Maryland Building Code & Construction Permit Law
Maryland Code · 15 sections
The following is the full text of Maryland’s building code & construction permit law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.
Md. Code, Bus. Occ. & Prof. GBO 12-205
§12–205.
(a) The Board may adopt regulations to amend the State Plumbing Code.
(b) (1) The Board may adopt, as part of the State Plumbing Code, regulations to carry out the purposes of and to enforce §§ 12–605 and 12–606 of this title.
(2) The Board may adopt standards of the American National Standards Institute or any other nationally recognized organization.
(3) The Board shall adopt, as part of the State Plumbing Code, regulations to carry out the purposes of and to enforce §§ 12–605.1 and 12–605.2 of this title.
(c) (1) At least once a year, the Board shall review:
(i) new and existing standards of the American National Standards Institute and any other organization listed in the State Plumbing Code or the Model Performance Building Code for water conserving appliances, devices, fittings, and fixtures; and
(ii) the availability and cost of water conserving appliances, devices, fittings, and fixtures that conform to the standards.
(2) If the Board finds that a water conserving appliance, device, fitting, or fixture that conforms to the standards of the American National Standards Institute or any other organization listed in the State Plumbing Code or the Model Performance Building Code is readily available at reasonable cost, the Board shall amend the State Plumbing Code to:
(i) incorporate the standards for and require use of the water conserving appliance, device, fitting, or fixture; and
(ii) require the use of a water supply system and a drainage and venting system that are designed based on the hydraulic requirements of the required water conserving appliances, devices, fittings, and fixtures.
(3) Notwithstanding the availability and cost of the appliance, device, fitting, or fixture, the Board may allow, under the State Plumbing Code, the installation of a water conserving appliance, device, fitting, or fixture that meets the standards of the American National Standards Institute or any other organization listed in the State Plumbing Code or the Model Performance Building Code, subject to the use of a water supply system and a venting and drainage system design based on the hydraulic requirements of the appliance, device, fitting, or fixture.
(d) The Board shall:
(1) periodically publish an updated version of the State Plumbing Code; and
(2) make available on request of any person a copy of the State Plumbing Code for a reasonable fee.
Md. Code, Bus. Occ. & Prof. GBO 12-503
§12–503.
(a) Each individual whom the State, a county, or a local government appoints or employs as a plumbing inspector shall:
(1) each year attend a continuing education course that the Board or, with the approval of the Board, a county or local government conducts; and
(2) meet minimum standards that:
(i) adequately ensure that the plumbing inspector is qualified to inspect in accordance with the State Plumbing Code;
(ii) are established:
1. by the county or local government in consultation with the Board; or
2. if there is no standard established by the county or local government, by the Board; and
(iii) are administered:
1. for a county or local government inspector, by the county or local government that appoints or employs the inspector; and
2. for a State inspector, by the State.
(b) (1) Except as provided in paragraph (2) of this subsection, a county or local government may employ an individual as a plumbing inspector only if the individual holds a master plumber license issued by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.
(2) Paragraph (1) of this subsection does not apply to a county or local government that uses combination building code inspectors to conduct concurrent trade–specific inspections on residential or commercial buildings to determine compliance with adopted plumbing codes and building codes if the combination building code inspector, as part of the inspector’s training, has passed:
(i) a master plumber examination given by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission; or
(ii) the plumbing inspector’s test administered by the Board.
(c) An individual may not have any financial interest in any plumbing business while employed by the State, a county, or any local government as a plumbing inspector.
(d) (1) On appointment or employment, the individual shall place the master plumber license, journey plumber license, or limited license on inactive status.
(2) The Board may issue a plumbing inspector identification card to a plumbing inspector who has placed the appropriate license on inactive status.
(3) On termination of the appointment or employment of an individual as a plumbing inspector, the Board shall reactivate the master plumber license, journey plumber license, or limited license of an individual who is on inactive status, without examination, if the individual:
(i) makes a written request to the Board; and
(ii) pays to the Board a reactivation fee set by the Board.
(e) The Board may impose a reasonable fee to cover the costs of conducting the continuing education courses under subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 14-208.1
§14–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees and certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees, certificate holders, and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board of Architects, the State Board of Examiners of Landscape Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license or a certificate and each code official, a copy of the Maryland Professional Engineers Act and the Board’s rules and regulations;
(2) on each renewal of a license or certificate, to each licensee or certificate holder, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations.
(e) A licensee or certificate holder shall designate the licensee’s or certificate holder’s mailing address at the time of issuance of the license or certificate and on each renewal of the license or certificate.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-01
§16–3A–01.
(a) Except as otherwise provided in this title, an individual shall be licensed by the Commission as a home inspector before the individual may provide home inspection services in the State.
