Maryland Electrical Licensing Law
Maryland Code · 65 sections
The following is the full text of Maryland’s electrical licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.
Md. Code, Bus. Occ. & Prof. GBO 14-202
§14–202.
(a) (1) The Board consists of eight members.
(2) Of the eight members of the Board:
(i) six shall be engineers; and
(ii) two shall be consumer members.
(3) Of the six engineer members of the Board:
(i) one shall be a chemical engineer;
(ii) two shall be civil engineers;
(iii) one shall be an electrical engineer;
(iv) one shall be a mechanical engineer; and
(v) one shall be a professional engineer appointed without regard to specific professional practice who shall represent other designations of professional engineering.
(4) The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.
(5) (i) The Governor shall appoint each of the engineer members from a single list of at least 3 names of engineers submitted by the local chapters of the applicable professional organization, as set forth in this paragraph and any list of qualified individuals that may have been submitted to the Governor by any person who is a resident of the State.
(ii) For the chemical engineer member, the list shall be submitted by the American Institute of Chemical Engineers.
(iii) For the civil engineer members, the list shall be submitted by the American Society of Civil Engineers.
(iv) For the electrical engineer member, the list shall be submitted by the Institute of Electrical and Electronics Engineers.
(v) For the mechanical engineer member, the list shall be submitted by the American Society of Mechanical Engineers.
(vi) For the one engineer member identified in paragraph (3)(v) of this subsection, the list shall be submitted by the Maryland Society of Professional Engineers.
(b) Each member of the Board shall be:
(1) a citizen of the United States; and
(2) a resident of the State.
(c) (1) Each engineer member of the Board shall have:
(i) practiced engineering for at least 10 years; and
(ii) been in responsible charge of important engineering work for at least 5 years.
(2) Each engineer member of the Board shall be licensed as a professional engineer in this State at all times during the member’s term on the Board.
(d) Each consumer member of the Board:
(1) shall be a member of the general public;
(2) may not be a licensee or otherwise be subject to regulation by the Board;
(3) may not be required to meet the qualifications for the professional members of the Board; and
(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
(e) While a member of the Board, a consumer member may not:
(1) have a financial interest in or receive compensation from a person regulated by the Board; or
(2) grade any examination given by or for the Board.
(f) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(g) (1) The term of a member is 5 years and begins on July 1.
(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2011.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(h) (1) The Governor may remove a member for incompetence, misconduct, neglect of duties, or other sufficient cause.
(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Bus. Occ. & Prof. GBO 16-101
§16–101.
(a) In this title the following words have the meanings indicated.
(b) (1) “Appraisal” means an analysis, conclusion, or opinion about the nature, quality, utility, or value of interests in or aspects of identified real estate.
(2) “Appraisal” includes:
(i) a valuation appraisal;
(ii) an analysis assignment; and
(iii) a review assignment.
(3) “Appraisal” does not include an opinion to a potential seller or third party by a person licensed under Title 17 of this article about the recommended listing price or recommended purchase price of real estate, provided that the opinion is not referred to as an appraisal.
(c) “Appraisal report” means any communication, oral or written, of an appraisal.
(d) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(e) (1) “Certificate” means, unless the context requires otherwise, a certificate issued by the Commission that allows an individual to provide certified real estate appraisal services.
(2) “Certificate” includes, unless the context requires otherwise, each of the following certificates:
(i) a certificate to provide certified real estate appraisal services for general real estate; and
(ii) a certificate to provide certified real estate appraisal services for residential real estate.
(f) “Certified appraisal report” means an appraisal report prepared and signed by a certified real estate appraiser.
(g) (1) “Certified real estate appraiser” means, unless the context requires otherwise, an individual who is certified by the Commission to provide certified real estate appraisal services.
(2) “Certified real estate appraiser” includes:
(i) a certified real estate appraiser for general real estate; and
(ii) a certified real estate appraiser for residential real estate.
(h) “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
(i) “Home inspection” means a written evaluation of one or more of the components of an existing residential building, including the heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components, or any other related residential housing component.
(j) “Home inspector” means an individual who provides home inspection services for compensation.
(k) “License” means, unless the context requires otherwise, a license issued by the Commission to provide real estate appraisal services or to provide home inspection services.
(l) “Licensed home inspector” means an individual who is licensed by the Commission to provide home inspection services.
(m) “Licensed real estate appraiser” means an individual who is licensed by the Commission to provide real estate appraisal services.
(n) “Provide certified real estate appraisal services” means to provide real estate appraisal services as a certified real estate appraiser.
(o) “Provide home inspection services” means to provide home inspection services as a licensed home inspector.
(p) “Provide real estate appraisal services” means to make for consideration an appraisal of real estate or prepare or sign an appraisal report in connection with a federally related transaction, as defined in the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(q) (1) “Real estate” means any interest in real property that is located in the State or elsewhere.
(2) “Real estate” includes:
(i) an interest in a condominium; and
(ii) a time–share estate or a time–share license, as those terms are defined in § 11A–101 of the Real Property Article.
(r) “Real estate appraiser trainee” means an individual who is licensed by the Commission to provide real estate appraisal services while:
(1) under the supervision of a supervising appraiser; and
(2) in training to become a licensed real estate appraiser or certified real estate appraiser.
(s) “Supervising appraiser” means a certified residential real estate appraiser or a certified general real estate appraiser who has the responsibility of supervising one or more real estate appraiser trainees.
(t) (1) “Supervision” means the responsibility of a supervising appraiser to provide on–site direction or immediately available direction, through written instructions or by electronic means, to real estate appraiser trainees performing real estate appraisal services.
(2) “Supervision” includes a supervising appraiser accepting direct responsibility for a real estate appraisal prepared by the real estate appraiser trainee while the trainee is under the supervising appraiser’s direction on a specific appraisal assignment.
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. GBO 16-703.2
§16–703.2.
(a) This section applies only in Baltimore City.
(b) A licensed home inspector conducting an inspection of a rental dwelling under Article 13, § 5–7 of the Baltimore City Code may not make a certification as a part of that inspection relating to:
(1) the presence or identification of pests, unless the home inspector is certified as a pest control consultant, pest control applicator, or public agency applicator under § 5–207 of the Agriculture Article; or
(2) the dwelling’s electrical system, unless the home inspector has completed a minimum of 8 hours of training in electrical systems certified by the Baltimore City Housing Commissioner.
(c) The electrical training required under subsection (b)(2) of this section shall be in addition to the training required under Subtitle 3A of this title.
Md. Code, Bus. Occ. & Prof. GBO 17-527.4
§17–527.4.
(a) (1) In this section, “service provider” includes a mortgage lender, a mortgage broker, a real estate appraiser, a home inspector, a plumber, an electrician, and a heating, ventilation, air–conditioning, and refrigeration contractor.
(2) “Service provider” does not include a home improvement contractor.
(b) Notwithstanding any other provision of law and except as otherwise provided in subsection (c) of this section, if a licensee offers the name of a service provider to a client in the provision of real estate brokerage services, the licensee need not verify that the service provider is currently licensed by the State to perform the services.
(c) If a licensee offers the name of a home improvement contractor to a client, the licensee shall:
(1) annually verify that the home improvement contractor is licensed by the Home Improvement Commission under Title 8 of the Business Regulation Article to act as a home improvement contractor before offering the name to the client; and
(2) inform the client of the website on which the licensing information may be found, and the date on which the licensee verified the information.
Md. Code, Bus. Occ. & Prof. GBO 18-102
§18–102.
(a) This title does not apply to an officer or employee of any unit of the United States, of any state, or of any county, municipal corporation, or other political subdivision of any state, while performing a duty of the office or employment.
(b) (1) This title does not supersede any local law or ordinance in the State that establishes standards or qualifications for electricians or for electrical work involved in the installation of security systems or security alarms.
(2) This title does not authorize an individual to perform electrical work that otherwise requires an electrician’s license under any State or local law or ordinance.
(3) Except as provided in paragraph (4) of this subsection, this title supersedes any local law or ordinance in the State that requires registration, training, bonding, or insurance for security systems technicians or other individuals who have access to circumventional information.
(4) This title does not preempt local governments from licensing or regulating security system agencies or security system users.
(c) (1) The licensing requirements of this title do not apply to a master electrician who:
(i) currently is licensed in that occupation under State or local law; and
(ii) is acting only within the scope of that occupation.
(2) A master electrician may not:
(i) personally provide security systems services unless the master electrician is registered as a security systems technician; or
(ii) obtain access to circumventional information unless the master electrician is registered as an individual with access to circumventional information.
(d) This title does not apply to a person who sells security systems at a retail establishment or by means of a catalog or brochure for future delivery, provided that the person does not:
(1) enter the premises of the customer’s property; or
(2) have access to circumventional information.
(e) This title does not apply to a commercial property owner or its authorized agent performing the routine operation, including the changing of the passcodes, of a security system that protects the premises of the owner’s commercial property.
(f) This title may not be construed to require:
(1) a person engaged in the business of providing security systems services for compensation to obtain more than one license under this title to provide security systems services;
(2) a security systems technician, in addition to being registered under this title, to obtain a license under this title, if the security systems technician is employed by or under contract with a security systems agency; or
(3) an individual who is licensed under this title to be registered under Subtitle 3A of this title.
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 5-101
§5–101.
(a) In this title the following words have the meanings indicated.
(b) “Apprentice” means an individual who is learning to practice cosmetology or any limited practice of cosmetology in a beauty salon that holds a beauty salon permit under the supervision of:
(1) if learning to practice cosmetology, a licensed senior cosmetologist;
(2) if learning to provide esthetic services, a licensed senior cosmetologist or a licensed esthetician with 2 years’ experience;
(3) if learning to provide hair services, a licensed senior cosmetologist or a licensed hairstylist with 2 years’ experience; and
(4) if learning to provide nail technician services, a licensed senior cosmetologist or a licensed nail technician with 2 years’ experience.
(c) (1) “Beauty salon” means any commercial establishment, except a barbershop, in which an individual practices cosmetology.
(2) “Beauty salon” includes a mobile beauty salon.
(3) “Beauty salon” does not include a clinic in a cosmetology school.
(d) “Beauty salon permit” means a permit issued by the Board to operate a beauty salon.
(e) “Board” means the State Board of Cosmetologists.
(f) “Cosmetologist” means an individual who practices cosmetology.
(g) “Hairstylist” means an individual who provides hair services.
(h) “Hairstylist – blow dry technician” means an individual who provides hair services – blow drying;
(i) (1) “License” means, unless the context requires otherwise, a license issued by the Board.
(2) “License” includes, unless the context requires otherwise, each of the following licenses:
(i) a license to practice cosmetology;
(ii) a license to practice as a senior cosmetologist;
(iii) a limited license to provide esthetic services;
(iv) a limited license to provide hair services;
(v) a limited license to provide hair services – blow drying;
(vi) a limited license to provide nail technician services; and
(vii) a limited license to provide eyelash extension services.
(j) “Licensed cosmetologist” means, unless the context requires otherwise, a cosmetologist who is licensed by the Board to practice cosmetology.
(k) “Licensed senior cosmetologist” means a person who:
(1) has at least 2 years of experience as a licensed cosmetologist; and
(2) has passed a test approved by the Board.
(l) (1) “Limited license” means a license issued by the Board to practice cosmetology as limited in § 5–301 of this title.
(2) “Limited license” includes, unless the context requires otherwise, each of the following licenses:
(i) a limited license to provide esthetic services;
(ii) a limited license to provide hair services;
(iii) a limited license to provide hair services – blow drying;
(iv) a limited license to provide nail technician services; and
(v) a limited license to provide eyelash extension services.
(m) “Mobile beauty salon” means a beauty salon that is located in a motor vehicle or a trailer that is designed, constructed, and equipped as a place for an individual to practice cosmetology and for use as a conveyance on highways.
(n) (1) “Practice cosmetology” means to engage in any of the following for compensation:
(i) providing hair services;
(ii) arching or dyeing eyebrows;
(iii) dyeing eyelashes;
(iv) providing esthetic services;
(v) providing nail technician services; or
(vi) providing eyelash extension services.
(2) The practice of cosmetology does not include:
(i) the mere sale, fitting, or styling of wigs or hairpieces;
(ii) the mere shampooing of hair; or
(iii) a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device, provided that the service does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.
(o) (1) “Provide esthetic services” means to provide to an individual, for compensation, the service of:
(i) cleansing, exercising, exfoliating, massaging, cosmetic microneedling, stimulating, toning, or performing any other similar procedure on the skin or scalp by electrical, mechanical, or any other means;
(ii) applying to the face, body, or scalp an alcohol, cream, lotion, astringent, or cosmetic preparation;
(iii) removing superfluous hair by the use of electrical, mechanical, or any means other than by the use of a laser light–based device; or
(iv) providing eyelash extension services.
(2) “Provide esthetic services” includes:
(i) applying eyelash extensions;
(ii) performing superficial exfoliation treatments of the epidermis using professional and other commercially available products or devices;
(iii) performing treatments for the relaxation, hydration, contouring, and beautification of the face, skin, body, eyelashes, or eyebrows; and
(iv) performing nonablative skin rejuvenation.
(3) “Provide esthetic services” does not include:
(i) the diagnosis of illness, disease, or injury; or
(ii) performing ablation of the dermis or hypodermis.
(p) “Provide eyelash extension services” means to provide to an individual, for compensation, the service of:
(1) cleaning the eye area;
(2) applying:
(i) eyelash primers and adhesives;
(ii) eyelash extensions; and
(iii) sealant; or
(3) drying the eye area for eyelash extensions.
(q) “Provide hair services” means to provide to an individual for compensation the service of beautifying, cleaning, or embellishing the hair of the individual by:
(1) arranging the hair;
(2) bleaching the hair;
(3) cleansing the hair;
(4) coloring the hair;
(5) curling the hair;
(6) cutting the hair;
(7) dressing the hair;
(8) singeing the hair;
(9) permanent waving the hair;
(10) waving the hair; or
(11) performing any other similar procedure intended to beautify, clean, or embellish the hair.
(r) “Provide hair services – blow drying” means to provide to an individual for compensation the service of beautifying, cleaning, or arranging the hair of the individual by:
(1) arranging the hair;
(2) cleansing the hair;
(3) curling the hair;
(4) dressing the hair;
(5) blow drying the hair;
(6) singeing the hair; or
(7) performing any other similar procedure intended to beautify, clean, or arrange the hair.
(s) “Provide nail technician services” means to provide to an individual, for compensation, the service of:
(1) manicuring or pedicuring the individual’s nails;
(2) applying artificial nail enhancement products; or
(3) maintaining artificial nail enhancement products.
Md. Code, Bus. Occ. & Prof. GBO 6-101
§6–101.
(a) In this title the following words have the meanings indicated.
(b) (1) “Assignment of local registration” means any procedure by which a licensee or registrant grants to another person a right to use a local registration to enable that person to engage in the business of providing electrical services.
(2) “Assignment of local registration” includes any procedure by which:
(i) a licensee or registrant agrees to be the representative of another person; and
(ii) by virtue of that agreement, the other person is authorized to engage in the business of providing electrical services.
(c) “Engage in the business of providing electrical services” means to engage in providing electrical services for compensation.
(d) (1) “License” means, unless the context requires otherwise, a license issued by the State Board to provide or assist in providing electrical services.
(2) “License” includes, unless the context requires otherwise:
(i) a master electrician license; and
(ii) a journeyperson electrician license.
(e) “Licensed apprentice electrician” means, unless the context requires otherwise, an electrician who is licensed by the State Board to assist in providing electrical services while:
(1) under the direction or control of a licensed master electrician; and
(2) in training to become a journeyperson electrician.
(f) “Licensed journeyperson electrician” means, unless the context requires otherwise, an electrician who is licensed by the State Board to provide or assist in providing electrical services while:
(1) under the direction or control of a licensed master electrician; and
(2) in training to become a master electrician.
(g) “Licensed master electrician” means, unless the context requires otherwise, a master electrician who is licensed by the State Board to provide electrical services.
