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09.12.50-.58 - Division of Labor and Industry - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 46, ISSUE 6,
FRIDAY, MARCH 15, 2019

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

Notice of Final Action
[18-349-F-I]

On February 28, 2019, the Acting Secretary of Labor, Licensing, and Regulation and the Secretary of Housing and Community Development adopted:

(1) The recodification of existing:
  (a) COMAR 05.02.01 to be COMAR 09.12.50 Model Performance Code;
  (b) COMAR 05.02.02 to be COMAR 09.12.53 Maryland Accessibility Code;
  (c) COMAR 05.02.03 to be COMAR 09.12.54 Minimum Livability Code;
  (d) COMAR 05.02.04 to be COMAR 09.12.52 Industrialized Buildings and Manufactured Homes;
  (e) COMAR 05.02.06 to be COMAR 09.12.55 Safety Glazing;
  (f) COMAR 05.02.07 to be COMAR 09.12.51 Maryland Building Performance Standards; and
  (g) COMAR 05.16.01 to be COMAR 09.12.58 Maryland Rehabilitation Code Regulations; and
(2) Amendments to:
  (a) Regulations .01—.05 and .07 under COMAR 09.12.50 Model Performance Code;
  (b) Regulations .03—.04 and .06—.07 under COMAR 09.12.51 Maryland Building Performance Standards;
  (c) Regulations .02, .07—.08, .10, and .17 under COMAR 09.12.52 Industrialized Buildings and Manufactured Homes;
  (d) Regulations .05—.06, .08—.09, and .11 under COMAR 09.12.53 Maryland Accessibility Code;
  (e) Regulation .02 under COMAR 09.12.54 Minimum Livability Code;
  (f) Regulations .01—.02 under COMAR 09.12.55 Safety Glazing; and
  (g) Regulation .04 under COMAR 09.12.58 Maryland Rehabilitation Code Regulations.

This action, which was proposed for adoption in 46:1 Md. R. 16—22 (January 4, 2019), has been adopted with the nonsubstantive changes below.

Effective Date: March 25, 2019.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 09.12.51.04: In response to comments received requesting emphasis and clarification of maintaining the baseline design criteria of 3 air changes per hour (ACH) related to energy code requirements before applying prescribed provisions of up to 5 ACH for measured air exchange, language will be added to reiterate the design criteria as unchanged. This change merely reflects directly into the regulation the effect of the adoptive language as applied to the incorporated by reference sections and tables.

09.12.51 Maryland Building Performance Standards

Authority: Public Safety Article, §§12-503, 12-507(a)(2), 12-508(g), and 12-510(d), Annotated Code of Maryland

.04 Incorporation by Reference.
  A.—B. (proposed text unchanged)
  C. Modifications to the International Residential Code for One- and Two-Family Dwellings:
    (1) (proposed text unchanged)
    (2) ENERGY. Chapter 11. ENERGY EFFICIENCY.
      (a) (proposed text unchanged)
      (b) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for Standard Reference Design” after “The measured air exchange rate”; and
      (c) Add exception to Section N1106.2 (R406.2): The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for ERI Reference Design.
    (3)—(5)
(proposed text unchanged)
  D. Modifications to the International Energy Conservation Code.
    (1)—(3) (proposed text unchanged)
    (4) Modify Table R405.5.2(1) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for Standard Reference Design” after “The measured air exchange rate”; and
    (5) Add exception to Section R406.2: The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for ERI Reference Design.

  E. (proposed text unchanged)

JAMES E. RZEPKOWSKI
Acting Secretary of Labor, Licensing, and Regulation

KENNETH C. HOLT
Secretary of Housing and Community Development

09.12.50 Model Performance Code

Authority: Public Safety Article, §[§]12-201(f)[—12-204], Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Department” means the [Department of Housing and Community Development] Department of Labor, Licensing, and Regulation.

(2)—(5) (text unchanged)

(6) “Master control device” means:

(a) A control that is activated when a [personenters] person enters the room through the primary room-access method; or

(b) (text unchanged)

(7) “Model Performance Code [and] or Model Code” means the Model Performance Code for building construction as detailed in Regulation .03 of this chapter.

(8) (text unchanged)

[(8)] (9) (text unchanged)

(10) (text unchanged)

(11) “Secretary” means the Secretary of [Housing and Community Development,] Labor, Licensing, and Regulation or a designated representative.