(b) This title does not apply to:
(1) an individual who is employed as a building code enforcement official by the State or a political subdivision of the State, while acting within the scope of that employment;
(2) an individual who is employed as a federal or State inspector, while acting within the scope of that employment;
(3) a plumber, electrician, professional engineer, real estate appraiser, real estate broker or agent, or heating, ventilation, air-conditioning, or refrigeration contractor who is licensed in the State, while acting within the scope of that license;
(4) a roofer, general contractor, remodeler, or structural pest control specialist, while acting within the scope of that occupation; or
(5) any other professional whose services may be required in the building or remodeling of real property and who does not claim to be a licensed home inspector.
Md. Code, Bus. Occ. & Prof. § 3-101
§3–101. (a) In this title the following words have the meanings indicated. (b) “Architect” means an individual who practices architecture. (c) “Board” means, unless the context requires otherwise, the State Board of Architects. (d) “Code official” means a public official responsible for the review of building permit documents or the issuance of building permits. (e) “Contact hour” means a minimum of 50 minutes of actual class time for each 60–minute hour. (f) “Design coordination” means the review and coordination of services provided by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article. (g) “License” means, unless the context requires otherwise, a license issued by the Board to practice architecture. (h) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license and the issuance of a reciprocal license. (i) “Licensed architect” means, unless the context requires otherwise, an architect who is licensed by the Board to practice architecture. (j) “Permit” means, unless the context requires otherwise, a permit issued by the Board to allow a partnership or corporation to operate a business through which an individual may practice architecture. (k) “Permit fee” means, as applicable, the fee paid in connection with the issuance and renewal of a permit. (l) (1) “Practice architecture” means to provide any service or creative work: (i) in regard to an addition to, alteration of, or construction of a building or an integral part of a building; and (ii) that requires education, training, and experience in architecture. (2) “Practice architecture” includes: (i) architectural design and preparation of related documents; (ii) consultation; (iii) design coordination; (iv) evaluation; (v) investigation; and (vi) planning. (m) “Public use” means the use of a building or other structure for the primary purpose of human use or habitation. (n) “Residential use” means the use of a building or other structure as a dwelling.
Md. Code, Bus. Occ. & Prof. § 3-103
§3–103. (a) Except as otherwise provided in this section, all architectural documents prepared in connection with the addition, alteration, construction, or design of a building, an integral part of a building, or a group of buildings which are intended for public use or residential use shall be signed, sealed, and dated by a licensed architect in accordance with § 3-501 of this title. (b) A licensed architect may perform design coordination for a project or portion of a project provided that the licensed architect: (1) holds a current license issued by the Board; and (2) has adequate experience in, and understanding of, achieving the purpose of the project or portion of the project being coordinated. (c) This title does not limit the right of: (1) a construction contractor to administer construction contracts; (2) a developer, builder, or contractor to provide design services related to the developer’s, builder’s, or contractor’s own construction of new or existing single-family or two-family dwellings, or structures ancillary to them, or farm buildings; (3) a certified interior designer or other individual to provide interior design services as that term is defined in Title 8 of this article; or (4) an individual to prepare plans, drawings, and other documents in connection with the addition, alteration, construction, design, or repair of a single-family dwelling and appurtenances that are for the personal use of that individual or a member of the immediate family of that individual. (d) (1) A person may not be required to employ a licensed architect in connection with the alteration or repair of an existing building or structure in a municipal corporation if the alteration or repair: (i) does not adversely affect the structural system of the building, including foundations, footings, walls, floors, roofs, bearing partitions, beams, columns, joists, or the mechanical, electrical, or plumbing systems; and (ii) 1. complies with the Maryland Rehabilitation Code and does not exceed $25,000 in estimated costs, including labor and materials for alterations or repairs limited to: A. minor interior alterations or cosmetic or similar repairs; and B. fixtures, cabinetwork or furniture; or 2. does not exceed $10,000 in estimated costs, including labor and materials, for alterations or repairs limited to: A. Storefronts, facades, or similar replacements; B. exterior stairways, landings, decks, or ramps; C. joists; or D. a mechanical, electrical, or plumbing system. (2) Any work performed under this subsection shall be in compliance with the Americans with Disabilities Act and the Maryland Building Performance Standards set forth in Title 12, Subtitle 5 of the Public Safety Article. (3) The exclusion provided for in this subsection shall be used only once per building or structure in a 12–month period. (4) A building permit issued under this subsection: (i) shall contain an affidavit signed by the person who has submitted the permit stating that the repair or alteration is in compliance with this subsection; and (ii) may not be amended or revised in any way to cause the alteration or repair to exceed the maximum amount in total costs authorized under paragraph (1) of this subsection, including labor and materials. (5) Any building permit issued under this subsection that contains technical submissions that fail to conform to the requirements of this subsection shall be invalid. (e) Notwithstanding the provisions of subsection (d) of this section, a code official may require that architectural documents for alterations or repairs of existing buildings or structures be signed and sealed by a licensed architect if the code official determines that the signature and seal of a licensed architect is necessary to provide conformity with the Maryland Building Performance Standards or to otherwise provide for the health and safety of the public.
