-211(d),
				Annotated Code of Maryland, the Commission or any of its members may file an
				exception to the decision of the Hearing Board within 15 days after the filing
				of the Hearing Board's decision.
D.
				If a timely exception under §C of this regulation is filed, the Commission
				shall set the matter in for a hearing before the Commission.
E. All contested hearings delegated to the
				Office of Administrative Hearings are governed by COMAR 09.01.03.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.06 - Code of Ethics › Section 09.36.06.01 - Responsibilities to the Public

Current through Register Vol. 51, No. 14, July 12, 2024
A home inspector shall:
A. Act as an impartial third party;
B. Discharge the home inspector's duties:
(1) With integrity and fidelity to the
				public;
(2) With fairness and
				objectivity to all parties; and
(3)
				Without bias to any party;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.06 - Code of Ethics › Section 09.36.06.02 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				may not:
(1) Except under circumstances in
				which the safety, health, property, or welfare of the public is endangered,
				disclose any information concerning the results of an inspection without the
				approval of the client for whom the inspection was performed;
(2) Accept compensation, financial or
				otherwise, from more than one interested party for the same service on the same
				property unless the home inspector makes full disclosure to all interested
				parties and obtains the consent of all interested parties; or
(3) Accept or offer a commission or
				allowance, directly or indirectly, to or from another party dealing with the
				client in connection with home inspection services for which the home inspector
				is responsible.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.06 - Code of Ethics › Section 09.36.06.03 - Additional Services

Current through Register Vol. 51, No. 14, July 12, 2024
A home inspector may provide additional inspection services
				  to the client if the home inspector discloses to the client that the additional
				  inspection services are not part of the home inspection.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.06 - Code of Ethics › Section 09.36.06.04 - Conflicts of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home
				inspector shall avoid conflicts of interest with a client or an owner of
				property that is subject to an inspection by the home inspector.
B. If a conflict appears unavoidable, the
				home inspector shall disclose promptly and fully all circumstances of the
				conflict to the client.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.01 - 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) Activate.
(a) "Activate" means to turn on, supply
				power, or enable systems, equipment, or devices to become active by normal
				control means.
(b) "Activate"
				includes:
(i) Turning on the gas or water
				supply valves to fixtures and appliances; and
(ii) Activating electrical breakers or
				fuses.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. In the
				general public interest, the standards of practice set forth in this chapter
				are promulgated to establish a minimum and uniform standard of performance to
				be exercised by a home inspector licensed by the Maryland State Commission of
				Real Estate Appraisers and Home Inspectors.
B. Conflicts. If this chapter conflicts with
				other federal or State requirements, the home inspector shall follow the more
				stringent requirements.
C. Scope.
				The standards of practice set forth in this chapter apply only to the
				inspection of a residential building containing one to four dwelling
				units.
D. Inspections.
(1) The standards of practice set forth in
				this chapter:
(a) Identify the items,
				components, systems, and certain terms included in the scope of a home
				inspection; and
(b) Apply to a
				visual inspection of the readily accessible areas of the included items,
				components, and systems to determine if, at the time of the home inspection,
				the items, components, and systems are performing their intended function or
				are determined to be significantly deficient.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.03 - Limitations and Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home
				inspection performed in accordance with the standards of practice set forth in
				this chapter:
(1) Is not technically
				exhaustive; and
(2) May not
				identify concealed conditions or latent defects.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.04 - Structural System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				shall visually inspect the structural system, including the structural
				components including foundation and framing.
B. Probing.
(1) A home inspector shall probe a
				representative number of structural components where deterioration is suspected
				or where clear indications of possible deterioration exist.
(2) Probing is not required:
(a) If it will damage any finished surface;
				or
(b) Where no deterioration is
				visible.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.05 - Exterior