(h) “Local board” means a board that a local jurisdiction of the State creates to regulate any aspect of the electrical trade.
(i) “Local registration” means, unless the context requires otherwise, a registration that is issued by a local board to provide electrical services.
(j) “Master electrician” means an individual who has the experience, knowledge, and skill to provide electrical services in all aspects of the electrical trade, in a manner that complies with applicable plans, specifications, codes, or law.
(k) (1) “Provide electrical services” means to provide any service in the electrical trade.
(2) “Provide electrical services” includes installing, repairing, maintaining, erecting, or altering any electrical equipment, wiring, fixture, appliance, apparatus, raceway, conduit, or system that:
(i) generates, transmits, transforms, or uses electrical energy in any form for light, heat, power, or communication; and
(ii) is located within a plant, substation, or elsewhere.
(l) “State Board” means the State Board of Electricians.
(m) “State license” means a license that is issued by the State Board to an electrician.
Md. Code, Bus. Occ. & Prof. GBO 6-103
§6–103.
(a) This title does not affect the right of any local jurisdiction of the State:
(1) to regulate locally the quality and character of work of a person who engages in the business of providing electrical services by establishing a system of registrations, permits, fees, and inspections designed to:
(i) ensure compliance with and implementation of State and local building laws; or
(ii) enforce other local laws protecting public health and safety;
(2) to require a person who engages in the business of providing electrical services to submit any plan or specification for approval before the electrical services are provided;
(3) to establish a local board to:
(i) carry out items (1) and (2) of this subsection;
(ii) take any disciplinary action, except for revocation of a license issued by the State Board, against the holder of a local registration or the holder of a local permit who violates any provision of this title or any local law; and
(iii) report any enforcement activity to the State Board;
(4) except as provided in §§ 6–504 and 6–602 of this title and subject to the requirements of this section, to require an examination before issuing a registration to provide electrical services within the local jurisdiction; or
(5) to collect, from a person who is registered with a local board, fees for:
(i) an examination for a registration to provide electrical services;
(ii) issuance and renewal of the registration; or
(iii) an inspection.
(b) If a local jurisdiction registers any class of electricians other than master electricians, journeyperson electricians, or apprentice electricians, that class is also under the control and supervision of the local board.
(c) (1) Beginning July 1, 2021, a local jurisdiction may not issue licenses for apprentice, journeyperson, or master electricians.
(2) A local jurisdiction that licensed apprentice–level, journeyperson–level, or master–level electricians before July 1, 2021, may continue to register the electricians according to the same rules and requirements for licenses issued before July 1, 2021, if the local jurisdiction complies with subsections (d) and (e) of this section.
(3) A local jurisdiction that did not license apprentice–level, journeyperson–level, or master–level electricians before July 1, 2021, may choose to register apprentice–level, journeyperson–level, or master–level electricians if it complies with subsections (d) and (e) of this section.
(d) If a local jurisdiction chooses to register apprentice–level, journeyperson–level, or master–level electricians under subsection (c) of this section, the local board shall administer the same examination as the State Board as provided under § 6–306 of this title.
(e) On or before July 1, 2022, and on or before July 1 each year thereafter, a local jurisdiction that registers apprentice–level, journeyperson–level, or master–level electricians shall report to the Department:
(1) each apprentice electrician registration issued in the previous year;
(2) each journeyperson electrician registration issued in the previous year;
(3) each master electrician registration issued in the previous year;
(4) each individual who sat for a journeyperson electrician examination in the previous year;
(5) each individual who sat for a master electrician examination in the previous year; and
(6) any other information the Department requires.
(f) This title may not be construed to waive any requirement of an ordinance or regulation that sets out the type of work to be performed by a person who engages in the business of providing electrical services as required under State or local building laws.
Md. Code, Bus. Occ. & Prof. GBO 6-202
§6–202.
(a) (1) The State Board consists of 9 members appointed by the Governor with the advice and consent of the Senate.
(2) Of the 9 members of the State Board:
(i) 6 shall be licensed master electricians; and
(ii) 3 shall be consumer members.
(3) Of the 6 master electrician members:
(i) 1 shall be from Baltimore City;
(ii) 1 shall be from the area that consists of Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;
(iii) 1 shall be from the area that consists of Baltimore, Cecil, and Harford counties;
(iv) 1 shall be from the area that consists of Anne Arundel, Calvert, Charles, and St. Mary’s counties;
(v) 1 shall be from the area that consists of Montgomery and Prince George’s counties; and
(vi) 1 shall be from the area that consists of Allegany, Carroll, Frederick, Garrett, Howard, and Washington counties.
(4) The consumer members shall be from the State at large.
(5) A member of the State Board may not reside in the same county as another member.
(b) Each member of the State Board shall be a citizen and resident of the State.
(c) Each master electrician member of the State Board shall:
(1) hold an active State license; and
(2) be engaged actively in providing electrical services as a master electrician for at least 5 consecutive years immediately before appointment.
(d) Each consumer member of the State Board:
(1) shall be a member of the general public;
(2) may not be a licensee or otherwise be subject to regulation by the State Board;
(3) may not be required to meet the qualifications for the professional members of the State Board; and
(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the State Board.
(e) While a member of the State Board, a consumer member may not:
(1) have a financial interest in or receive compensation from a person regulated by the State Board; or
(2) grade an examination given by or for the State Board.
(f) Before taking office, each appointee to the State Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(g) (1) The term of a member is 3 years and begins on July 1.
(2) The terms of members are staggered as required by the terms provided for members of the State Board on October 1, 1989.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5) A member may not be reappointed for more than 2 consecutive 3-year terms.
(h) (1) The Governor may remove a member for incompetence or misconduct.
(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the State Board meetings held during any consecutive 12–month period while the member was serving on the State Board.
(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Bus. Occ. & Prof. GBO 6-205
§6–205.
(a) In addition to any powers and duties set forth elsewhere, the State Board shall:
(1) twice a year hold a seminar and invite members from each local licensing jurisdiction to discuss any industry or licensing problems;
(2) adopt regulations to establish:
(i) application and examination fees;
(ii) continuing education requirements; and
(iii) application deadlines;
(3) enforce, within 18 months of issuance, minimum standards for the provision of electrical services consistent with the most recently issued version of the National Fire Protection Association 70: National Electrical Code;
(4) issue licenses;
(5) keep records of its proceedings; and
(6) adopt any other regulations necessary to carry out this title.
(b) The continuing education requirements adopted under this section shall:
(1) be based on the National Electrical Code or any local variants adopted by a local board;
(2) consist of a course or training on practical techniques, installation procedures, or other relevant topics; and
(3) be administered by:
(i) a college or an apprenticeship program approved by the Division of Workforce Development and Adult Learning or the federal Office of Apprenticeship;
(ii) a state or nationally recognized training program; or
(iii) another person approved by the State Board.
Md. Code, Bus. Occ. & Prof. GBO 6-301
§6–301.
(a) Each county shall:
(1) (i) adopt regulations that have qualifications that are at least as stringent as the qualifications under § 6–304 of this subtitle, to provide for the regulation and registration of master electricians, journeyperson electricians, or apprentice electricians; and
(ii) register apprentice electricians, journeyperson electricians, or master electricians in the manner prescribed under § 6–103 of this title; or
(2) (i) require a State license for providing electrical services as a master electrician, journeyperson electrician, or apprentice electrician; and
(ii) enforce the provisions of this title.
(b) Each municipal corporation shall:
(1) (i) adopt regulations that have qualifications that are at least as stringent as the qualifications under § 6–304 of this subtitle to provide for the regulation and registration of apprentice, journeyperson, or master electricians; and
(ii) register apprentice electrician, journeyperson electrician, or master electrician registrations in the manner prescribed under § 6–103 of this title;
(2) adopt the electrical rules and regulations of the county in which the municipal corporation is located; or
(3) (i) require a State license for providing electrical services as an apprentice, journeyperson, or master electrician; and
(ii) enforce the provisions of this title.
(c) Each licensed or registered master electrician shall display the State license number, the county registration number, or the municipal corporation registration number on each vehicle used on the job for providing electrical services.
(d) A county or municipal corporation may not adopt a resolution or enact a law that requires a person licensed or registered under this subtitle who is compliant with subsection (c) of this section to display additional license or registration numbers on each vehicle used on the job for providing electrical services.
Md. Code, Bus. Occ. & Prof. GBO 6-302
§6–302.
(a) In a local jurisdiction that requires local registration and has qualified to register electricians locally under § 6–103 of this title, the State license, while the State license is in effect, serves only as a mechanism that helps a licensee in obtaining a local registration under §§ 6–601 and 6–602 of this title.
(b) If a county or municipal corporation does not require local registration, the State license, while the State license is in effect, authorizes the licensee to:
(1) provide electrical services; or
(2) be the representative of another person who engages in the business of providing electrical services.
Md. Code, Bus. Occ. & Prof. GBO 6-303
§6–303.
This subtitle does not require:
(1) a public utility company to employ an electrician licensed by the State Board to represent the company while the company is engaging in the business of providing electrical services to a facility of the company that:
(i) is regulated by the Public Service Commission; and
(ii) is located on any premises, roadway, or right–of–way in which the company has a lawful interest;
(2) an employee of a public utility company to hold a State license while the employee provides electrical services to a facility of the company that:
(i) is regulated by the Public Service Commission; and
(ii) is located on any premises, roadway, or right–of–way in which the company has a lawful interest; or
(3) a person to hold a license issued by the State Board if the person:
(i) is licensed or registered under Title 18 of this article to provide security system services and is acting within the scope of that license;
(ii) holds a license issued under Title 12 of this article and is acting within the scope of that license;
(iii) holds a license issued under Title 9A of the Business Regulation Article and is acting within the scope of that license; or
(iv) provides wireless security systems in compliance with Title 19, Subtitle 9 of the Business Regulation Article.
Md. Code, Bus. Occ. & Prof. GBO 6-304
§6–304.
(a) To qualify for a State license, an applicant shall meet the requirements of this section.
(b) (1) Subject to paragraph (2) of this subsection, an applicant for a master electrician license shall have been engaged or employed regularly and principally in providing electrical services for all types of electrical equipment and apparatuses for at least 7 years while under the direction and supervision of:
(i) a master electrician; or
(ii) a similarly qualified employee of a governmental unit.
(2) (i) The State Board may allow an applicant up to 3 years of credit toward the experience required under paragraph (1) of this subsection, if the State Board determines that the applicant has completed a formal course of study or professional training in electrical installation comparable to the required experience.
(ii) The State Board shall credit toward the experience required under paragraph (1) of this subsection an applicant’s work as part of a successfully completed electrician apprenticeship program approved by the Division of Workforce Development and Adult Learning or the federal Office of Apprenticeship.
(c) (1) Subject to paragraph (2) of this subsection, an applicant for a journeyperson electrician license shall have been engaged or employed regularly and principally in providing electrical services for all types of electrical equipment and apparatuses for at least 4 years while under the direction and supervision of:
(i) a master electrician; or
(ii) an employee of a governmental unit who is similarly qualified as a master electrician licensed under this title.
(2) The State Board shall credit toward the experience required under paragraph (1) of this subsection an applicant’s work as part of a successfully completed electrician apprenticeship program approved by the Division of Workforce Development and Adult Learning or the federal Office of Apprenticeship.
(d) Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the State Board under this subtitle.
(e) The State Board may investigate the qualifications of each applicant to determine whether the applicant meets the requirements of this section.
Md. Code, Bus. Occ. & Prof. GBO 6-306
§6–306.
(a) Except as otherwise provided in § 6–306.1 of this subtitle, an applicant who otherwise qualifies for a State license is entitled to be examined as provided in this section.
(b) The State Board shall give examinations to qualified applicants at least twice a year, at the dates, times, and places that the State Board determines.
(c) (1) At least 15 days before the examination, the State Board shall notify each applicant whether the applicant is eligible to be examined under this section.
(2) The notice shall specify the passing score for examinations given under this subtitle.
(d) (1) The State Board shall determine the subjects, scope, and, subject to subsection (e) of this section, form of the examination from a list of questions submitted by the Maryland Uniform Electrical Licensing Examination Committee, Inc.
(2) The State Board shall choose examination questions that:
(i) test the applicant’s knowledge of all applicable codes, laws, or principles of electrical installation; and
(ii) are constructed to determine the fitness of the applicant for a State license.
(3) The State Board may appoint a committee to develop examination questions for examinations given under this subtitle.
(e) The form of each examination shall be objective and written.
(f) The passing score for each examination shall be 70%.
(g) An applicant shall pay to the State Board or the State Board’s designee an examination fee set by the State Board not to exceed the cost of the required examination.
(h) Within 45 days after the examination, the State Board shall mail or electronically transmit to each applicant notice of the applicant’s examination score.
(i) On written request to the State Board, an applicant who failed an examination may review the answers that the applicant gave and the scores for those answers, at a time and place that the State Board determines.
(j) (1) If an applicant fails to appear for a scheduled examination, the applicant may reapply for an examination.
(2) The applicant:
(i) shall submit to the State Board an application for reexamination on the form that the State Board provides; and
(ii) unless, for good cause, the State Board waives payment of the examination fee, shall again pay the examination fee under subsection (g) of this section.
Md. Code, Bus. Occ. & Prof. GBO 6-307.1
§6–307.1.
The State Board shall waive the experience and examination requirements for an applicant for a journeyperson electrician license if the applicant:
(1) (i) provides written proof of 4 years of work experience providing electrical services under the control and direction of a master electrician; and
(ii) submits an application for a license to the State Board on or before December 31, 2022; or
(2) provides written proof that the applicant has successfully completed an electrician apprenticeship program approved by the Division of Workforce Development and Adult Learning or the federal Office of Apprenticeship that consists of:
(i) at least 576 classroom hours; and
(ii) 8,000 hours of work experience.
Md. Code, Bus. Occ. & Prof. GBO 6-308
§6–308.
(a) Subject to the limitations in this section, on the affirmative vote of at least a majority of the authorized membership of the State Board, the State Board may waive the examination requirements of this subtitle for an individual who is licensed to provide electrical services as a master electrician or journeyperson electrician in another state.
(b) The State Board may grant a waiver under this section only if the applicant:
(1) pays the appropriate application fee set by the State Board under § 6–305 of this subtitle; and
(2) provides adequate evidence that the applicant:
(i) meets the qualifications otherwise required by this title;
(ii) holds an active license in good standing in the other state;
(iii) holds a license that is equivalent to the license issued by the State Board;
(iv) for a master electrician license applicant, meets a 7–year experience requirement in providing electrical services, at least 4 years of which must have been gained prior to licensure in the other state, while under the supervision of a master electrician or similarly qualified employee of a governmental unit;
(v) for a journeyperson electrician license applicant, meets a 4–year experience requirement in providing electrical services, at least 2 years of which must have been gained prior to licensure in the other state, while under the supervision of a master electrician or similarly qualified employee of a governmental unit; and
(vi) was licensed in the other state by examination, after meeting requirements in that state that are substantially equivalent to the licensing requirements of this State.
(c) The State Board may grant a waiver only if the state in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state.
(d) The State Board may not grant a waiver under this section to an applicant who is licensed solely in a country other than the United States.
(e) The State Board shall pursue a policy of reciprocal recognition of electrician licenses awarded in other states.
Md. Code, Bus. Occ. & Prof. GBO 6-309
§6–309.
(a) If an applicant qualifies for a State license under this subtitle, the State Board shall send the applicant a notice that states that:
(1) the applicant has qualified for a State license; and
(2) the State Board will issue a State license to the applicant on receipt of:
(i) a license fee set by the State Board; and
(ii) proof of general liability and property damage insurance as required under § 6–604 of this title.
(b) (1) If, at the time of application, an applicant intends to assign to another person a local license that is obtained by use of a State license, the applicant shall identify on the application the person to whom the applicant is assigning the local license.
(2) On payment of the State license fee and receipt of the proof of insurance required under § 6–604 of this title, the State Board shall issue a State license to each applicant who meets the requirements of this title.