(12) (text unchanged)

.02 General.

A. Title. These regulations shall be known and may be cited as the [Maryland] Model Performance Code [Regulations]. Except as otherwise indicated, “regulations” as used [here] in this chapter shall mean the [Maryland] Model Performance Code [Regulations].

B. Application.

(1) (text unchanged)

(2) For industrialized buildings approved by an approved testing facility under COMAR [05.02.04] 09.12.52 after the effective date of these regulations:

(a) This chapter and the codes incorporated by reference apply to any approved building provided that construction begins prior to 6 months after the Department’s adoption of the [2018] 2021 edition of the International Building Code; and

(b) The approved testing facility shall state in its approval letter to the Department and the manufacturer of the building:

(i) (text unchanged)

(ii) That approval will expire for a building unless construction begins prior to 6 months after Department’s adoption of the [2018] 2021 edition of the International Building Code.

(3) For industrialized buildings approved by an approved testing facility under COMAR [05.02.04] 09.12.52 prior to the effective date of these regulations, the previous version of [COMAR 05.02.01] this chapter and the [2012] 2015 International Building Code shall apply provided that construction begins prior to 6 months after the effective date of these regulations.

C.—D. (text unchanged)

.02-1 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

(1) [2015] International Building Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]), which is incorporated by reference in COMAR 09.12.51.04A(1).

(2) [2015] 2018 International Plumbing Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]).

(3) National Electric Code, [2011] 2017 Edition ([National Fire Protection Association, One Batterymarch Park, Quincy Massachusetts 02269] NFPA 70).

(4) [2015] International Residential Code for One- and Two-Family Dwellings (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]), which is incorporated by reference in COMAR 09.12.51.04A(2).

(5) [2015] 2018 International Mechanical Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]).

(6) [2015] International Energy Conservation Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]), which is incorporated by reference in COMAR 09.12.51.04A(3).

(7) (text unchanged)

.03 Model Performance Code.

A. The standards incorporated by reference in Regulation .02-1 of this chapter, and modified as follows, constitute the Model Performance Code for building construction in the State:

(1) For industrialized building construction:

(a) International Building Code with the following modifications:

(i)—(iii) (text unchanged)

(iv) Chapter 11. Chapter 11, related to accessibility requirements, is hereby replaced with the Maryland Accessibility Code set forth in COMAR [05.02.02] 09.12.53;

(v)—(vi) (text unchanged)

(b) International Plumbing Code with the following modification: Delete all of §404.0 — the subject matter is covered by Maryland Accessibility Code, COMAR [05.02.02,] 09.12.53;

(c)—(d) (text unchanged)

(e) International Residential Code for One- and Two-Family Dwellings with the following modifications:

(i) Chapter 1. Delete the Section 102.5 Appendices and replace with the following: 102.5 Appendices: All the provisions in the Appendices are adopted as part of the IRC except those in Appendices E, J, and L;

(ii) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided for in the Simulated Performance Path listed in Section N1105 (R405);

(iii) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided for in the Energy Rating Index Compliance Alternative Section N1106 (R406);

(iv) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(v) Add exception to Section N1106.2 (R406.2): The maximum of 5 air changes per hour tested in accordance with Section N1102.4.1.2 (R402.4.1.2) may be used to determine the Energy Rating index score;

(f) [2015] International Energy Conservation Code with the following modification:

(i) Add a note to Section [405.2.3] C405.2.4 Specific Application Controls: For the new construction of hotels, each hotel guest room shall be equipped with a master control device in compliance with COMAR [05.02.07.04D(2)] 09.12.51.04D(2);

(ii) Add to Section R402.4.1.2: Except as provided for in the Simulated Performance Path listed in Section R405;

(iii) Add to Section R402.4.1.2: Except as provided for in the Energy Rating Index Compliance Alternative in Section R406;

(iv) Modify Table R405.5.2(1) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(v) Add exception to Section R406.2: The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score;

(g) If an industrialized building manufacturer desires to or has been requested to construct a building to the [2012] International Green Construction Code (IGCC) standards they may use the IGCC in addition to the other codes in §A(1) with the following modifications:

(i)—(iii) (text unchanged)

(h) (text unchanged)