Md. Code, Bus. Occ. & Prof. GBO 3-208.1
§3–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Occ. & Prof. GBO 3-501
§3–501.
(a) Before a licensed architect issues to a client or submits to a public authority any final drawing, plan, specification, report, or other document required for the issuance of a building permit, the licensed architect who prepared or approved the document shall sign, seal, and date the document.
(b) Subject to exceptions stated and rights granted under § 3-103 of this title, a public authority may not accept any architectural drawing, plan, specification, report, or other document, unless the document is endorsed as required under subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 6-313
§6–313.
(a) (1) Except as provided in paragraph (2) of this subsection, a county or local government may employ an individual as an electrical inspector only if the individual:
(i) holds a State license or local license, as applicable;
(ii) previously held, within the last 5 years, a State license or local license, as applicable, that was not suspended or revoked; or
(iii) is certified by:
1. the International Code Council as a combination inspector or as an electrical inspector for residential or commercial buildings;
2. the North American Board of Certified Energy Practitioners; or
3. a certifying entity that is comparable to the entity listed in item 1 or 2 of this item.
(2) Paragraph (1) of this subsection does not apply to a county or local government that uses code inspectors or combination building code inspectors to conduct trade–specific inspections on residential or commercial buildings to determine compliance with adopted electrical codes or related building codes.
(b) An individual may not have any financial interest in any electrical business while employed by the State, a county, or a local government as an electrical inspector.
(c) (1) On appointment or employment as an electrical inspector, the individual:
(i) shall place the State license of the individual on uninsured status; and
(ii) except for the renewal fee, shall meet the uninsured status requirements of § 6–311 of this subtitle.
(2) The State Board may issue an electrical inspector identification card to an electrical inspector who has placed the State license on uninsured status.
(3) The State Board may not charge a fee to issue the identification card.
(d) The State Board may change the status of an electrical inspector to individual uninsured status, if the electrical inspector:
(1) meets the uninsured status requirements of § 6–311 of this subtitle; and
(2) pays an uninsured status fee set by the State Board.
(e) On termination of the appointment or employment of an individual as an electrical inspector, the State Board shall reactivate the State license of the individual who is on uninsured status, without examination, if the individual meets the reactivation requirements for a State license under § 6–311(f) of this subtitle, including payment of the reactivation fee.
Md. Code, Bus. Occ. & Prof. GBO 6-316
§6–316.
(a) (1) Subject to the hearing provisions of § 6–317 of this subtitle, the State Board may deny a State license to any applicant, reprimand any State licensee, or suspend or revoke a State license if the applicant or State licensee:
(i) fraudulently or deceptively obtains or attempts to obtain a State license for the applicant, State licensee, or another person;
(ii) fraudulently or deceptively uses a State license;
(iii) transfers the authority granted by a State license to another person;
(iv) engages in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article;
(v) willfully or deliberately disregards and violates a building code, electrical code, or law of the State or a local jurisdiction;
(vi) under the laws of the United States or of any state, is convicted of:
1. a felony; or
2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide electrical services;
(vii) aids or abets a person to evade a provision of this title;
(viii) willfully or deliberately disregards disciplinary action taken by a local jurisdiction against the individual in connection with the provision of electrical services;
(ix) fails in a material respect to comply with a provision of this title;
(x) fails to train and control adequately a person who, while under the supervision of the State licensee, sells or estimates electrical work or provides or assists in providing electrical services;
(xi) fails to maintain a local registration, if required, under § 6–601 of this title;
(xii) fails to maintain the general liability and property damage insurance required under § 6–604 of this title;
(xiii) offers or provides electrical services outside the scope of the license held by the licensee;
(xiv) permits another licensee employed by the individual to provide electrical services outside the scope of that individual’s license;
(xv) without justification, fails to perform a contract or abandons a project to provide electrical services;
(xvi) provides electrical services that are inadequate or incomplete, according to the terms of a contract or a project;
(xvii) directly or indirectly publishes an advertisement relating to the provision of electrical services that contains a representation or statement that is false, deceptive, or misleading;
(xviii) certifies on a license renewal application that the continuing education requirement of license renewal has been completed if the licensee has not fully completed the continuing education requirement at the time the license renewal application is submitted;
(xix) violates any other provision of this title; or
(xx) violates any regulation adopted under this title.