(c) The State Board shall include on each State license that the State Board issues:
(1) the name of the licensee; and
(2) if the licensee assigns a local license to another person who engages in the business of providing electrical services, the name of the person.
Md. Code, Bus. Occ. & Prof. GBO 6-310
§6–310.
(a) Unless a State license is renewed for a 2–year term as provided in this section, the State license expires on the first June 30 that comes:
(1) after the effective date of the State license; and
(2) in an odd–numbered year.
(b) (1) At least 1 month before a State license expires, the State Board shall mail or electronically transmit to the State licensee:
(i) a renewal application form; and
(ii) a notice that states:
1. the date on which the current State license expires; and
2. the amount of the renewal fee.
(2) If an electronic transmission under paragraph (1) of this subsection is returned to the State Board as undeliverable, the State Board shall mail to the State licensee, at the last known address of the State licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the State Board received the notice that the electronic transmission was undeliverable.
(c) Before a State license expires, the State licensee periodically may renew it for an additional 2–year term, if the State licensee:
(1) otherwise is entitled to be licensed;
(2) pays to the State Board a renewal fee set by the State Board;
(3) complies with continuing education requirements established by the State Board in regulation; and
(4) submits to the State Board a renewal application on the form that the State Board provides and adequate evidence of completion of the continuing education requirements for license renewal established by the State Board.
(d) The State Board shall renew the State license of each State licensee who meets the requirements of this section.
(e) A State license to provide or assist in providing electrical services is not transferable.
(f) The Secretary may determine that State licenses issued under this subtitle shall expire on a staggered basis.
Md. Code, Bus. Occ. & Prof. GBO 6-311
§6–311.
(a) The State Board shall place a State licensee on uninsured status and issue an uninsured status certificate to the State licensee, if the State licensee:
(1) submits to the State Board an application for uninsured status on the form that the State Board provides;
(2) pays to the State Board any applicable uninsured status application fee;
(3) except for the insurance requirements of § 6–604 of this title, qualifies for an active State license; and
(4) returns the State license to the State Board.
(b) The State Board shall place an applicant for an initial State license on uninsured status and issue an uninsured status certificate to the applicant, if the applicant:
(1) submits to the State Board an application for uninsured status on the form that the State Board provides;
(2) pays to the State Board an uninsured status application fee set by the State Board; and
(3) except for meeting the continuing education requirement established by the State Board under § 6–310(c) of this subtitle and the insurance requirements of § 6–604 of this title, qualifies for an active State license.
(c) (1) A master electrician licensee on uninsured status may not use a State license to obtain a local registration for providing electrical services as a master electrician in a local jurisdiction of the State.
(2) In a county that requires a State master electrician license, a licensee on uninsured status may only provide electrical services as a journeyperson electrician.
(d) (1) Unless the individual applies for another 2–year term as provided in this subsection, an individual on uninsured status loses that status on the expiration of the uninsured status.
(2) (i) At least 1 month before the uninsured status of an individual expires, the State Board shall mail or electronically transmit to the individual:
1. a renewal application form; and
2. a notice that states:
A. the date on which the uninsured status expires; and
B. the amount of the renewal fee.
(ii) If an electronic transmission under subparagraph (i) of this paragraph is returned to the State Board as undeliverable, the State Board shall mail to the individual, at the last known address of the individual, the materials required under subparagraph (i) of this paragraph within 10 business days of the date the State Board received the notice that the electronic transmission was undeliverable.
(3) Before the uninsured status expires, an individual on uninsured status periodically may renew it for an additional 2–year term, if the individual:
(i) otherwise is entitled to be placed on uninsured status;
(ii) except for an electrical inspector, pays to the State Board a renewal fee set by the State Board;
(iii) submits to the State Board a renewal application on the form that the State Board provides; and
(iv) meets the continuing education requirements established by the State Board under § 6–310(c) of this subtitle.
(4) After an uninsured status expires, the former licensee may reapply for uninsured status only if the former licensee:
(i) otherwise is entitled to be placed on uninsured status;
(ii) pays to the State Board a reapplication fee set by the State Board; and
(iii) reapplies to the State Board for uninsured status within 2 years after initial expiration of uninsured status on a form that the State Board provides.
(5) The State Board shall renew the uninsured status of each individual or grant the reapplication for uninsured status of each former licensee who meets the requirements of this subsection.
(e) If an individual who was formerly on uninsured status who has failed to renew the uninsured status within 2 years of its expiration reapplies for that status, the State Board shall require the individual to comply with the requirements for obtaining a State license under §§ 6–304 and 6–307 of this subtitle and § 6–503 of this title as well as the requirements for uninsured status under this section.
(f) The State Board shall reactivate the State license of an individual who is on uninsured status, if the individual:
(1) meets the renewal requirements that are in effect when the individual requests the reactivation of the State license;
(2) submits to the State Board an application for reactivation on the form that the State Board provides; and
(3) pays to the State Board a reactivation fee set by the State Board.
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 6-319
§6–319.
(a) The State Board may not suspend a State license for more than 1 year.
(b) The State Board may not revoke a State license for less than 1 year.
(c) If the State Board, after a hearing, suspends a license, the State Board may allow the licensee to complete a contract to provide electrical services that is in progress and uncompleted at the time of suspension.
(d) (1) If a State license is revoked, the State Board may reinstate the State license after not less than 1 year.
(2) A State license that has been revoked may be reinstated under this subsection if:
(i) the individual whose State license has been revoked submits a written request to the State Board;
(ii) the State Board holds a hearing on the request; and
(iii) the State Board makes a determination to reinstate the State license.
Md. Code, Bus. Occ. & Prof. GBO 6-321
§6–321.
(a) (1) When a county or municipal corporation that requires a local license initiates a disciplinary action against a licensed master electrician, the county or municipal corporation shall report the disciplinary action to the State Board within 30 days of commencement of the action.
(2) When the State Board receives notice of a local disciplinary action against a licensed electrician, the State Board shall provide notice of the disciplinary action to each local licensing jurisdiction.
(b) Each local jurisdiction that registers electricians under § 6–603 of this title shall submit a report to the State Board on the number of complaints against electricians registered in the local jurisdiction on or before December 1 of each year.
Md. Code, Bus. Occ. & Prof. GBO 6-401
§6–401.
(a) Subject to the limitations in this subtitle, an individual who holds a State master electrician license or qualifies for a State master electrician license may use the State license to:
(1) obtain a local registration; and
(2) assign that local registration to another person, if authorized by that local jurisdiction, including a sole proprietorship, who engages in the business of providing electrical services.
(b) (1) Subject to the limitations in this section, if an individual obtains a State license on the basis of a local registration under Subtitle 5 of this title and that local registration has been assigned to a person who engages in the business of providing electrical services, the individual shall identify on the State license the person to whom that local registration has been assigned.
(2) Subject to the limitations in this section, if an individual obtains a local registration on the basis of a State master electrician license and intends to assign that local registration to a person who engages in the business of providing electrical services, the individual shall identify on the State license the person to whom that local registration is to be assigned.
(c) (1) If, at the time of application for a State master electrician license, an individual intends to assign a local registration obtained on the basis of the State license, the individual shall:
(i) meet the requirements for issuance of a State license under § 6–309 of this title;
(ii) include, on the application form submitted to the State Board, the name of the person to whom the local registration is to be assigned;
(iii) pay the appropriate State license fee under § 6–309 of this title; and
(iv) submit to the State Board proof of general liability and property damage insurance as required under § 6–604 of this title.
(2) If an individual obtains a State license on the basis of a local registration that has been assigned, the individual shall:
(i) meet the requirements for issuance of a State license under § 6–309 of this title;
(ii) include, on an application form submitted to the State Board, the name of the person to whom the local registration has been assigned;
(iii) pay the appropriate State license fee under § 6–309 of this title; and
(iv) submit to the State Board proof of general liability and property damage insurance, if applicable, as required under § 6–604 of this title.
(3) If, after issuance of a State master electrician license to an individual, the individual intends to assign a local registration obtained on the basis of the State master electrician license, the individual shall:
(i) meet the notification requirements of § 6–314 of this title;
(ii) submit to the State Board an application for identification of the assignment on the State license;
(iii) pay to the State Board an identification fee set by the State Board;
(iv) submit to the State Board proof of general liability and property damage insurance as required under § 6–604 of this title; and
(v) return the State license.
(d) (1) If an individual obtains a local registration by the use of the State master electrician license of the individual, the local registration may be assigned at any 1 time to only 1 person who engages in the business of providing electrical services.
(2) If at any time an individual holds 2 or more current local registrations that were obtained by the use of a State master electrician license, the individual may assign those local registrations only if the assignment is made to the same person.
Md. Code, Bus. Occ. & Prof. GBO 6-402
§6–402.
(a) Subject to the limitations in this section and § 6–314 of this title, a master electrician who is licensed by the State Board and who assigns a local registration to a person who engages in the business of providing electrical services may change that assignment.
(b) To change an assignment of a local registration, an applicant shall:
(1) submit to the State Board an application on the form that the State Board provides;
(2) pay to the State Board a change of status fee set by the State Board;
(3) submit to the State Board proof of the change of status of the local registration; and
(4) return the State license to the State Board.
(c) On payment of the change of status fee, the State Board shall issue a new license to the applicant.
(d) The State Board shall give each local jurisdiction notice of any change in the status of a local registration obtained by the use of a State license that will affect the status of the State license.
Md. Code, Bus. Occ. & Prof. GBO 6-501
§6–501.
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Reciprocal license” means a license to provide electrical services issued by the State Board on the basis of a registration issued by a local jurisdiction.
(2) “Reciprocal license” includes any type or class of license that the State Board issues to provide electrical services.
(c) (1) “Reciprocal registration” means registration with a local jurisdiction on the basis of:
(i) a license issued by the State Board; or
(ii) a registration with another local jurisdiction.
(2) “Reciprocal registration” includes any type or class of registration with a local jurisdiction to provide electrical services.
Md. Code, Bus. Occ. & Prof. GBO 6-503
§6–503.
(a) Subject to the limitations in this subtitle, an individual may qualify for a reciprocal license from the State Board if the individual:
(1) is registered with a local jurisdiction of the State to provide electrical services in the local jurisdiction;
(2) applies for a reciprocal license of the same class or type as the applicant’s local registration that the State Board issues; and
(3) at the time of application, does not have:
(i) the same class or type of registration suspended or revoked by a local jurisdiction of the State; or
(ii) a record of outstanding violations of the regulations of a local jurisdiction of the State.
(b) The State Board shall waive any of the qualifications required for a license under this title for an individual who:
(1) is registered with a local jurisdiction of the State, to provide the same class or type of electrical services as those permitted by the license for which the applicant is seeking a waiver; and
(2) meets the waiver requirements of subsection (c) of this section.
(c) The State Board shall grant a waiver under this section for an applicant who is registered with a local jurisdiction only if the applicant:
(1) (i) 1. qualified for the registration by passing an examination given in the local jurisdiction; and
2. has been registered for at least 1 year immediately before the date of application; or
(ii) 1. qualified for the registration other than by passing an examination in the local jurisdiction; and
2. has been registered for at least 2 years immediately before the date of application;
(2) submits a written statement from the local jurisdiction certifying:
(i) if the registration was earned on the basis of an examination, the date of registration; and
(ii) the registrant:
1. is in good standing with the local jurisdiction; and
2. has no record of outstanding violations of regulations of the local jurisdiction;
(3) pays any reciprocal license fee set by the State Board;
(4) if required, submits proof of general liability insurance to the State Board; and
(5) complies with any other licensing requirements of the State Board.
Md. Code, Bus. Occ. & Prof. GBO 6-504
§6–504.
(a) Subject to the limitations in this subtitle, an individual may qualify for a reciprocal registration from a local jurisdiction of the State if the individual:
(1) is registered with another local jurisdiction of the State to provide electrical services in that local jurisdiction;
(2) applies for a reciprocal registration to provide the same class or type of electrical services as those permitted by the registration the individual holds in that local jurisdiction; and
(3) at the time of application, does not have:
(i) a registration of the same class or type suspended or revoked by a local jurisdiction of the State; or
(ii) a record of outstanding violations of the regulations of a local jurisdiction of the State.
(b) A local jurisdiction of the State that registers individuals to provide electrical services shall waive any of the registration qualifications of the local jurisdiction for an individual who:
(1) (i) is a resident of the State; or
(ii) meets the legal requirements of the State for establishing a principal place of business in the State;
(2) is registered with another local jurisdiction of the State to provide electrical services of the same class or type as those permitted by the registration for which the applicant is seeking a waiver; and
(3) meets the waiver requirements of subsection (c) of this section.
(c) A local jurisdiction shall grant a waiver under this section for an applicant who is registered with another local jurisdiction only if the applicant:
(1) (i) 1. qualified for the registration by passing an examination given in that local jurisdiction; and
2. has been registered for at least 1 year immediately before the date of application; or
(ii) 1. qualified for the registration other than by passing an examination in that local jurisdiction; and
2. has been registered for at least 2 years immediately before the date of application;
(2) submits a written statement from the local jurisdiction certifying:
(i) if a registration was earned on the basis of an examination, the date of registration; and
(ii) the registrant:
1. is in good standing with the local jurisdiction; and
2. has no record of outstanding violations of the regulations of the local jurisdiction;
(3) pays any reciprocal registration fee required by the local jurisdiction;
(4) if required:
(i) executes a bond to the local jurisdiction; or
(ii) submits proof of general liability insurance to the local jurisdiction; and
(5) complies with any other registration requirements of the local jurisdiction.
Md. Code, Bus. Occ. & Prof. GBO 6-506
§6–506.
(a) Subject to subsection (b) of this section, an individual who holds a reciprocal license or a reciprocal registration may assign it to a person who engages in the business of providing electrical services if the individual is employed principally by the person.
(b) An individual may reassign the reciprocal license or reciprocal registration of the individual once in a fiscal year.
Md. Code, Bus. Occ. & Prof. GBO 6-602
§6–602.
(a) Subject to the limitations in this section, a local jurisdiction shall waive its examination requirements for an individual who is licensed by the State Board to provide electrical services.
(b) A local jurisdiction shall grant a waiver under this section only if the applicant:
(1) pays any registration fee that the local jurisdiction requires; and
(2) provides adequate evidence that the applicant:
(i) is licensed as an electrician under this title;
(ii) holds an active State license; and
(iii) in place of any bond requirement of a local jurisdiction, meets the insurance requirements of § 6–604 of this subtitle.
(c) Within 10 working days after payment of any local registration fee, a local jurisdiction shall issue a local registration to each applicant who meets the requirements of this section.
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 6-604
§6–604.
(a) This section does not apply to a State licensee on uninsured status.
(b) A licensed master electrician, a person to whom a licensed master electrician assigns a local registration under this title, or another person who engages in the business of providing electrical services may not contract to provide electrical services unless the electrical work, including completed operations, of the licensed master electrician, person assigned a local registration, or person who engages in the business of providing electrical services is covered by liability insurance:
(1) for general liability in the amount of at least $300,000; and
(2) for property damage in the amount of at least $100,000.
(c) (1) The insurance required under this section may be bought:
(i) by a master electrician; or
(ii) for a master electrician, by a person who engages in the business of providing electrical services and employs the master electrician.
(2) The insurance requirement of this section is not meant to cover electrical services that a master electrician provides outside the scope of employment for the person who carries the insurance.
(d) (1) A licensed apprentice electrician or licensed journeyperson electrician in the employ of a licensed master electrician need not obtain separate insurance while providing or assisting in providing electrical services under the control and supervision of the licensed master electrician.
(2) Subject to the restrictions of § 6–311 of this title regarding uninsured status, uninsured licensees who have had their uninsured status approved by the State Board need not obtain insurance while maintaining uninsured status.
(e) (1) An applicant for a State license shall submit proof of the insurance required under this section to the State Board with the license application.
(2) The State Board may not issue a State license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.