(2) For all other building construction:

(a) The International Building Code with modifications related to building standards, as adopted under COMAR [05.02.07.04] 09.12.51.04,

(b)—(d) (text unchanged)

(e) The International Residential Code for One- and Two-Family Dwellings with modifications related to building standards, as adopted under COMAR [05.02.07.04] 09.12.51.04;

(f) [2015] International Energy Conservation Code with modifications related to building standards, as adopted under COMAR [05.02.07.04] 09.12.51.04; and

(g) If a builder desires to or has been requested to construct a building to the [2012] International Green Construction Code (IGCC) standards they may use the IGCC in addition to the other codes in §A(2).

[B. The incorporated documents listed above are on deposit in the following public libraries:

(1) Maryland Department of Legislative Reference Library, 90 State Circle, Annapolis, MD 21401, Monday through Friday, 8:30 am—4:30 pm;

(2) State Library Resource Center, Enoch Pratt Central, Maryland Department, Cathedral Street, Baltimore, MD 21201, Monday through Thursday, 9 am—9 pm; Friday and Saturday, 9 am—5 pm; Sunday (October—May), 1 pm—5 pm;

(3) Frostburg State University Library, Midlothian Road and Center Street, Frostburg, MD 21532, Monday through Thursday, 3:30—12 midnight; Friday, 3:30—10 pm; Saturday, 8:30 am—5 pm; Sunday, 1 pm—12 midnight;

(4) Southern Maryland Regional Library, Charles County Public Library Building, Charles and Garrett Streets, La Plata, MD 20642, Monday through Thursday, 9 am—8 pm; Friday, 12 pm—5 pm; Saturday (during school year), 9 am—5 pm;

(5) Salisbury State University Library, College and Camden Avenues, Salisbury, MD 21801, Monday—Friday, 8 am—10 pm; Saturday, 10 am—10 pm; Sunday, 12 pm—10 pm (library closed when school not in session);

(6) Library of Congress, Gifts and Exchanges Division, 10 First Street S.E., Washington, DC 20540, Monday through Friday, 8 am—4:30 pm;

(7) Division of State Documents, 16 Francis Street, Annapolis, MD 21401, Monday through Friday, 8:30 am—4:30 pm;

(8) State Law Library, Courts of Appeal Building, 361 Rowe Boulevard, Annapolis, MD 21401, Monday, Wednesday, and Friday, 8:30 am—4:30 pm; Tuesday and Thursday, 8:30 am—9 pm; Saturday, 9 am—4 pm.]

B. Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories is available online at www.dsd.state.md.us.

.04 Modifications to Model Performance Code.

A. As stated in Regulation .02B of this chapter, the Model Performance Code is not binding on any subdivision of the State unless specifically adopted by it. A copy of the law, ordinance, or resolution adopting the Model Code shall be sent by the governing body of the adopting subdivision to the Secretary. Copies of all subsequent laws, ordinances, or resolutions pertaining to the Model Code shall similarly be sent by the governing body to the Secretary.

B.—D. (text unchanged)

E. The administrative sections of Article 1 of the [2015] International Building Code are entirely administrative and may require alteration to adapt them to local use. Alterations to these sections of Article 1 are therefore excluded from the requirement of concurrence by the Secretary. However, any alterations shall be forwarded to the Secretary for the Department’s records.

.05 Appeals of Code Interpretations or Applications.

A. (text unchanged)

B. Review by this Department shall be granted:

(1) (text unchanged)

(2) If requested by the aggrieved party before commencement of appeal procedures provided by the subdivision. In that case, the Director of [Codes Administration] the Building Codes Administration may, in [his] the Director’s discretion, decline to review the question of interpretation or application and remand the question to the subdivision, because the question is of insufficient importance or can be resolved more readily at a local level, or for other reasons. The action is not reviewable.

(3) (text unchanged)

C. An aggrieved person requesting review by the Department of an application or interpretation of the Model Code shall do so in writing, addressed to the Director of [Codes Administration] the Building Codes Administration in the Department, together with a full statement of the circumstances and the reasons for challenge.

D. The Director of [Codes Administration] the Building Codes Administration will normally refer the question of interpretation or application to ICC or NFPA, as the case may be, for answer by their respective interpretation services. The Director is not required to refer the question to ICC or NFPA. The Director shall notify the parties of the referral.