(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a civil penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(iii) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
(b) Allowing a State license to be used by another person is, in a disciplinary proceeding under this section, prima facie evidence that a State licensee transferred the authority granted by a State license to another person.
(c) The State Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a State license or the reprimand of a State licensee when an applicant or State licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vi) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the State license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or State licensee to provide electrical services;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or State licensee before and after the conviction.
(d) This section may not be construed to limit the ability of a local board to take disciplinary action against the holder of a local registration or the holder of a local permit in that jurisdiction under § 6–103 of this title.
Md. Code, Bus. Occ. & Prof. GBO 6-603
§6–603.
(a) An electrician may obtain an electrical permit or any other similar permit from a local jurisdiction, if the electrician:
(1) (i) holds a State license; and
(ii) is actively registered locally, if required;
(2) shows proof of the State license;
(3) pays any permit fee that the local jurisdiction requires; and
(4) provides proof of insurance in compliance with the requirements of § 6–604 of this subtitle.
(b) Before a local jurisdiction issues an electrical permit or similar permit to an electrician under this section, the local jurisdiction shall give the electrician notice of any local electrical requirements with which the electrician shall comply while providing electrical services in that local jurisdiction.
(c) (1) Except as provided in paragraph (2) of this subsection, on payment of the permit fee that the local jurisdiction requires, the local jurisdiction shall issue the appropriate permit to each applicant who meets the requirements of this section.
(2) A local jurisdiction may delay the issuance of an electrical permit under this subsection if, for a particular job, the local jurisdiction requires the issuance of other permits, including a building permit, before issuance of the electrical permit.
Md. Code, Bus. Occ. & Prof. GBO 8-206.1
§8–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all certificate holders and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a certificate and each code official, a copy of the Maryland Certified Interior Designers Act and the Board’s rules and regulations;
(2) on each renewal of a certificate, to each certificate holder, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations.
(e) A certificate holder shall designate the certificate holder’s mailing address at the time of issuance of the certificate and on each renewal of the certificate.
Md. Code, Bus. Reg. § 8-505
§8–505. (a) In this section, “building code” includes a code that deals with mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air conditioning matters. (b) A county or municipal corporation shall notify the Commission of each contractor who fails to correct a violation of the applicable local or State building code within a reasonable time after the contractor receives notice of the violation.
Md. Code, Bus. Occ. & Prof. GBO 9-206.1
§9–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Landscape Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Reg. § 9A-310
§9A–310. (a) (1) The Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license after a public hearing conducted in accordance with the provisions of § 9A-311 of this subtitle, if the Board finds that the individual: (i) obtained a license by false or fraudulent representation; (ii) transferred the authority granted by the license to another person; (iii) willfully or deliberately disregarded and violated the code established by the Board under this title; (iv) willfully or deliberately disregarded and violated building codes, electrical codes, or laws of the State or of any municipality, city, or county of the State; (v) under the laws of the United States or of any state, is convicted of: 1. a felony; or 2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide heating, ventilation, air-conditioning, or refrigeration services; (vi) aided or abetted a person to evade a provision of this title by allowing a license to be used by an unlicensed person, firm, or corporation; (vii) willfully or deliberately disregarded disciplinary action taken by a municipality, city, or county against the individual in connection with providing heating, ventilation, air-conditioning, or refrigeration services; (viii) abandoned or failed to perform, without justification, any contract or project to provide heating, ventilation, air-conditioning, or refrigeration services; (ix) performed work under a heating, ventilation, air-conditioning, or refrigeration services contract or project that is inadequate or incomplete; (x) directly or indirectly published any advertisement relating to the providing of heating, ventilation, air-conditioning, or refrigeration services that contained an insertion, representation, or statement of fact that is false, deceptive, or misleading; (xi) made any material misrepresentation in the procurement of a heating, ventilation, air-conditioning, or refrigeration services contract or project; (xii) failed in any material respect to comply with the provisions of this title; (xiii) as the holder of a master restricted, limited, journeyman, or apprentice license, performed heating, ventilation, air-conditioning, or refrigeration services outside the scope of that license; or (xiv) knowingly allowed or permitted another licensee to perform heating, ventilation, air-conditioning, or refrigeration services outside the scope of that individual’s license. (2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation. (ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider: 1. the seriousness of the violation; 2. the harm caused by the violation; 3. the good faith of the licensee; and 4. any history of previous violations by the licensee. (3) The Board shall pay any penalty collected under this subsection into the General Fund of the State. (b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(v) of this section: (1) the nature of the crime; (2) the relationship of the crime to the activities authorized by the license; (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide heating, ventilation, air-conditioning, and refrigeration services; (4) the length of time since the conviction; and (5) the behavior and activities of the applicant or licensee before and after the conviction.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)