(f) Unless an applicant meets the insurance requirements of this section, the State Board may not renew a State license of the applicant to whom the insurance requirements of this section would apply.
(g) If the insurance required under this section is canceled, the insurer shall notify the State Board within 10 days after the date of cancellation.
(h) If a local jurisdiction requires a master electrician or other person who engages in the business of providing electrical services to execute a bond to the local jurisdiction, the applicant may satisfy the bond requirement by submitting proof of the insurance required under this section.
(i) The State Board shall specify on each license whether the license holder meets the insurance requirements of this section.
Md. Code, Bus. Occ. & Prof. GBO 6-605
§6–605.
(a) Except as otherwise provided in this title, a person may not employ an individual to provide electrical services or employ an individual to assist in providing electrical services unless the individual:
(1) is licensed by the State Board as a master electrician;
(2) (i) is licensed by the State Board as a journeyperson electrician; and
(ii) provides or assists in providing electrical services within the scope of the individual’s license; or
(3) (i) is licensed by the State Board as an apprentice electrician; and
(ii) provides or assists in providing electrical services within the scope of the individual’s license.
(b) At least one licensed master electrician or journeyperson electrician shall be present at each job site in which electrical services are provided.
Md. Code, Bus. Occ. & Prof. GBO 6-606
§6–606.
(a) A master electrician shall display the master electrician’s license and the license number conspicuously in the principal place of business of the master electrician.
(b) Each electrician advertisement in the name of a person who engages in the business of providing electrical services shall contain the license number and name of a master electrician or holder of a journeyperson electrician license whom the master electrician employs and designates to direct and control the provision of electrical services through the business of the person.
(c) A licensee shall give the State Board written notice of any change of name, address, or employment from what appears on the current license at least 10 working days before the change is to take effect.
Md. Code, Bus. Occ. & Prof. GBO 6-607
§6–607.
Except as otherwise provided in this title, an individual may not:
(1) provide, attempt to provide, or offer to provide electrical services for compensation in the State without an appropriate license issued under this title;
(2) assist, attempt to assist, or offer to assist in providing electrical services for compensation in the State without the required license or appropriate registration issued under this title;
(3) provide electrical services for compensation without obtaining a permit for such services if required by a local jurisdiction; or
(4) provide electrical services beyond the scope of the license issued to the individual under this title.
Md. Code, Bus. Occ. & Prof. GBO 6-608
§6–608.
(a) In this section, “officer” includes a superintendent, a manager, or an agent of a business entity, regardless of whether the business entity engages in the business of providing electrical services.
(b) Any person, including an officer, who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to:
(1) on a first conviction, a fine not exceeding $1,000; and
(2) on a second or subsequent conviction, a fine not exceeding $5,000.
(c) Any person who violates § 6–604 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(d) (1) In addition to any other penalties imposed under this title, the State Board may impose on a person who violates any provision of this subtitle a civil penalty not exceeding $5,000 for each violation.
(2) In determining the penalty imposed under paragraph (1) of this subsection, the State Board shall consider:
(i) the seriousness of the violation;
(ii) the good faith of the violator;
(iii) any previous violations by the violator;
(iv) the harmful effect of the violation; and
(v) any other relevant factors.
(e) The State Board shall pay any penalty collected under subsection (d) of this section into the General Fund of the State.
Md. Code, Bus. Occ. & Prof. GBO 8-101
§8–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means the State Board of Certified Interior Designers.
(c) “Certificate” means a certificate issued by the Board to use the title “certified interior designer”.
(d) “Certificate fee” means, as applicable, the fee paid in connection with the issuance and renewal of a certificate and issuance of a reciprocal certificate.
(e) “Certified interior design services” means interior design services provided by a certified interior designer.
(f) “Certified interior designer” means an interior designer who is certified by the Board.
(g) “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.
(h) “Interior design services” means rendering or offering to render services for a fee or other valuable consideration, in the preparation and administration of interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting fixtures, finishes, materials, and interior construction not materially related to or materially affecting the building systems, all of which shall comply with applicable laws, codes, regulations, and standards. The scope of work described herein shall not be construed as authorizing the planning and design of engineering and architectural interior construction as related to the building systems, including structural, electrical, plumbing, heating, ventilating, air conditioning or mechanical systems and shall not be construed as authorizing the practice of architecture or engineering as defined in Title 3 or Title 14 of this article. The interior design plans as described above are not to be construed as those architectural plans which may be required to be filed with any county or municipality.
(i) “Public use” means the use of a building or other structure for the primary purpose of human use or habitation.
(j) “Residential use” means the use of a building or other structure as a dwelling.
Md. Code, Bus. Reg. § 8-301
§8–301. (a) Except as otherwise provided in this title, a person must have a contractor license whenever the person acts as a contractor in the State. (b) Except as otherwise provided in this title, a person must have a salesperson license or contractor license whenever the person sells a home improvement in the State. (c) This section does not apply to: (1) an individual who works for a contractor for a salary or wages but who is not a salesperson for the contractor; (2) a clerical employee, retail clerk, or other employee of a licensed contractor who is not a salesperson, as to a transaction on the premises of the licensed contractor; (3) a solicitor for a contractor who calls an owner by telephone only; (4) an architect, electrician, plumber, heating, ventilation, air–conditioning, or refrigeration contractor, or other person who: (i) is required by State or local law to meet standards of competency or experience before engaging in an occupation or profession; (ii) currently is licensed in that occupation or profession under State or local law; and (iii) is: 1. acting only within the scope of that occupation or profession; or 2. installing a central heating or air–conditioning system; (5) a security systems technician licensed under Title 18 of the Business Occupations and Professions Article; (6) a marine contractor licensed under Title 17, Subtitle 3 of the Environment Article; or (7) a person who is selling a home improvement to be performed by a person described in item (4) of this subsection.
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. Reg. § 9A-101
§9A–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors. (c) “Contractor” means a heating, ventilation, air-conditioning, and refrigeration contractor. (d) (1) “Cooling system” means a system in which heat is removed from air, surrounding surfaces, or both. (2) “Cooling system” includes an air-conditioning system. (e) “Forced air system” means a heating system that uses air being moved by mechanical means to transmit heat. (f) (1) “Heating system” means a system in which heat is transmitted by radiation, conduction, or convection, or a combination of any of these methods, to the air, surrounding surfaces, or both. (2) “Heating system” does not include a fireplace or woodburning stove not incorporated into or used as a primary heating system. (g) “Heating, ventilation, air-conditioning, and refrigeration contractor” means an individual who provides heating, ventilation, air-conditioning, or refrigeration services. (h) “Hydronic system” means a heating and cooling system using liquids or steam to transmit or remove heat. (i) “Independent agency” means an office, commission, board, department, or agency established as an independent unit of government that may receive budgetary or administrative support from the federal, State, or local government. (j) “Journeyman license” means a license issued by the Board to provide heating, ventilation, air-conditioning, and refrigeration services while under the direction and control of a licensed contractor. (k) “Journeyman restricted license” means a license issued by the Board to provide heating, ventilation, air-conditioning, and refrigeration services while under the direction and control of a licensed contractor, in only one of the following areas: (1) heating - forced air systems; (2) heating - hydronic systems; (3) ventilation; (4) air-conditioning; or (5) refrigeration. (l) (1) “License” means, unless the context requires otherwise, a license issued by the Board to provide or to assist in providing heating, ventilation, air-conditioning, or refrigeration services. (2) “License” includes, unless the context requires otherwise: (i) a master license; (ii) a master restricted license; (iii) a limited license; (iv) a journeyman license; (v) a journeyman restricted license; and (vi) an apprentice license. (m) “Licensed apprentice” means an individual who is licensed by the Board to assist in providing heating, ventilation, air-conditioning, or refrigeration services while: (1) under the direction and control of a licensed contractor; and (2) in training to become a journeyman. (n) “Licensed contractor” means a contractor who is licensed by the Board to provide heating, ventilation, air-conditioning, or refrigeration services, but does not include a licensed apprentice or licensed journeyman. (o) “Limited license” means a license issued by the Board exclusively to maintain or repair one or more of the following: heating systems, cooling systems, refrigeration systems, ventilation systems, or hydronic systems. (p) “Master license” means a license issued by the Board to provide heating, ventilation, air-conditioning, or refrigeration services. (q) “Master restricted license” means a license issued by the Board to provide services in only one of the following areas: (1) heating - forced air systems; (2) heating - hydronic systems; (3) ventilation; (4) air-conditioning; or (5) refrigeration. (r) “Provide heating, ventilation, air-conditioning, or refrigeration services” means to install, maintain, alter, remodel, or repair heating systems, cooling systems, refrigeration systems, ventilation systems, or hydronic systems. (s) “Refrigeration system” means a system used to cool a surface or area below 55 degrees Fahrenheit or 12.9 degrees Celsius. (t) “Self-contained appliance” means a heating, ventilation, air-conditioning, or refrigeration device that is designed and manufactured: (1) with its component parts contained within a single chassis; (2) with a standard factory-installed electrical line cord that requires a plug-in device; (3) with no additional external fuel source; and (4) independent of an air distribution system. (u) “Subdivision of the State” means any of the 23 counties in Maryland, the City of Baltimore, and any municipal corporation. (v) “Ventilation system” means the natural or mechanical process of supplying air to, or removing air from, any space: (1) whether the air is conditioned or is not conditioned; and (2) at a rate of airflow of more than 250 cubic feet per minute.
Md. Code, Bus. Reg. § 9A-103
§9A–103. This title does not limit the right of: (1) an individual owner of a single-family dwelling while that owner is practicing heating, ventilation, air-conditioning, or refrigeration services on or within a building or structure owned by the individual; (2) an individual who is building a single-family dwelling in which that individual will reside while practicing heating, ventilation, air-conditioning, or refrigeration services on or within that dwelling; (3) an employee of a public utility company regulated by the Public Service Commission, when engaged in: (i) the development, construction, maintenance, or repair of electric or gas facilities located in the State; or (ii) the construction, maintenance, or repair of electric or gas appliances in the service area of the public utility; (4) subject to § 9A-403(a) of this title, an employee of the United States government, the State government, a local government, or an independent agency while that employee is practicing heating, ventilation, air-conditioning, or refrigeration services on or within buildings or structures owned or solely occupied by the United States government, the State government, a local government, or an independent agency; (5) an individual employed in the installation, maintenance, alteration, repair, or replacement of self-contained appliances requiring not more than 225 volts or 25 amperes of electrical current; (6) an individual possessing a master electrician's license issued by the State or any county, when engaged in the installation, alteration, service, repair, or replacement of individually controlled electric resistance heat; (7) an individual possessing a master plumber's license issued by the State, Baltimore County, or the Washington Suburban Sanitary Commission when providing heating, ventilation, air-conditioning, or refrigeration services on hydronic heating systems; (8) an individual possessing a license to practice engineering when providing heating, ventilation, air-conditioning, or refrigeration services in connection with the practice of engineering; (9) an individual who installs, alters, remodels, maintains, or repairs oil burners exclusively while employed by a supplier of home heating fuel; or (10) an individual regularly employed by the owner of property, or the owner's agent, to engage in maintenance and repair work.
Md. Code, Bus. Reg. § 9A-202
§9A–202. (a) (1) The Board consists of 9 members. (2) Of the 9 Board members: (i) 5 shall be master heating, ventilation, air–conditioning, and refrigeration contractors licensed in the State, a subdivision of the State, or another state provided that state has licensing requirements equivalent to the licensing requirements of this title; (ii) 1 shall be a master electrician; (iii) 1 shall be a master plumber; and (iv) 2 shall be consumer members. (3) The Governor shall appoint the members of the Board with the advice of the Secretary and with the advice and consent of the Senate. (b) Except for the initial members of the Board, of the members appointed under subsection (a)(2)(i), (ii), and (iii) of this section: (1) 1 shall be from the area that consists of Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; (2) 1 shall be from the area that consists of Baltimore City, and Baltimore, Cecil, and Harford counties; (3) 1 shall be from the area that consists of Anne Arundel, Calvert, Charles, and St. Mary’s counties; (4) 1 shall be from the area that consists of Howard, Montgomery, and Prince George’s counties; and (5) 1 shall be from the area that consists of Allegany, Carroll, Frederick, Garrett, and Washington counties. (c) Each member of the Board shall be: (1) a citizen of the United States; and (2) a resident of the State. (d) (1) Each member appointed under subsection (a)(2)(i), (ii), and (iii) of this section: (i) shall be an active contractor; (ii) shall hold a current active license under this title or under a licensing program in a subdivision of the State; and (iii) shall have provided services as a contractor for not less than 5 consecutive years immediately prior to the date of appointment. (2) The master electrician member of the Board: (i) shall be actively engaged in the electrical contracting business as a master electrician; (ii) shall hold a current active license under this article; and (iii) shall have been engaged in business as a master electrician for not less than 5 consecutive years immediately prior to the date of appointment. (3) The master plumber member of the Board: (i) shall be actively engaged in the plumbing contracting business as a master plumber; (ii) shall hold a current active license under this article; and (iii) shall have been engaged in business as a master plumber for not less than 5 consecutive years immediately prior to the date of appointment. (e) Each consumer member of the Board: (1) shall be a member of the general public; (2) may not be a licensee or otherwise be subject to the regulation of the Board; and (3) may not have had within 1 year before appointment a financial interest in or have received compensation from a person regulated by the Board. (f) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. (g) (1) The term of a member is 3 years. (2) The terms of members are staggered as required by the terms provided for members of the Board on January 1, 1993. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) Board members are eligible for reappointment, but may not serve more than 2 consecutive terms. (h) (1) The Governor may remove a member for incompetence or misconduct. (2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board. (3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public. (4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
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.