E. Within 10 days from the receipt by the Director of [Codes Administration] the Building Codes Administration of the request for review, or within 10 days from receipt by the Director of an answer from ICC or NFPA when the question has been referred, the Director shall notify the parties of the Director’s decision, with a statement of the reasons for it, including a copy of any communication from ICC or NFPA.

F. Review of an adverse decision of the Director of [Codes Administration] the Building Codes Administration shall be by appeal to the Secretary, filed within 30 days after issuance of the decision by the Director.

.07 Training and Certification of Building Inspectors.

In order to assist local jurisdictions to effectively administer the Model Performance Code, the Department has the responsibility to train and certify building code enforcement officials in any jurisdiction where the Model Performance Code is in effect.

 

09.12.51 Maryland Building Performance Standards

Authority: Public Safety Article [§§12-501—12-508] §§12-503, 12-507(a)(2), 12-508(g), and 12-510(d), Annotated Code of Maryland

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Codes Administration” means the [Maryland] Building Codes Administration, an administration within the Department.

(5) (text unchanged)

(6) “Department” means the Department of [Housing and Community Development of Maryland] Labor, Licensing, and Regulation.

(7)—(17) (text unchanged)

.04 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference:

(1) [2015] 2018 International Building Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]);

(2) [2015] 2018 International Residential Code for One- and Two-Family Dwellings (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]);

(3) [2015] 2018 International Energy Conservation Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]); and

(4) (text unchanged)

B. Modifications to the [2015] International Building Code.

(1) (text unchanged)

(2) Chapter 1. Delete Exception in the Section 101.2 Scope and replace with the following:

(a) Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code;

(b) Exception: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall comply with the Maryland Building Rehabilitation Code set forth in COMAR [05.16.] 09.12.58; and

(c) Exception: 3. Maintenance of residential structures and premises shall comply with the Minimum Livability Code COMAR [05.02.03] 09.12.54.

(3)—(5) (text unchanged)

(6) Chapter 11. Chapter 11 of the IBC related to accessibility requirements is hereby replaced with the Maryland Accessibility Code set forth in COMAR [05.02.02] 09.12.53. A local jurisdiction may adopt and enforce the requirements of Chapter 11 of the IBC to the extent the requirements meet or exceed the requirements set forth in COMAR [05.02.02] 09.12.53.

(7)—(11) (text unchanged)

(12) Chapter 34.[Add the following exception to section 3401.1 Scope:

Exception:] Any rehabilitation work undertaken in an existing building as defined in COMAR [05.16] 09.12.58 shall comply with the requirements of Maryland Building Rehabilitation Code set forth in COMAR [05.16] 09.12.58.

C. Modifications to the [2015] International Residential Code for One- and Two-Family Dwellings:

(1) (text unchanged)

(2) ENERGY. Chapter 11. ENERGY EFFICIENCY.

(a) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided for in the:

(i) Simulated Performance Path listed in Section N1105 (R405); and

(ii) Energy Rating Index Compliance Alternative in Section N1106 (R406);

(b) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(c) Add exception to Section N1106.2 (R406.2): The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score.

[(2)] (3)[(4)] (5) (text unchanged)

D. Modifications to the [2015] International Energy Conservation Code.

(1) (text unchanged)

(2) Add a note to Section [405.2.3] C405.2.4 Specific Application Controls: For the new construction of hotels:

(a)—(b) (text unchanged)

(3) Add to Section R402.4.1.2: Except as provided for in the:

(a) Simulated Performance Path listed in Section R405;

(b) Energy Rating Index Compliance Alternative in Section R406;

(4) Modify Table R405.5.2(1) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(5) Add exception to Section R406.2: The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score.

E. (text unchanged)

.06 Application of the Standards.

A. (text unchanged)

B. A local jurisdiction shall implement and enforce the Standards and any local amendments within [6] 12 months of the effective date of any amendments by the Department to this chapter.