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				shall visually inspect the home exterior, including:
(1) Exterior wall covering, flashing, and
				trim;
(2) All exterior
				doors;
(3) Attached decks,
				balconies, stoops, steps, porches, and their associated railings;
(4) Eaves, soffits, and fascias that are
				accessible from the ground level;
(5) Vegetation, grading, surface drainage,
				and retaining walls on the property if any of these may adversely affect the
				building; and
(6) Walkways, patios,
				and driveways leading to dwelling entrances.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.06 - Roof System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				shall visually inspect a roof system, including:
(1) The roof covering;
(2) Roof drainage systems;
(3) Flashings; and
(4) Skylights, chimneys, and exterior and
				roof penetrations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.07 - Plumbing System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home
				inspector shall visually inspect the plumbing system, including:
(1) Interior water supply and distribution
				systems, including all fixtures and faucets;
(2) Drain, waste, and vent systems, including
				all fixtures;
(3) Water heating
				equipment;
(4) Vent systems, flues,
				and chimneys;
(5) Fuel storage and
				fuel distribution systems for the presence of CSST;
(6) Drainage sumps, sump pumps, and related
				piping;
(7) The functional flow of
				all fixtures and faucets; and
(8)
				The functional drainage of all fixtures.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.08 - Electrical Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home
				inspector shall visually inspect an electrical system, including:
(1) The service drop;
(2) Service entrance conductors, cables, and
				raceways;
(3) Service equipment and
				main disconnects;
(4) Service
				grounding;
(5) Interior components
				of service panels and subpanels;
(6) Conductors;
(7) Overcurrent protection devices;
(8) A representative number of installed
				lighting fixtures, switches, and receptacles;
(9) Ground fault and arc fault circuit
				interrupters; and
(10) The general
				condition of visible branch circuit conductors that may constitute a hazard to
				the occupant or the structure by reason of improper use or installation of
				electrical components.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.09 - Heating System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				shall visually inspect:
(1) Installed heating
				equipment;
(2) Vent systems, flues,
				and chimneys; and
(3) Heating
				distribution.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.10 - Air-Conditioning System

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				shall inspect the installed central and through-wall cooling
				equipment.
B. A home inspector
				shall describe energy sources and cooling methods by distinguishing
				characteristics and means of distribution.
C. A home inspector is not required to:
(1) Inspect electronic air filters;
				or
(2) Determine the adequacy of
				the cooling system or the distribution balance.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.11 - Interior

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector
				shall visually inspect:
(1) Walls, ceilings,
				and floors;
(2) Steps, stairways,
				and railings;
(3) Countertops and a
				representative number of installed cabinets;
(4) A representative number of doors and
				windows; and
(5) Garage doors and
				garage door operators.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.12 - Insulation and Ventilation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home
				inspector shall visually inspect:
(1)
				Insulation and vapor retarders in unfinished spaces;
(2) Ventilation of attics and foundation
				areas; and
(3) Mechanical
				ventilation systems.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.07 - Minimum Standards of Practice › Section 09.36.07.13 - Fireplaces and Solid Fuel Burning Appliances

Current through Register Vol. 51, No. 14, July 12, 2024
A. A home inspector shall visually inspect:
(1) System components of fireplaces and solid
				fuel burning appliances; and
(2)
				Vent systems, flues, and chimneys.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.08 - Continuing Professional Competency › Section 09.36.08.01 - Citation of Regulations, Applicability, and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations may be cited and
				referred to as the "Home Inspector Continuing Professional Competency
				Regulations". The continuing professional requirements apply to all persons
				licensed under Business Occupations and Professions Article, Annotated Code of
				Maryland, to provide home inspection services in this State.
B. The public interest requires that home
				inspectors provide competent home inspection services to the public. The
				General Assembly has determined that it is in the public interest to require
				home inspectors to comply with the continuing professional competency
				requirements as a prerequisite to the renewal of a license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.08 - Continuing Professional Competency › Section 09.36.08.02 - Basic Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A renewal
				applicant shall complete at least 30 hours of qualifying continuing
				professional competency for each 2-year registration term.
B. Acquisition of Continuing Professional
				Competency.
(1) The continuing professional
				competency required by §A of this regulation shall have been obtained
				during the 24 months immediately preceding license renewal.
(2) Continuing professional competency hours
				required by §A of this regulation obtained prior to the immediately
				preceding license term may not be considered toward an applicant's eligibility
				for license renewal.
(3) Continuing
				professional competency hours earned in excess of the 30 hours for a 2-year
				license term may not be credited towards the continuing professional competency
				requirement for a subsequent 2-year license term.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS › Chapter 09.36.08 - Continuing Professional Competency › Section 09.36.08.03 - Programs Which Qualify

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				overriding consideration in determining whether a specific program qualifies is
				that it shall be a formal program of learning which contributes directly to the
				professional competence of the individual.
B. Group Continuing Professional Competency
				Programs.
(1) Group continuing professional
				competency programs will qualify only if §A of this regulation is met and:
(a) An outline is prepared in advance and
				preserved for review by the Commission, if required;
(b) The program is at least 1 hour (50-minute
				instruction period) in length;
(c)
				The program is conducted by a qualified instructor;
(d) A record of attendance is preserved;
				and
(e) The sponsor agrees to admit
				a member of the Commission on request to monitor the program.