Md. Code § gcl-13
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§13–101. (a) In this title the following words have the meanings indicated. (b) (1) “Advertisement” means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly tends to induce a person to enter into an obligation, sign a contract, or acquire title or interest in any merchandise, real property, intangibles, or service. (2) “Advertisement” includes every device to disguise any form of business solicitation by using: (i) A word such as “renewal”, “invoice”, “bill”, “statement”, or “reminder” to create an impression of an existing obligation if there is none; or (ii) Other language to mislead a person in relation to a proposed commercial transaction. (c) (1) “Consumer” means an actual or prospective purchaser, lessee, or recipient of consumer goods, consumer services, consumer realty, or consumer credit. (2) “Consumer” includes: (i) A co–obligor or surety for a consumer; (ii) A licensee or recipient of computer information or computer programs under a consumer contract as defined in § 22–102 of this article; (iii) An individual who sells or offers for sale to a merchant consumer goods or consumer realty that the individual acquired primarily for personal, household, family, or agricultural purposes; or (iv) A fraternal, religious, civic, patriotic, educational, or charitable organization that purchases, rents, or leases goods or services for the benefit of the members of the organization. (d) (1) “Consumer credit”, “consumer debts”, “consumer goods”, “consumer realty”, and “consumer services” mean, respectively, credit, debts or obligations, goods, real property, and services which are primarily for personal, household, family, or agricultural purposes. (2) “Consumer goods” and “consumer services” include, respectively, goods and services which are purchased, rented, or leased by a fraternal, religious, civic, patriotic, educational, or charitable organization for the benefit of the members of the organization. (e) “Division” means the Division of Consumer Protection of the Office of the Attorney General. (f) “Merchandise” means any commodity, object, wares, or goods. (g) (1) “Merchant” means a person who directly or indirectly either offers or makes available to consumers any consumer goods, consumer services, consumer realty, or consumer credit. (2) “Merchant” includes a person: (i) Who directly or indirectly purchases or offers to purchase any consumer goods or consumer realty from a consumer; and (ii) Whose business includes paying off consumer debt in connection with the purchase of any consumer goods or consumer realty from a consumer. (h) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. (i) “Sale” includes any: (1) Sale of or offer or attempt to sell merchandise, real property, or intangibles for cash or credit; or (2) Service or offer for service which relates to any person, building, or equipment. (j) “Service” means any: (1) Building repair or improvement service; (2) Subprofessional service; (3) Repair of a motor vehicle, home appliance, or other similar commodity; or (4) Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device. (k) “Unfair, abusive, or deceptive trade practice” has the meaning stated in Subtitle 3 of this title.PreviousNext
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Article - Commercial Law PreviousNext
§17–101. (a) In this title the following words have the meanings indicated. (b) (1) “Abandoned property” means personal property that is considered abandoned under this title. (2) “Abandoned property” includes property in the custody of the federal government that is classified as “unclaimed property” under federal law. (c) “Administrator” means the State Comptroller. (d) “Apparent owner” means a person whose name appears on a record of a holder as the owner of property held, issued, or owing by the holder. (e) “Banking organization” means any bank, trust company, savings bank, land bank, and any other similar organization engaged in business in the State. (f) “Business association” means any corporation, joint stock company, business trust, statutory trust, partnership, or any association for business purposes of two or more individuals. (g) “County” includes Baltimore City. (h) “Federal government” includes any of its agencies or instrumentalities. (i) “Financial organization” means any savings and loan association or credit union engaged in business in the State. (j) “Gift card” means a gift card described in § 14–1320 of this article. (k) “Gift certificate” has the meaning stated in § 14–1319 of this article. (l) “Holder” means any person who is: (1) In possession of property subject to this title belonging to another; (2) A trustee, in the case of a trust; or (3) Indebted to another on an obligation subject to this title. (m) “Indication of apparent owner interest in property” means: (1) A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held; (2) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication; (3) For an account, underlying security, or interest in a business association, the presentment of: (i) A check or other instrument of payment of a dividend, interest payment, or other distribution; or (ii) Evidence of receipt of a distribution made by electronic or similar means; (4) Activity directed by an apparent owner in the account in which the property is held, including: (i) Accessing the account or information concerning the account; or (ii) A direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account; (5) A deposit into or withdrawal from an account at a financial institution, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest; (6) Subject to § 17–301(a)(3) of this title, payment of a premium on an insurance policy; and (7) Any other action by the apparent owner that reasonably demonstrates to the holder that the apparent owner knows that the property exists. (n) “Insurance corporation” means any association or corporation transacting in the State the business of insurance on the lives of persons or insurance pertaining to life insurance, including endowments and annuities, disability, accident and health insurance, and property, casualty, and surety insurance, as these terms are defined in the Insurance Article. (o) “Owner” means: (1) In the case of a deposit, a depositor or a person entitled to receive the funds as reflected on the records of the bank or financial organization; (2) In the case of a trust, a beneficiary; (3) In the case of other choses in action, a creditor, claimant, or payee; (4) In the case of abandoned property in federal custody, the person who is defined as the owner by any applicable federal law; (5) Any person who has a legal or equitable interest in property subject to this title, or the legal representative of that person; or (6) In the case of a pension account or retirement account that qualifies for tax deferral under the income tax provisions of the Internal Revenue Code, the payee. (p) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, an individual, business association, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. (q) “Personal property” does not include: (1) A gift certificate or a gift card; (2) Credits in connection with the sale of consumer goods to a wholesaler or retailer in the ordinary course of business; (3) Outstanding checks or credits issued to vendors or commercial customers in the ordinary course of business, other than property described in § 17–301.1(a) of this title held by a banking organization or financial organization; (4) Credit balances in vendor or commercial customer accounts that occur in the ordinary course of business, other than property described in § 17–301.1(a) of this title held by a banking organization or financial organization; or (5) Purchase price rebates issued to customers in the ordinary course of business. (r) “Record” means information that is: (1) Inscribed on a tangible medium; or (2) Stored in an electronic or other medium and retrievable in perceivable form. (s) “Service charge” means any type of deduction or charge made by a holder on property presumed abandoned under this title. (t) “Utility” means any person who owns or operates in the State, for public use, any plant, equipment, property, franchise, or license for the transmission of communications, for the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas, or for the transportation of persons or property. (u) (1) “Virtual currency” means a digital representation of value used as a medium of exchange, unit of account, or store of value that does not have legal tender status recognized by the United States. (2) “Virtual currency” does not include: (i) The software or protocols governing the transfer of the digital representation of value; (ii) Game–related digital content; or (iii) A loyalty card.PreviousNext
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Article - Commercial Law PreviousNext
§21–101. (a) In this title the following words have the meanings indicated. (b) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (c) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course of forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (d) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (d–1) “Consumer” has the meaning stated in § 13–101 of this article. (e) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this title and other applicable law. (e–1) “Dealer” has the meaning stated in § 15–101 of the Transportation Article. (f) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (g) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. (h) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means. (i) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (j) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, unit, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (k) “Information” includes data, text, images, sounds, codes, computer programs, software, and databases. (l) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (m) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (n) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (o) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (p) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (q) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. (r) “Vehicle” has the meaning stated in § 11–176 of the Transportation Article.PreviousNext
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Article - Criminal Law PreviousNext
§10–101. (a) In this part the following words have the meanings indicated. (b) “Distribute” means to: (1) give, sell, deliver, dispense, issue, or offer to give, sell, deliver, dispense, or issue; or (2) cause or hire a person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense, or issue. (c) (1) “Tobacco paraphernalia” means any object used, intended for use, or designed for use in inhaling or otherwise introducing tobacco products into the human body. (2) “Tobacco paraphernalia” includes: (i) a cigarette rolling paper; (ii) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, or punctured metal bowl; (iii) a water pipe; (iv) a carburetion tube or device; (v) a smoking or carburetion mask; (vi) an object known as a roach clip used to hold burning material, such as a cigarette that has become too small or too short to be held in the hand; (vii) a chamber pipe; (viii) a carburetor pipe; (ix) an electric pipe; (x) an air–driven pipe; (xi) a chillum; (xii) a bong; and (xiii) an ice pipe or chiller. (d) (1) “Tobacco product” means a product that is: (i) intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains: 1. tobacco; or 2. nicotine; or (ii) an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph. (2) “Tobacco product” includes: (i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; (ii) electronic smoking devices; and (iii) filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content. (3) “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act. (e) “Venereal disease” includes gonorrhea, syphilis, chancroid, and any diseased condition of the human genitalia caused by, related to, or resulting from a venereal disease.PreviousNext
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§7–101. (a) In this part the following words have the meanings indicated. (b) (1) “Deception” means knowingly to: (i) create or confirm in another a false impression that the offender does not believe to be true; (ii) fail to correct a false impression that the offender previously has created or confirmed; (iii) prevent another from acquiring information pertinent to the disposition of the property involved; (iv) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the impediment is of value or a matter of official record; (v) insert or deposit a slug in a vending machine; (vi) remove or alter a label or price tag; (vii) promise performance that the offender does not intend to perform or knows will not be performed; or (viii) misrepresent the value of a motor vehicle offered for sale by tampering or interfering with its odometer, or by disconnecting, resetting, or altering its odometer with the intent to change the mileage indicated. (2) “Deception” does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual. (c) “Deprive” means to withhold property of another: (1) permanently; (2) for a period that results in the appropriation of a part of the property’s value; (3) with the purpose to restore it only on payment of a reward or other compensation; or (4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it. (d) (1) “Exert control” includes to take, carry away, appropriate to a person’s own use or sell, convey, or transfer title to an interest in or possession of property. (2) “Exert control” does not include: (i) to trespass on the land of another; or (ii) to occupy the land of another without authorization. (e) (1) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server. (2) “Interactive computer service” includes a service or system that provides access to the Internet. (f) “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article. (g) “Obtain” means: (1) in relation to property, to bring about a transfer of interest in or possession of the property; and (2) in relation to a service, to secure the performance of the service. (h) Except as otherwise expressly provided in this part, “owner” means a person, other than the offender: (1) who has an interest in or possession of property regardless of whether the person’s interest or possession is unlawful; and (2) without whose consent the offender has no authority to exert control over the property. (i) (1) “Property” means anything of value. (2) “Property” includes: (i) real estate; (ii) money; (iii) a commercial instrument; (iv) an admission or transportation ticket; (v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner; (vi) a thing growing on or affixed to, or found on land, or part of or affixed to any building; (vii) electricity, gas, and water; (viii) a bird, animal, or fish that ordinarily is kept in a state of confinement; (ix) food or drink; (x) a sample, culture, microorganism, or specimen; (xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them; (xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret: 1. scientific, technical, merchandising, production, or management information; or 2. designed process, procedure, formula, invention, trade secret, or improvement; (xiii) a financial instrument; and (xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual. (j) “Property of another” means property in which a person other than the offender has an interest that the offender does not have the authority to defeat or impair, even though the offender also may have an interest in the property. (k) “Service” includes: (1) labor or professional service; (2) telecommunication, public utility, toll facility, or transportation service; (3) lodging, entertainment, or restaurant service; and (4) the use of computers, data processing, or other equipment. (l) “Slug” means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine. (m) (1) “Theft” means the conduct described in §§ 7-104 through 7-107 of this subtitle. (2) “Theft” includes motor vehicle theft, unless otherwise indicated. (n) “Vending machine” means a device designed to receive a specified payment and in exchange automatically offer, provide, assist in providing, or allow a person to acquire property or service.PreviousNext
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§16–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the Board of Public Works. (c) “County” includes Baltimore City unless otherwise indicated. (d) “Department” means the Department of the Environment. (e) “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether or not of intrinsic value, from any State or private wetlands. (f) (1) “Filling” means: (i) The displacement of navigable water by the depositing into State or private wetlands of soil, sand, gravel, shells, or other materials; or (ii) The artificial alteration of navigable water levels by any physical structure, drainage ditch, or otherwise. (2) “Filling” includes storm drain projects which flow directly into tidal waters of the State. (3) “Filling” does not include: (i) Drainage of agricultural land; (ii) In–place replacement or repair of shore erosion control structures using substantially similar materials and construction design; or (iii) Planting of wetlands vegetation when no grading or fill in State or private wetlands is necessary. (g) “Landward boundary of wetlands” means the common boundary between wetlands, as defined in this section, and lands not included within the definitions of wetlands appearing in this section. (h) “Licensed marine contractor” has the meaning stated in Title 17, Subtitle 3 of this article. (i) (1) “Nonwater–dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands. (2) “Nonwater–dependent project” includes: (i) A dwelling unit on a pier; (ii) A restaurant, a shop, an office, or any other commercial building or use on a pier; (iii) A temporary or permanent roof or covering on a pier; (iv) A pier used to support a nonwater–dependent use; and (v) A small–scale renewable energy system on a pier, including: 1. A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment; 2. A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and 3. A wind energy system and its wind turbine, tower, base, or other necessary equipment. (3) “Nonwater–dependent project” does not include: (i) A fuel pump or other fuel–dispensing equipment on a pier; (ii) A sanitary sewage pump or other wastewater removal equipment on a pier; (iii) A pump, a pipe, or any other equipment attached to a pier and associated with a shellfish nursery operation under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article; or (iv) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations. (j) “Person” means any natural person, partnership, joint–stock company, unincorporated association or society, the federal government, the State, any unit of the State, a political subdivision, or other corporation of any type. (k) (1) “Pier” means any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure. (2) “Pier” does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands. (l) (1) “Private wetlands” means any land not considered “State wetland” bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth. (2) “Private wetlands” includes wetlands, transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred. (m) (1) “Public notice” means the public notice and public informational hearing procedures established in § 5–204(b) through (e) of this article. (2) “Public notice” does not mean notice as provided for in § 16–303 of this title. (n) “Regular or periodic tidal action” means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by wind or any other circumstance. (o) “Secretary” means the Secretary of the Environment. (p) “State wetlands” means any land under the navigable waters of the State below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the State by valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered “private wetland” to the extent of the interest transferred.PreviousNext
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Article - Environment PreviousNext
§8–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the Radiation Control Advisory Board. (c) “Emergency” means a sudden and unforeseen condition of such public gravity and urgency that it requires immediate response to protect the public health and welfare. (d) “Emergency planning zone” means a plume exposure pathway emergency planning zone, as described in 10 C.F.R. § 50.47(c)(2). (e) “General license” means a license that, under the rules and regulations adopted by the Department under this title, is effective without the filing of an application by the licensee. (f) “Nuclear incident” means any occurrence, including an extraordinary nuclear occurrence, or series of occurrences at a nuclear power plant with the potential for causing bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material used by a nuclear power plant or stored on its property. (g) (1) “Nuclear power plant” means any facility capable of producing electricity using nuclear energy: (i) 1. That is located in the State; or 2. With an emergency planning zone that includes any area of the State; and (ii) For which the Department participates in planning and response activities related to the facility. (2) “Nuclear power plant” includes a facility with one or more nuclear power reactors that: (i) Has spent nuclear fuel stored onsite; (ii) Has not been fully dismantled and decommissioned in accordance with applicable federal law and regulations; or (iii) Has not been granted license termination by the U.S. Nuclear Regulatory Commission. (h) “Nuclear Regulatory Commission” means the U.S. Nuclear Regulatory Commission or any successor entity responsible for federal regulation of nuclear energy. (i) “Off–site response organization” means a state, local, or tribal governmental organization responsible for carrying out emergency response functions during a nuclear incident. (j) “Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of State or local government and, to the extent authorized by federal law, federal government. (k) “Radiation” means: (1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear particles or rays; (2) Any electromagnetic radiation that can be generated during the operation of a manufactured device that has an electronic circuit; or (3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of the operation, in a manufactured device, of an electronic circuit that can generate a physical field of radiation. (l) “Specific license” means a license that, under the rules and regulations adopted by the Department under this title, is effective only after the applicant files an application and the Department approves the application.PreviousNext