C. [In Calvert County, Charles County, Dorchester County, Frederick County, Harford County, Prince George’s County, St. Mary’s County, Somerset County, and Talbot County:

(1) The Standards do not apply to the construction, alteration, or modification of an agricultural building for which agritourism is an intended subordinate use;

(2) An existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if the subordinate use of the building for agritourism:

(a) Complies with §C(3) of this regulation;

(b) Occupies only levels of the building on which a ground level exit is located; and

(c) Does not allow more than 50 people to occupy an individual building at any one time;

(3) An agricultural building used for agritourism shall be structurally sound and in good repair; and

(4) An agricultural building used for agritourism does not have to comply with:

(a) The requirements for bathrooms, sprinkler systems, and elevators set forth in the Standards; or

(b) Any other requirements of the Standards or other building codes as set forth in this subtitle or COMAR 05.16.] The provisions of Public Safety Article, §12-508, Annotated Code of Maryland, modify and determine the applicability of the Standards to agritourism.

.07 Utilization of Standards.

A. (text unchanged)

B. Voluntary Dispute Resolution.

(1)—(4) (text unchanged)

(5) Neither a decision by the Codes Administration nor the Department under §B(3) or (4) of this regulation shall constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR [05.01.01] 09.01.02.

 

09.12.52 Industrialized Buildings and Manufactured Homes

Authority: Public Safety Article, §12-305, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Regulations” means the [State] Industrialized Buildings and Manufactured Homes Regulations (COMAR [05.02.04.01—.18] 09.12.52.01—.18).

(11)—(12) (text unchanged)

.07 Reference Standards.

The standards identified in the Model Performance Code which are incorporated by reference in COMAR [05.02.01] 09.12.50 shall constitute the reference standards for industrialized building construction in the State.

.08 Energy Conservation Standards.

All industrialized buildings shall be designed to meet all the applicable energy conservation standards as identified in the State Model Performance Code (COMAR [05.02.01] 09.12.50). In using these standards, the design shall be based on a minimum of 5,200 degree days.

.10 Label.

A.—B. (text unchanged)

C. State Certification Insignia. In addition to the approved testing facility label and the manufacturer’s data plate, each unit shall be marked by a State certification insignia secured from the Department of [Housing and Community Development] Labor, Licensing, and Regulation which shall identify the unit by State serial number. This serial number shall be the control number for location in the State.

D. (text unchanged)

.17 Code Enforcement Certification Board.

A. The Secretary shall appoint the members of the Code Enforcement Certification Board, to serve at the Secretary’s pleasure. There are nine members of the Board, including four certified code enforcement officials, and one from each of the following areas: licensed architect; registered engineer; representative of the Department of [Housing and Community Development] Labor, Licensing, and Regulation; educator; building industry representative. Members of the Board shall be citizens and residents of the United States and the State.

B.—D. (text unchanged)

 

09.12.53 Maryland Accessibility Code

Authority: [Housing and Community Development Article, §§2-111 and 3-103;] Public Safety Article, [§12-202;] §12-202(b), Annotated Code of Maryland

.05 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1)—(17) (text unchanged)

(18) “Secretary” means the Secretary of [Housing and Community Development] the Department of Labor, Licensing, and Regulation.

(19)—(23) (text unchanged)

.06 Implementation.

A. (text unchanged)

B. Interpretation. The Department of [Housing and Community Development] Labor, Licensing, and Regulation shall decide all questions relating to interpretation of this Code and shall determine whether any requests for waivers or exemptions from this Code may be approved.

C. (text unchanged).

.08 Standards Substantially Equivalent to 2010 ADA Standards.

A.— C. (text unchanged)

D. Determination of Substantial Equivalency.

(1)—(5) (text unchanged)

(6) A request for a determination under this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR [05.01.01] 09.01.02.

.09 Waiver Request.

A. (text unchanged)

B. Procedures.

(1) A written waiver request form and supporting documents shall be submitted in triplicate to the Director, [Maryland] Building Codes Administration, Department of [Housing and Community Development] Labor, Licensing, and Regulation.

(2) The [Maryland] Building Codes Administration shall review the documents submitted for completeness, and shall contact the applicant promptly for any additional information needed to process the request.

(3) Upon receipt of all required documents, the [Maryland] Building Codes Administration shall send one copy of the waiver request documents to the local government officials and one copy to the designated disability advisory group.

(4) The local government officials and the designated disability advisory group may provide their written comments jointly or separately to the [Maryland] Building Codes Administration within 21 days of dated transmittal from the [Maryland] Building Codes Administration.

(5) The [Maryland] Building Codes Administration shall review the waiver documents and any comments received from the local building officials and the agency or organization advocating for individuals with disabilities. For historic properties, the [Maryland] Building Codes Administration shall make its decisions in consultation with the State historic preservation officer or the officer’s designee.

(6) (text unchanged).

(7) Upon completion of the investigation, the Director of the [Maryland] Building Codes Administration, or the Director’s designee, shall determine if a waiver should be granted or denied based upon factors such as, but not limited to:

(a)—(c) (text unchanged)

(8) (text unchanged)

(9) The applicant may request reconsideration of the decision of the [Maryland] Building Codes Administration within 45 days by writing to the [Director] Commissioner of the Division of [Credit Assurance] Labor and Industry for a final administrative decision. The reconsideration review may include additional site visits and meetings with the applicants, the designated disability advisory group, and local building officials. The decision by the [Director] Commissioner of the Division of [Credit Assurance] Labor and Industry is final and binding upon the parties.

C. A waiver request and decision on it under §B(7) or (9) of this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR [05.01.01] 09.01.02.

 

.11 Copies of Standards and Code.

[A. Copies of the standards and Code referenced in this chapter may be obtained as follows:

(1) The Maryland Department of Housing and Community Development, 100 Community Place, Crownsville, Maryland 21032, telephone (410) 514-7220, TDD (410) 514-7531;

(2) United States Department of Justice, Office of the Americans with Disabilities Act, Civil Rights Division, P. O. 66118, Washington, D.C. 20035-6118, telephone (202) 514-0301(V), TT/TDD (202) 514-0381 or 0383;

(3) Architectural and Transportation Compliance Board, 1331 F Street, N.W., Suite 1000, Washington, D.C. 20004-1111, telephone V and TT/TDD (800) USA-ABLE, or V and TT/TDD (202) 272-5434;

(4) Independence Center for Northern Virginia, 2111 Wilson Boulevard, Suite 400, Arlington, Virginia 22201, telephone (703) 525-3268, V/TT/TDD (800) ADA-4999;

(5) United States Department of Housing and Urban Development (HUD), Office of the General Counsel, 451 Seventh Street, S.W., Washington, D.C. 20410-0500, telephone (202) 755-5570, TDD (800) 543-8294;

(6) Public libraries throughout Maryland.

B. The final rule implementing the Fair Housing Amendments Act of 1988 is available in braille and on tapes at the United States Department of Housing and Urban Development (HUD), Office of the Rules Docket Clerk, Room 10276, 451 Seventh Street, S.W., Washington, D.C. 20410-0500, telephone (202) 755-5570, TDD (800) 543-8294.]

Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories is available online at www.dsd.state.md.us.

 

09.12.54 Minimum Livability Code

Authority: Public Safety Article, §12-203(c), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Department” means the Department of [Housing and Community Development] Labor, Licensing, and Regulation.

(5)—(10) (text unchanged)

 

09.12.55 Safety Glazing

Authority: Public Safety Article, [Title 12, Subtitle 4] §§12-403 and 12-404, Annotated Code of Maryland

.01 Purpose and Authority.

A. These regulations are adopted pursuant to Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland. This law provides for determinations by the Secretary of [Housing and Community Development] Labor, Licensing, and Regulation as to three subjects: Further requirements for standards of safety glazing material; additional glazed elements to be designated “hazardous locations”; and exceptions of certain panels from the definition of “hazardous locations”.

B. (text unchanged)

.02 Reference Standards and Specific Hazardous Locations.

A. The reference standards and specific hazardous locations applicable to safety glazing shall be those identified in COMAR [05.02.01] 09.12.50 Maryland Model Performance Code.

B. (text unchanged)

 

09.12.58 Maryland Building Rehabilitation Code Regulations

Authority: Public Safety Article, §§12-1004 and 12-1007(a), Annotated Code of Maryland

.04 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Department” means the Department of [Housing and Community Development] Labor, Licensing, and Regulation.

(5)—(6) (text unchanged)

(7) “Minimum Livability Code” means COMAR [05.02.03] 09.12.54, exclusive of any local amendments or codes that may have been adopted.

(8) “Secretary” means the Secretary of [the Department of Housing and Community Development] Labor, Licensing, and Regulation.