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Article - Estates and Trusts PreviousNext
§4–101. (a) In this subtitle the following words have the meanings indicated. (b) “Electronic” means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (c) “Electronic presence” means two or more individuals communicating in real time using electronic audio–visual means to the same extent as if the individuals were in the physical presence of each other. (d) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. (e) “Electronic will” means a will containing one or more electronic signatures and executed in compliance with this subtitle. (f) “Physical presence” means being close enough to see, hear, and speak with another individual without using electronic audio–visual means. (g) “Record” means information readable as text that is inscribed on a tangible medium or that is stored in an electronic medium and retrievable in perceivable form. (h) “Remotely witnessed will” means a will that is: (1) Signed by the testator under circumstances where a witness is in the electronic presence, but not the physical presence, of the testator when the witness attests to and signs the will; and (2) Executed, prepared, and certified in compliance with § 4–102 of this subtitle. (i) “Sign” means, with present intent to authenticate or adopt a record, to: (1) Execute or adopt a tangible symbol; or (2) Attach to or logically associate with the record an electronic symbol, sound, or process. (j) “Supervising attorney” means an individual who has been admitted to practice law before the courts of this State and is in good standing. (k) “Will” means a record that the testator intends to adopt as the testator’s codicil or testamentary instrument and that: (1) (i) Appoints a personal representative; (ii) Revokes or revises another will; (iii) Nominates a guardian; (iv) Directs the disposition of the testator’s property; or (v) Expressly excludes or limits the right of an individual or class to succeed to property of a decedent passing by intestate succession; (2) Is executed in the form prescribed under §§ 4–102 through 4–104 of this subtitle; and (3) Has not been revoked in a manner provided by § 4–105 of this subtitle.PreviousNext
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Article - Health Occupations PreviousNext
§13–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the State Board of Physical Therapy Examiners. (b–1) “Direct supervision” means supervision provided by a licensed physical therapist who is physically present within the treatment area and immediately available to give aid, direction, and instruction when physical therapy or limited physical therapy procedures or activities are performed. (c) “License” means, unless the context requires otherwise: (1) A license issued by the Board to practice: (i) Physical therapy; or (ii) Limited physical therapy; or (2) A temporary license issued by the Board. (d) “Licensed physical therapist” means, unless the context requires otherwise, a physical therapist who is licensed by the Board to practice physical therapy. (e) “Licensed physical therapist assistant” means, unless the context requires otherwise, a physical therapist assistant who is licensed by the Board to practice limited physical therapy. (f) “Physical therapist” means an individual, licensed by the State Board of Physical Therapy Examiners, who practices physical therapy and who has passed the national physical therapy licensing examination administered or accepted by the Board. (g) “Physical therapist assistant” means an individual licensed by the State Board of Physical Therapy Examiners who practices limited physical therapy and who has passed the national physical therapy licensing examination administered or accepted by the Board. (h) (1) “Practice limited physical therapy” means to implement therapeutic interventions for the purpose of: (i) The prevention of disability in patients or clients; and (ii) The physical rehabilitation of patients or clients with a congenital or acquired disability. (2) “Practice limited physical therapy” includes, except as provided in paragraph (3) of this subsection: (i) Taking and documenting measurements; and (ii) Administering therapeutic interventions that include therapeutic exercise, therapeutic massage, mechanical devices, or therapeutic agents that use the physical, chemical, or other properties of air, water, electricity, sound, or radiant energy. (3) “Practice limited physical therapy” does not include: (i) Interpreting measurements; (ii) Planning treatment programs; (iii) Taking X rays; (iv) Using radioactive substances; or (v) Using electricity for cauterization or surgery. (i) (1) “Practice physical therapy” means to design, implement, and modify therapeutic interventions for the purpose of: (i) The prevention of disability in patients or clients; and (ii) The physical rehabilitation of patients or clients with a congenital or acquired disability. (2) “Practice physical therapy” includes: (i) Performing an evaluation of the physical therapy needs of patients or clients; (ii) Performing and interpreting tests and measurements of neuromuscular and musculoskeletal functions to aid treatment; (iii) Planning treatment programs that are based on test findings; and (iv) Except as provided in paragraph (3) of this subsection, administering therapeutic interventions that include therapeutic exercise, therapeutic massage, mechanical devices, or therapeutic agents that use the physical, chemical, or other properties of air, water, electricity, sound, or radiant energy. (3) “Practice physical therapy” does not include: (i) Taking X rays; (ii) Using radioactive substances; or (iii) Using electricity for cauterization or surgery. (j) “Restricted license” means a license issued by the Board under and as limited by § 13–314 of this title to practice physical therapy. (k) “Temporary license” means a license issued by the Board under, and as limited by, § 13–313 of this title to practice: (1) Physical therapy; or (2) Limited physical therapy.PreviousNext
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Article - Natural Resources PreviousNext
§3–101. (a) In this subtitle the following words and terms have the meanings indicated. (b) “Board” means the Board of Directors of the Maryland Environmental Service. (c) “Bonds” means all bonds or other evidences of indebtedness of the Service other than notes, whether general or limited obligations of the Service. (d) “Cost” as applied to a water supply project, a solid waste disposal project, a wastewater purification project, an energy project, a service area, a service district, or to any activity undertaken by the Service, includes: (1) the cost of construction or acquisition, including the purchase price of any existing project or the cost of acquiring all or any portion of the right, title, or interest in the project and the amount to be paid to discharge all obligations necessary to vest title to the project or any part of it in the Service or other owner; (2) the cost of any reconstruction, extension, enlargement, alteration, repair, or improvement; (3) the cost of all lands, properties, rights, easements, interests, franchises, and permits acquired; (4) the cost of all labor, machinery and equipment, financing charges, interest prior to and during construction and for such period after completion of construction as the Service deems appropriate; (5) the cost of revenue estimates, engineering and legal services, plans, designs, specifications, surveys, investigations, demonstrations, studies, estimates of cost, other expenses necessary or incident to determining the feasibility or practicability of any such acquisition, improvement, or construction; (6) administrative and overhead expenses, and all expenses necessary or incidental to the financing herein authorized, and to the acquisition, operation, maintenance, improvement, construction of water supply, liquid, solid waste, and energy project facilities, and the placing of these project facilities in operation, including reasonable provision for working capital; (7) reserves for principal and interest and for extensions, enlargements, additions and improvements. Any obligation or expense incurred prior to the issuance of bonds or notes under the provisions of this title in connection with the foregoing items of cost may be regarded as a part of such costs. (e) The word “county” includes Baltimore City unless otherwise indicated. (f) “Energy project” means any service, facility, system, or property, real or personal, used, useful, or having present capacity for use in connection with: (1) Energy conservation; or (2) The production, generation, or distribution of energy from a renewable or other energy source. (g) “Executive Director” means the Executive Director of the Maryland Environmental Service. (h) “Facility” means a physical structure or appurtenance built, constructed, acquired, installed, or established to perform a function or service in connection with a water supply, wastewater purification, solid waste disposal, or energy project whether publicly or privately owned and whether existing or proposed. (i) “Liquid waste” means: (1) Stormwater runoff; and (2) Any water–carried wastes or wastes which are liquid in nature created in and carried away, or to be carried away, from residences, institutions, industrial establishments, commercial establishments, or any other public or private building, structure, or facility. (j) “Municipality” means any county, municipal corporation, sanitary district, State or local unit, the District of Columbia, the United States or any of its units, or other public body or unit created or established by or in accordance with federal, State, or local law, ordinance, or resolution. (k) “Notes” means bond anticipation notes, revenue anticipation notes, and grant anticipation notes of the Service, whether general or limited obligations of the Service. (l) “Person” means any natural person, individual, firm, partnership, association, cooperative, limited liability company, corporation, or other entity. (m) (1) “Project” means a solid waste disposal project, a wastewater purification project, a water supply project, or an energy project, as the case may be. (2) “Project” includes any service, facility, or property used or useful or having present capacity for future use in connection with: (i) The transporting, transferring, compacting, burying, incinerating, reduction, composting, collection, storage, treatment, utilization, processing, or final disposal of liquid wastes, solid wastes or water, as the case may be; (ii) The conversion of liquid wastes, solid wastes or water, as the case may be, to fuel, steam, electricity, energy, or other resources or the generation of steam, electricity, or other forms of energy from fuel which is derived from, or is otherwise related to, liquid wastes, solid wastes or water, as the case may be; (iii) The reconstruction, converting or otherwise recycling of liquid wastes, solid wastes or water, as the case may be, into material which is not liquid waste, solid waste or water or which is useful or is marketable; or (iv) Any combination of items (i) through (iii) of this paragraph, whether or not such facilities are located on a single site. (3) “Project” also includes: (i) Waste disposal facilities, pollution control facilities, and facilities for generating and furnishing electric energy or gas or other forms of energy which can be financed by bonds the interest on which is exempt from income tax under the Internal Revenue Code of 1986, as amended, whether such interest would have been tax exempt at the time of the enactment of this subtitle or of any amendment thereto; and (ii) Any facilities and properties within the definition of “project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, or “energy project” set forth in this subsection, whether or not such facilities or properties can be financed by bonds the interest on which is tax exempt under the Internal Revenue Code of 1986, as amended, it being the purpose and intent of this subtitle that the terms “project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, and “energy project” be liberally construed so as to effectuate the purposes of this subtitle. (4) “Project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, and “energy project” include land, buildings, structures, machinery, equipment, rail or motor vehicles, barges, boats, and all properties and rights therein and appurtenances thereof, rights–of–way, franchises, easements, and other interests in land, all land and facilities that are functionally or administratively related and subordinate to the solid waste disposal project, wastewater purification project, water supply project, or energy project, as the case may be, and all patents, licenses, and other rights necessary or useful in the planning, development, construction, or operation of a solid waste disposal project, wastewater purification project, water supply project, or energy project. (n) “Service” means the Maryland Environmental Service. (o) “Service district” means a geographic area established by the Service, after consultation with the municipalities affected, for the purpose of providing water supply projects, wastewater purification projects or solid waste disposal projects. Service districts may encompass areas containing projects of the Service as well as nonduplicating, noncompetitive projects owned and operated by municipalities or persons. Service districts shall be based upon approved State–county master water and sewerage plans or solid waste disposal plans, if any, adopted pursuant to the Environment Article, but they may also take account of other plans and studies. (p) “Service region” means a geographic area which the Maryland Environmental Service designates and within which the Executive Director, after consultation with the municipalities affected, causes surveys, plans, studies, and estimates to be made for the purpose of determining the most dependable, effective, and efficient means of providing services through water supply projects, solid waste disposal projects, or wastewater purification projects. Service regions shall be based upon needs set forth in approved State–county master water and sewerage plans, or solid waste disposal plans, if any, adopted pursuant to the Environment Article, but they may also take account of other plans and studies. (q) “Solid waste disposal project” means any service, facility, or real or personal property used or useful or having present capacity for future use in connection with the measurement, management, collection, disposal, prevention, or recycling of solid wastes by any means, including disposal, recovery, or reuse to produce energy or products, or otherwise. (r) “Solid wastes” means all waste materials, whether solid, liquid, or gas, including liquid wastes. The term includes garbage, rubbish, ashes, incinerator residue, wastewater treatment residue, street cleanings, dredged materials, dead animals, demolition and construction debris, household appliances, hazardous materials, automobile bodies, offal, paunch manure, methane or any other gases, sewage sludge and solid or gaseous waste materials from commercial, agricultural, residential, industrial, or community activities. (s) “Wastewater purification project” means any service, facility, or property, real or personal, used or useful or having present capacity for future use in connection with the measurement, management, prevention, redirection, collection, or treatment of liquid wastes. (t) “Water supply project” means any service, facility, or property, real or personal, used, useful, or having present capacity for future use in connection with water supply, protection, and distribution, including any water treatment facility or property and rights therein and appurtenances thereto.PreviousNext
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Article - Public Safety PreviousNext
§11–101. (a) In this subtitle the following words have the meanings indicated. (b) (1) “Dealer” means a person who is engaged in the business of buying or selling explosives. (2) “Dealer” does not include a manufacturer. (c) (1) “Explosives” means gunpowder, powders for blasting, high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powder, and any chemical compound or mechanical mixture that contains oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may and is intended to cause an explosion. (2) “Explosives” includes: (i) bombs and destructive devices designed to operate by chemical, mechanical, or explosive action; and (ii) two or more components that are advertised and sold together with instructions on how to combine the components to create an explosive, as defined in paragraph (1) of this subsection. (3) “Explosives” does not include fixed ammunition for small arms, small arms ammunition primers, small arms percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, friction primers, fireworks, or common matches when used in their original configuration. (d) “Explosives for use in firearms” means: (1) smokeless powder for loading or reloading small arms ammunition; or (2) black powder for loading or reloading small arms ammunition, antique arms, or replicas of antique arms. (e) “Local licensing authority” means the sheriff or chief of police of the county or community where the applicant for a license resides or has a regular place of business. (f) “Manufacturer” means a person who manufactures or otherwise produces explosives.PreviousNext
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Article - Real Property PreviousNext
§11–101. (a) In this title the following words have the meanings indicated unless otherwise apparent from context. (b) (1) “Board of directors” means the persons to whom some or all of the powers of the council of unit owners have been delegated under this title or under the condominium bylaws. (2) “Board of directors” includes any reference to “board”. (c) (1) “Common elements” means all of the condominium except the units. (2) “Limited common elements” means those common elements identified in the declaration or on the condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners. (3) “General common elements” means all the common elements except the limited common elements. (d) “Common expenses and common profits” means the expenses and profits of the council of unit owners. (e) “Condominium” means property subject to the condominium regime established under this title. (f) “Council of unit owners” means the legal entity described in § 11-109 of this title. (g) “Developer” means any person who subjects his property to the condominium regime established by this title. (h) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that: (1) May be retained, retrieved, and reviewed by a recipient of the communication; and (2) May be reproduced directly in paper form by a recipient through an automated process. (i) “Governing body” means the council of unit owners, board of directors, or any committee of the council of unit owners or board of directors. (j) “Housing agency” means a housing agency of a county or incorporated municipality or some other agency or entity of a county or incorporated municipality designated as such by law or ordinance. (k) “Mortgagee” means the holder of any recorded mortgage, or the beneficiary of any recorded deed of trust, encumbering one or more units. (l) “Moving expenses” means costs incurred to: (1) Hire contractors, labor, trucks, or equipment for the transportation of personal property; (2) Pack and unpack personal property; (3) Disconnect and install personal property; (4) Insure personal property to be moved; and (5) Disconnect and reconnect utilities such as telephone service, gas, water, and electricity. (m) “Occupant” means any lessee or guest of a unit owner. (n) “Percentage interests” means the interests, expressed as a percentage, fraction or proportion, established in accordance with § 11-107 of this title. (o) “Property” means unimproved land, land together with improvements thereon, improvements without the underlying land, or riparian or littoral rights associated with land. Property may consist of noncontiguous parcels or improvements. (p) “Rental facility” means property containing dwelling units intended to be leased to persons who occupy the dwellings as their residences. (q) “Unit” means a three-dimensional space identified as such in the declaration and on the condominium plat and shall include all improvements contained within the space except those excluded in the declaration, the boundaries of which are established in accordance with § 11-103(a)(3) of this title. A unit may include 2 or more noncontiguous spaces. (r) “Unit owner” means the person, or combination of persons, who hold legal title to a unit. A mortgagee or a trustee designated under a deed of trust, as such, may not be deemed a unit owner.PreviousNext
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§1–101. (a) In this article the following words have the meanings indicated. (b) “Admissions and amusement tax” means the tax imposed under Title 4 of this article. (c) “Alcoholic beverage tax” means the tax imposed under Title 5 of this article. (d) “Boxing and wrestling tax” means the tax imposed under Title 6 of this article. (e) (1) “Comptroller” means the Comptroller of the State. (2) “Comptroller”, unless expressly provided otherwise, includes: (i) an employee of the Comptroller acting within the scope of employment; and (ii) an agent or representative of the Comptroller acting within the scope of the Comptroller’s authority. (f) “County” means a county of the State and, unless expressly provided otherwise, Baltimore City. (g) “Department” means the State Department of Assessments and Taxation. (g–1) “Digital advertising gross revenues tax” means the tax imposed under Title 7.5 of this article. (g–2) (1) “Executive Director” means the Executive Director of the Alcohol, Tobacco, and Cannabis Commission. (2) “Executive Director” includes a deputy, an inspector, or any other individual acting within the scope of the Executive Director’s authority. (h) “Financial institution franchise tax” means the tax imposed under Title 8, Subtitle 2 of this article. (i) (1) “Income tax” means the tax imposed under Title 10 of this article. (2) “Income tax” includes the State income tax and county income tax. (j) “Inheritance tax” means the tax imposed under Title 7, Subtitle 2 of this article. (k) “Internal Revenue Code” means Title 26 of the United States Code. (l) “Maryland estate tax” means the tax imposed under Title 7, Subtitle 3 of this article. (m) “Maryland generation–skipping transfer tax” means the tax imposed under Title 7, Subtitle 4 of this article. (n) “Motor carrier tax” means the tax imposed under Title 9, Subtitle 2 of this article. (o) “Motor fuel tax” means the tax imposed under Title 9, Subtitle 3 of this article. (p) (1) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. (2) “Person”, unless expressly provided otherwise, does not include a governmental entity or a unit or instrumentality of a governmental entity. (q) “Property” means real property and personal property. (r) “Public service company franchise tax” means the tax imposed under Title 8, Subtitle 4 of this article. (r–1) “Reserve component” has the meaning stated in § 9–901 of the State Government Article. (s) (1) “Sales and use tax” means the tax imposed under Title 11 of this article. (2) “Sales and use tax” includes the tax imposed on the use of certain electricity under § 11–1A–01 of this article. (3) “Sales and use tax” includes the hotel surcharge imposed under § 11–102(b) of this article. (t) “Savings and loan association franchise tax” means the tax imposed under Title 8, Subtitle 3 of this article. (u) “State” means: (1) a state, possession, territory, or commonwealth of the United States; or (2) the District of Columbia. (v) Repealed. (w) “Tobacco tax” means the tax imposed under Title 12 of this article. (x) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. (y) “Veteran” has the meaning stated in § 9–901 of the State Government Article.Next
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Article - Tax - General PreviousNext
§11–101. IN EFFECT (a) In this title the following words have the meanings indicated. (a–1) “Accommodation” means a right to occupy a room or lodgings as a transient guest. (a–2) (1) “Accommodations intermediary” means a person, other than an accommodations provider, who facilitates the sale or use of an accommodation and charges a buyer the taxable price for the accommodation. (2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of an accommodation if the person brokers, coordinates, or in any other way arranges for the sale or use of an accommodation by a buyer. (a–3) “Accommodations provider” means a person that owns, operates, or manages an accommodation and makes the accommodation available for sale or use to a buyer. (a–4) “Booking transaction” means any transaction in which there is a retail sale of an accommodation. (b) “Buyer” means a person who: (1) acquires tangible personal property in a sale; (2) obtains a taxable service in a sale; or (3) acquires a digital code or digital product in a sale. (c) “Cleaning of a commercial or industrial building” means the following services performed to a commercial or industrial building: (1) floor, carpet, wall, window, ceiling, and exterior cleaning; and (2) janitorial services. (c–1) “Customer tax address” means, with respect to a sale of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section: (1) for a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section that is received by a buyer at the business location of the vendor, the address of that business location; (2) if item (1) of this subsection is not applicable and the primary use location of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is known by the vendor, that primary use location; (3) if items (1) and (2) of this subsection are not applicable, the location where the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is received by the buyer, or by a donee of the buyer that is identified by the buyer, if known to the vendor and maintained in the ordinary course of the vendor’s business; (4) if items (1) through (3) of this subsection are not applicable, the location indicated by an address for the buyer that is available from the business records of the vendor that are maintained in the ordinary course of business of the vendor’s business, when use of the address does not constitute bad faith; (5) if items (1) through (4) of this subsection are not applicable, the location indicated by an address for the buyer obtained during the consummation of the sale, including the address of the buyer’s payment instrument, when use of the address does not constitute bad faith; or (6) if items (1) through (5) of this subsection are not applicable, including a circumstance in which a vendor is without sufficient information to apply those items, one of the following locations, as selected by the vendor, provided that the location is consistently used by the vendor for all sales to which this item applies: (i) the location in the United States of the headquarters of the vendor’s business; (ii) the location in the United States where the vendor has the greatest number of employees; or (iii) the location in the United States from which the vendor makes digital products available for electronic transfer. (c–2) “Detective” means a person who is authorized to provide private detective services under Title 13 of the Business Occupations and Professions Article. (c–3) (1) “Digital code” means a number, symbol, alphanumeric sequence, barcode, or similar code that: (i) may be obtained by any means, including: 1. in a tangible form, such as a card; or 2. through e–mail; and (ii) provides a buyer with a right to obtain one or more digital products. (2) “Digital code” does not include a gift certificate or gift card with a monetary value that may be redeemable for an item other than a digital product. (c–4) (1) “Digital product” means a product that is obtained electronically by the buyer or delivered by means other than tangible storage media through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Digital product” includes: (i) a work that results from the fixation of a series of sounds that are transferred electronically, including: 1. prerecorded or live music or performances, readings of books or other written materials, and speeches; and 2. audio greeting cards sent by e–mail; (ii) a digitized sound file, such as a ring tone, that is downloaded onto a device and may be used to alert the user of the device with respect to a communication; (iii) a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds that are transferred electronically, including motion pictures, musical videos, news and entertainment programs, live events, video greeting cards sent by e–mail, and video or electronic games; (iv) a book, generally known as an “e–book”, that is transferred electronically; and (v) a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product that is transferred electronically. (3) “Digital product” does not include: (i) prerecorded or live instruction by a public, private, or parochial elementary or secondary school or a public or private institution of higher education; (ii) instruction in a skill or profession in a buyer’s current or prospective business, occupation, or trade if the instruction: 1. is not prerecorded; and 2. features an interactive element between the buyer and the instructor or other buyers contemporaneous with the instruction; (iii) a seminar, discussion, or similar event hosted by a nonprofit organization or business association, if the seminar, discussion, or event: 1. is not prerecorded; and 2. features an interactive element between the buyer and host or other buyers contemporaneous with the seminar, discussion, or event; (iv) a professional service obtained electronically or delivered through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) a product having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities where the purchaser holds a copyright or other intellectual property interest in the product, in whole or in part, if the purchaser uses the product solely for commercial purposes, including advertising or other marketing activities; or (vi) computer software or software as a service purchased or licensed solely for commercial purposes in an enterprise computer system, including operating programs or application software for the exclusive use of the enterprise software system, that is housed or maintained by the purchaser or on a cloud server, whether hosted by the purchaser, the software vendor, or a third party. (c–5) (1) “End user” means any person who receives or accesses a digital code, digital product code, or taxable service described under subsection (m)(14) or (15) of this section for use. (2) “End user” does not include any person who receives a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the digital product. (c–6) “Home amenity” means any portion, whether indoors or outdoors, of a residential property, excluding bedrooms or any portion of the property intended for sleeping quarters, that is occupied by the hour and for not more than 15 hours consecutively. (c–7) “Home amenity rental” means the temporary use in exchange for consideration of a home amenity. (c–8) (1) “Home amenity rental intermediary” means a person, other than a home amenity rental provider, who facilitates the sale or use of a home amenity and charges a buyer the taxable price for the home amenity rental. (2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of a home amenity if the person brokers, coordinates, or in any other way arranges for the sale or use of a home amenity by a buyer. (c–9) “Home amenity rental platform” means an Internet–based digital entity that: (1) advertises the availability of home amenities; and (2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a home amenity. (c–10) (1) “Marketplace facilitator” means a person that: (i) facilitates a retail sale by a marketplace seller by listing or advertising for sale in a marketplace tangible personal property, digital code, or a digital product; and (ii) regardless of whether the person receives compensation or other consideration in exchange for the person’s services, directly or indirectly through agreements with third parties, collects payment from a buyer and transmits the payment to the marketplace seller. (2) “Marketplace facilitator” does not include: (i) a platform or forum that exclusively provides Internet advertising services, including listing products for sale, if the platform or forum does not also engage, directly or indirectly, in collecting payment from a buyer and transmitting that payment to the vendor; (ii) a payment processor business appointed by a vendor to handle payment transactions from clients, including credit cards and debit cards, whose only activity with respect to marketplace sales is to handle transactions between two parties; or (iii) a delivery service company that delivers tangible personal property on behalf of a marketplace seller that is engaged in the business of a retail vendor and holds a license issued under Subtitle 7 of this title. (c–11) “Marketplace seller” means a person that makes a retail sale or sale for use through a physical or electronic marketplace operated by a marketplace facilitator. (c–12) “NAICS” means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget. (c–13) “Permanent” means perpetual or for an indefinite or unspecified length of time. (d) “Person” includes: (1) this State or a political subdivision, unit, or instrumentality of this State; (2) another state or a political subdivision, unit, or instrumentality of that state; and (3) a unit or instrumentality of a political subdivision of this State or of another state. (e) “Prepaid telephone calling arrangement” means the right to use telecommunications services, paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed. (e–1) (1) “Primary use location” means the street address representative of where the buyer’s use of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section will primarily occur, as determined by: (i) the residential street address or a business street address of the actual end user of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section including, if applicable, the address of a donee of the buyer that is designated by the buyer; or (ii) if the buyer is not an individual, the location of the buyer’s end users, including employees, or equipment that makes use of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section. (2) “Primary use location” does not include the location of a person who is not any end user or who uses a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section as the purchaser of a separate good or service from the buyer. (f) (1) “Production activity” means: (i) except for processing food or a beverage by a retail food vendor, assembling, manufacturing, processing, or refining tangible personal property for resale; (ii) generating electricity for sale or for use in another production activity; (iii) 1. laundering, maintaining, or preparing textile products for rental; or 2. laundering, maintaining, or preparing textile products in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles; (iv) producing or repairing production machinery or equipment; (v) establishing or maintaining clean rooms or clean zones as required by applicable provisions of the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, and the Virus–Serum–Toxin Act, and the regulations adopted thereunder, pertaining to the manufacture of drugs, medical devices, or biologics; (vi) providing for the safety of employees; or (vii) providing for quality control. (2) “Production activity” does not include: (i) servicing or repairing tangible personal property, except for servicing or repairing production machinery or equipment; (ii) maintaining tangible personal property other than textile products for rental and production machinery and equipment, except for maintaining tangible personal property in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles; (iii) providing for the comfort or health of employees; or (iv) storing the finished product. (g) “Production machinery or equipment” means machinery or equipment used in a production activity. (h) (1) “Retail sale” means the sale of: (i) tangible personal property; (ii) a taxable service; (iii) a digital code; or (iv) a digital product. (2) “Retail sale” includes: (i) a sale of tangible personal property for use or resale in the form of real estate by a builder, contractor, or landowner; (ii) except as provided in paragraph (3)(i) of this subsection, use of tangible personal property as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property before or after that use; (iii) a sale of a digital product that is sold with rights of permanent use or sold with rights of less than permanent use to an end user; (iv) a sale of a digital product that is sold with rights of use conditioned on continued payment by the subscriber or buyer to an end user; and (v) a sale to an end user of a digital code or a subscription to, access to, receipt of, or streaming of a digital product. (3) “Retail sale” does not include: (i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if: 1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and 2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work; (ii) a sale of tangible personal property, a digital code, or a digital product if the buyer intends to: 1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product; 2. use or incorporate the tangible personal property, digital code, or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or 3. transfer the tangible personal property, digital code, or digital product as a part of a taxable service transaction; or (iii) a sale of a taxable service if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service. (i) (1) “Sale” means a transaction for a consideration whereby: (i) title to or possession of property, a digital code, or a digital product is transferred or is to be transferred absolutely or conditionally by any means, including by lease, rental, royalty agreement, or grant of a license for use; or (ii) a person performs a service for another person. (2) “Sale” does not include a transaction whereby an employee performs a service for the employee’s employer. (j) “Sale for use” means a sale in which tangible personal property, a digital code, a digital product, or a taxable service that is consumed, possessed, stored, or used in the State is acquired. (j–1) “Short–term rental” means the temporary use of a short–term rental unit to provide accommodation to transient guests for lodging purposes in exchange for consideration. (j–2) “Short–term rental platform” means an Internet–based digital entity that: (1) advertises the availability of short–term rental units for rent; and (2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a short–term rental unit. (j–3) (1) “Short–term rental unit” means a residential dwelling unit or a portion of the unit used for short–term rentals. (2) “Short–term rental unit” includes a single–family house or dwelling, a multifamily house or dwelling, an apartment, a condominium, or a cooperative. (j–4) “Subscription” means, with respect to a digital product, an arrangement with a vendor that grants a buyer the right to obtain digital products from within one or more product categories having the same tax treatment, in a fixed quantity or for a fixed period of time or both. (k) (1) “Tangible personal property” means: (i) corporeal personal property of any nature; (ii) an accommodation; (iii) a short–term rental; or (iv) a home amenity rental. (2) “Tangible personal property” includes: (i) farm equipment; (ii) wall–to–wall carpeting that is installed into real estate, regardless of the purpose, method, or permanency of its installation; and (iii) coal, electricity, oil, nuclear fuel assemblies, steam, and artificial or natural gas. (l) (1) “Taxable price” means the value, in money, of the consideration of any kind that is paid, delivered, payable, or deliverable by a buyer to a vendor in the consummation and complete performance of a sale without deduction for any expense or cost, including the cost of: (i) any labor or service rendered; (ii) any material used; or (iii) any property, digital code, or digital product sold. (2) “Taxable price” includes, for tangible personal property, a digital code, or a digital product acquired by a sale for use in the State by the person who assembles, fabricates, or manufactures the property or digital product, only the price of the raw materials and component parts contained in the property or digital product. (3) “Taxable price” does not include: (i) a charge that is made in connection with a sale and is stated as a separate item of the consideration for: 1. a delivery, freight, or other transportation service for delivery directly to the buyer by the vendor or by another person acting for the vendor, unless the transportation service is a taxable service; 2. a finance charge, interest, or similar charge for credit extended to the buyer; 3. a labor or service for application or installation; 4. a mandatory gratuity or service charge in the nature of a tip for serving food or beverage to a group of 10 or fewer individuals for consumption on the premises of the vendor; 5. a professional service; 6. a tax: A. imposed by a county on the sale of coal, electricity, oil, nuclear fuel assemblies, steam, or artificial or natural gas; B. imposed under § 3–302(a) of the Natural Resources Article, as a surcharge on electricity, and added to an electric bill; C. imposed under §§ 6–201 through 6–203 of the Tax – Property Article, on tangible personal property subject to a lease that is for an initial period that exceeds 1 year and is noncancellable except for cause; or D. imposed under § 4–102 of this article on the gross receipts derived from an admissions and amusement charge; 7. any service for the operation of equipment used for the production of audio, video, or film recordings; or 8. reimbursement of incidental expenses paid to a third party and incurred in connection with providing a taxable detective service; (ii) the value of a used component or part (core value) received from a purchaser of the following remanufactured truck parts: 1. an air brake system; 2. an engine; 3. a rear axle carrier; or 4. a transmission; (iii) a charge for a nontaxable service that is made in connection with a sale of a taxable communication service, even if the nontaxable charges are aggregated with and not separately stated from the taxable charges for communications services, if the vendor can reasonably identify charges not subject to tax from its books and records that are kept in the regular course of business; or (iv) a transportation network company impact fee imposed under § 10–408 of the Public Utilities Article. (4) “Taxable price” includes all sales and charges, including insurance, freight handling, equipment and supplies, delivery and pickup, cellular telephone, and other accessories, but not including sales of motor fuel subject to the motor fuel tax, made in connection with: (i) a short–term vehicle rental, as defined in § 11–104(c) of this subtitle; or (ii) a shared motor vehicle used for peer–to–peer car sharing and made available on a peer–to–peer car sharing program, as defined in § 19–520 of the Insurance Article. (5) “Taxable price” includes: (i) for the sale or use of an accommodation facilitated by an accommodations intermediary or a short–term rental platform, the full amount of the consideration paid by a buyer for the sale or use of an accommodation, but not including any tax that is remitted to a taxing authority; and (ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, the full amount of consideration paid by a buyer for the sale or use of a home amenity rental, but not including any tax that is remitted to a taxing authority. (6) “Taxable price” does not include: (i) for the sale or use of an accommodation facilitated by an accommodations intermediary or a short–term rental platform, a commission paid by an accommodations provider to a person after facilitating the sale or use of an accommodation; or (ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, a commission paid by a home amenity rental provider to a person after facilitating the sale or use of a home amenity rental. (m) “Taxable service” means: (1) fabrication, printing, or production of tangible personal property or a digital product by special order; (2) commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles; (3) cleaning of a commercial or industrial building; (4) cellular telephone or other mobile telecommunications service; (5) “900”, “976”, “915”, and other “900”–type telecommunications service; (6) custom calling service provided in connection with basic telephone service; (7) a telephone answering service; (8) pay per view television service; (9) credit reporting; (10) a security service, including: (i) a detective, guard, or armored car service; and (ii) a security systems service; (11) a transportation service for transmission, distribution, or delivery of electricity or natural gas, if the sale or use of the electricity or natural gas is subject to the sales and use tax; (12) a prepaid telephone calling arrangement; (13) the privilege given to an individual under § 4–1102 of the Alcoholic Beverages and Cannabis Article to consume wine that is not purchased from or provided by a restaurant, club, or hotel; (14) a data or information technology service described under NAICS Sector 518, 519, or 5415; or (15) a system software or application software publishing service described under NAICS Sector 5132. (m–1) (1) “Telephone answering service” means a service provided to a customer that consists exclusively of the taking of messages, either by an automated system or by a live operator, and transmitting the messages to the customer. (2) “Telephone answering service” does not include the physical act of answering a telephone on behalf of a customer, if the act is incidental to and less than 5% of the service provider’s total gross receipts in a calendar year. (n) (1) “Use” means an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of: (i) tangible personal property; (ii) a taxable service; (iii) a digital code; or (iv) a digital product. (2) “Use” includes an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of tangible personal property, a digital code, or a digital product: (i) for use or resale in the form of real estate by a builder, contractor, or landowner; or (ii) except as provided in paragraph (3)(i) of this subsection, as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property, digital code, or digital product before or after that use. (3) “Use” does not include: (i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if: 1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and 2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work; (ii) an exercise of a right or power over tangible personal property, a digital code, or a digital product acquired by a sale for use if the buyer intends to: 1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product; 2. use or incorporate the tangible personal property or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or 3. transfer the tangible personal property, digital code, or digital product as part of a taxable service transaction; (iii) an exercise of a right or power over a taxable service acquired by a sale for use if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service; (iv) an exercise of a right or power over a digital code to receive or access a digital product; (v) an exercise of a right or power over a digital product acquired by a sale for use if the buyer is not an end user; or (vi) the use or transfer of a digital product or digital code by the transferor and obtained by the end user free of charge. (o) (1) “Vendor” means a person who: (i) engages in the business of an out–of–state vendor, as defined in § 11–701 of this title; (ii) engages in the business of a retail vendor, as defined in § 11–701 of this title; (iii) holds a special license issued under § 11–707 of this title; (iv) is an accommodations intermediary or a home amenity rental intermediary; (v) is a short–term rental platform or home amenity rental platform; (vi) engages in the business of a marketplace facilitator; or (vii) engages in the business of a marketplace seller. (2) “Vendor” includes, for an out–of–state vendor, a salesman, representative, peddler, or canvasser whom the Comptroller, for the efficient administration of this title, elects to treat as an agent jointly responsible with the dealer, distributor, employer, or supervisor: (i) under whom the agent operates; or (ii) from whom the agent obtains the tangible personal property, a digital code, a digital product, or taxable service for sale.§11–101. ** TAKES EFFECT JULY 1, 2027 PER CHAPTER 638 OF 2025 ** (a) In this title the following words have the meanings indicated. (a–1) “Accommodation” means a right to occupy a room, lodgings, or a short–term rental unit as a transient guest. (a–2) (1) “Accommodations intermediary” means a person, other than an accommodations provider, who: (i) facilitates the sale or use of an accommodation and charges a buyer the taxable price for the accommodation; or (ii) receives compensation for facilitating reservations or processing booking transactions on behalf of an accommodations provider. (2) “Accommodations intermediary” includes a short–term rental platform. (3) For purposes of this subsection, a person shall be considered to facilitate the sale or use of an accommodation if the person brokers, coordinates, or in any other way arranges for the sale or use of an accommodation by a buyer. (a–3) “Accommodations provider” means a person that owns, operates, or manages an accommodation and makes the accommodation available for sale or use to a buyer. (a–4) “Booking transaction” means any transaction in which there is a retail sale of an accommodation to a buyer in exchange for payment of the taxable price. (b) “Buyer” means a person who: (1) acquires tangible personal property in a sale; (2) obtains a taxable service in a sale; or (3) acquires a digital code or digital product in a sale. (c) “Cleaning of a commercial or industrial building” means the following services performed to a commercial or industrial building: (1) floor, carpet, wall, window, ceiling, and exterior cleaning; and (2) janitorial services. (c–1) “Customer tax address” means, with respect to a sale of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section: (1) for a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section that is received by a buyer at the business location of the vendor, the address of that business location; (2) if item (1) of this subsection is not applicable and the primary use location of the digital code or digital product, described under subsection (m)(14) or (15) of this section is known by the vendor, that primary use location; (3) if items (1) and (2) of this subsection are not applicable, the location where the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is received by the buyer, or by a donee of the buyer that is identified by the buyer, if known to the vendor and maintained in the ordinary course of the vendor’s business; (4) if items (1) through (3) of this subsection are not applicable, the location indicated by an address for the buyer that is available from the business records of the vendor that are maintained in the ordinary course of business of the vendor’s business, when use of the address does not constitute bad faith; (5) if items (1) through (4) of this subsection are not applicable, the location indicated by an address for the buyer obtained during the consummation of the sale, including the address of the buyer’s payment instrument, when use of the address does not constitute bad faith; or (6) if items (1) through (5) of this subsection are not applicable, including a circumstance in which a vendor is without sufficient information to apply those items, one of the following locations, as selected by the vendor, provided that the location is consistently used by the vendor for all sales to which this item applies: (i) the location in the United States of the headquarters of the vendor’s business; (ii) the location in the United States where the vendor has the greatest number of employees; or (iii) the location in the United States from which the vendor makes digital products available for electronic transfer. (c–2) “Detective” means a person who is authorized to provide private detective services under Title 13 of the Business Occupations and Professions Article. (c–3) (1) “Digital code” means a number, symbol, alphanumeric sequence, barcode, or similar code that: (i) may be obtained by any means, including: 1. in a tangible form, such as a card; or 2. through e–mail; and (ii) provides a buyer with a right to obtain one or more digital products. (2) “Digital code” does not include a gift certificate or gift card with a monetary value that may be redeemable for an item other than a digital product. (c–4) (1) “Digital product” means a product that is obtained electronically by the buyer or delivered by means other than tangible storage media through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Digital product” includes: (i) a work that results from the fixation of a series of sounds that are transferred electronically, including: 1. prerecorded or live music or performances, readings of books or other written materials, and speeches; and 2. audio greeting cards sent by e–mail; (ii) a digitized sound file, such as a ring tone, that is downloaded onto a device and may be used to alert the user of the device with respect to a communication; (iii) a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds that are transferred electronically, including motion pictures, musical videos, news and entertainment programs, live events, video greeting cards sent by e–mail, and video or electronic games; (iv) a book, generally known as an “e–book”, that is transferred electronically; and (v) a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product that is transferred electronically. (3) “Digital product” does not include: (i) prerecorded or live instruction by a public, private, or parochial elementary or secondary school or a public or private institution of higher education; (ii) instruction in a skill or profession in a buyer’s current or prospective business, occupation, or trade if the instruction: 1. is not prerecorded; and 2. features an interactive element between the buyer and the instructor or other buyers contemporaneous with the instruction; (iii) a seminar, discussion, or similar event hosted by a nonprofit organization or business association, if the seminar, discussion, or event: 1. is not prerecorded; and 2. features an interactive element between the buyer and host or other buyers contemporaneous with the seminar, discussion, or event; (iv) a professional service obtained electronically or delivered through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) a product having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities where the purchaser holds a copyright or other intellectual property interest in the product, in whole or in part, if the purchaser uses the product solely for commercial purposes, including advertising or other marketing activities; or (vi) computer software or software as a service purchased or licensed solely for commercial purposes in an enterprise computer system, including operating programs or application software for the exclusive use of the enterprise software system, that is housed or maintained by the purchaser or on a cloud server, whether hosted by the purchaser, the software vendor, or a third party. (c–5) (1) “End user” means any person who receives or accesses a digital code, digital product code, or taxable service described under subsection (m)(14) or (15) of this section for use. (2) “End user” does not include any person who receives a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the digital product. (c–6) “Home amenity” means any portion, whether indoors or outdoors, of a residential property, excluding bedrooms or any portion of the property intended for sleeping quarters, that is occupied by the hour and for not more than 15 hours consecutively. (c–7) “Home amenity rental” means the temporary use in exchange for consideration of a home amenity. (c–8) (1) “Home amenity rental intermediary” means a person, other than a home amenity rental provider, who facilitates the sale or use of a home amenity and charges a buyer the taxable price for the home amenity rental. (2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of a home amenity if the person brokers, coordinates, or in any other way arranges for the sale or use of a home amenity by a buyer. (c–9) “Home amenity rental platform” means an Internet–based digital entity that: (1) advertises the availability of home amenities; and (2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a home amenity. (c–10) (1) “Marketplace facilitator” means a person that: (i) facilitates a retail sale by a marketplace seller by listing or advertising for sale in a marketplace tangible personal property, digital code, or a digital product; and (ii) regardless of whether the person receives compensation or other consideration in exchange for the person’s services, directly or indirectly through agreements with third parties, collects payment from a buyer and transmits the payment to the marketplace seller. (2) “Marketplace facilitator” does not include: (i) a platform or forum that exclusively provides Internet advertising services, including listing products for sale, if the platform or forum does not also engage, directly or indirectly, in collecting payment from a buyer and transmitting that payment to the vendor; (ii) a payment processor business appointed by a vendor to handle payment transactions from clients, including credit cards and debit cards, whose only activity with respect to marketplace sales is to handle transactions between two parties; or (iii) a delivery service company that delivers tangible personal property on behalf of a marketplace seller that is engaged in the business of a retail vendor and holds a license issued under Subtitle 7 of this title. (c–11) “Marketplace seller” means a person that makes a retail sale or sale for use through a physical or electronic marketplace operated by a marketplace facilitator. (c–12) “NAICS” means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget. (c–13) “Permanent” means perpetual or for an indefinite or unspecified length of time. (d) “Person” includes: (1) this State or a political subdivision, unit, or instrumentality of this State; (2) another state or a political subdivision, unit, or instrumentality of that state; and (3) a unit or instrumentality of a political subdivision of this State or of another state. (e) “Prepaid telephone calling arrangement” means the right to use telecommunications services, paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed. (e–1) (1) “Primary use location” means the street address representative of where the buyer’s use of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section will primarily occur, as determined by: (i) the residential street address or a business street address of the actual end user of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section including, if applicable, the address of a donee of the buyer that is designated by the buyer; or (ii) if the buyer is not an individual, the location of the buyer’s end users, including employees, or equipment that makes use of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section. (2) “Primary use location” does not include the location of a person who is not any end user or who uses a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section as the purchaser of a separate good or service from the buyer. (f) (1) “Production activity” means: (i) except for processing food or a beverage by a retail food vendor, assembling, manufacturing, processing, or refining tangible personal property for resale; (ii) generating electricity for sale or for use in another production activity; (iii) 1. laundering, maintaining, or preparing textile products for rental; or 2. laundering, maintaining, or preparing textile products in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business tha
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Article - Tax - General PreviousNext
§9–101. (a) In this title the following words have the meanings indicated. (b) “Aviation fuel” means: (1) aviation gasoline; or (2) turbine fuel. (c) (1) “Aviation gasoline” means gasoline that is used to propel gasoline–powered aircraft and: (i) is invoiced as aviation gasoline; or (ii) is received, sold, stored, or withdrawn from storage by a person for the purpose of propelling gasoline–powered aircraft. (2) “Aviation gasoline” does not include gasoline used to propel a motor vehicle. (d) “Clean-burning fuel” means, when used for motor vehicle propulsion: (1) natural gas; (2) liquefied natural gas; (3) liquefied petroleum gas; (4) hydrogen; (5) electricity; or (6) any other fuel at least 85% of which is one or more of the following: (i) methanol; (ii) ethanol; (iii) any other alcohol; or (iv) ether. (e) (1) “Gasoline” means a product that: (i) is used as fuel in a spark ignited, internal combustion engine; or (ii) is designated as gasoline by the Comptroller. (2) “Gasoline” includes: (i) casinghead gasoline; (ii) absorption gasoline; (iii) other natural gasoline; and (iv) aviation gasoline. (f) “Motor fuel” means: (1) gasoline; or (2) special fuel. (g) “Motor vehicle” means a vehicle that: (1) is self-propelled; (2) is designed to be operated on a public highway; and (3) is not operated only on rails. (h) (1) “Special fuel” means a product that is usable as fuel in an internal combustion engine. (2) “Special fuel” includes clean-burning fuel except electricity. (3) “Special fuel” does not include gasoline. (i) “Turbine fuel” means Jet A, A-1, or B fuel that is used to propel turbine powered aircraft.PreviousNext
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§1–101. (a) In this article the following words have the meanings indicated. (a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article. (a–2) “Active service member” has the meaning stated in § 9–901 of the State Government Article. (b) “Assess” means: (1) for real property, to determine the phased–in full cash value or use value to which the property tax rate may be applied; and (2) for personal property, to determine the value to which the property tax rate may be applied. (c) “Assessment” means: (1) for real property, the phased–in full cash value or use value to which the property tax rate may be applied; and (2) for personal property, the value to which the property tax rate may be applied. (d) “Assessment roll” means the official listing of assessments of property required under § 2–202(3) of this article. (e) “Collector” includes an officer of a county or municipal corporation who has a duty to collect or remit taxes. (f) (1) “Corporation” includes an association or joint–stock company. (2) “Corporation” does not include a common trust fund as defined in § 3–501(b) of the Financial Institutions Article. (g) “County” means a county of the State and, unless expressly provided otherwise, Baltimore City. (h) (1) “County property tax” means the tax on property that is authorized under §§ 6–202 and 10–102 through 10–105 of this article. (2) “County property tax” does not include a tax imposed on property specifically benefited by local improvements. (i) “Date of finality” means January 1, when assessments become final for the taxable year next following. (j) (1) “Department” means the State Department of Assessments and Taxation. (2) “Department” includes, unless the context requires otherwise, a supervisor. (k) “Director” means the Director of the State Department of Assessments and Taxation. (l) “Domestic corporation” means a corporation organized under the laws of the State. (m) “Foreign corporation” means a corporation organized under the laws of the United States, a foreign country, or another state. (n) “Governing body” means: (1) for Baltimore City, unless otherwise provided, the Board of Estimates; (2) for charter counties, as provided by local law, the county council or the county executive and the county council; (3) for code counties, the county commissioners or county council; (4) for county commissioner counties, the county commissioners; and (5) for municipal corporations, the body provided by municipal charter. (o) “Includes” or “including” means includes or including by way of illustration and not by way of limitation. (p) “Internal Revenue Code” means Title 26 of the United States Code. (q) “Law” includes any enactment, order, resolution, or ordinance of a county or municipal corporation. (r) (1) “Manufacturing” means the process of substantially transforming, or a substantial step in the process of substantially transforming, tangible personal property into a new and different article of tangible personal property by use of labor or machinery. (2) “Manufacturing” includes: (i) the operation of sawmills, grain mills, or feed mills; (ii) the operation of machinery and equipment used to extract and process minerals, metals, or earthen materials or by–products that result from the extracting or processing; (iii) research and development activities, whether or not the company has a product for sale; (iv) the identification, design, or genetic engineering of biological materials for research or manufacture; and (v) the design, development, or creation of computer software for sale, lease, or license. (3) “Manufacturing” does not include: (i) activities that are primarily a service; (ii) activities that are intellectual, artistic, or clerical in nature; (iii) public utility services, including telephone, gas, electric, water, and steam production services; or (iv) any other activity that would not commonly be considered as manufacturing. (s) “Municipal corporation” means an entity that is subject to Article XI–E of the Maryland Constitution. (t) (1) “Municipal corporation property tax” means the tax on property authorized under §§ 6–203 and 10–102 through 10–105 of this article. (2) “Municipal corporation property tax” does not include a tax imposed on property specifically benefited by local improvements. (u) “Operating land” means any land used to operate a railroad or public utility. (v) (1) “Operating personal property” includes any property, other than real property, used to operate a railroad or public utility. (2) For a public utility, “operating personal property” includes cables, lines, poles, and towers. (w) (1) “Operating property” means any property used to operate a railroad or public utility. (2) “Operating property” includes operating real property and operating personal property. (x) “Operating real property” includes any real property used to operate a railroad or public utility. (y) (1) “Operating unit” means, as determined by the Department, all of the operating property of a railroad or a public utility. (2) “Operating unit” includes operating property that is located outside of the State. (3) “Operating unit” does not include more than 1 railroad or public utility for which separate accounts are kept, unless the Department finds that: (i) the accounts are under the same or commonly controlled management; and (ii) the inclusion is necessary to determine the value of the operating property. (z) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, corporation, or other entity. (aa) “Principal office of a domestic corporation” means: (1) the office in the State where the business of the corporation is directed and managed; (2) if there is no office in the State where the business is directed and managed, the place in the State where the principal business of the corporation in the State is transacted; or (3) if there is no office or place that meets the requirements of item (1) or (2) of this subsection, the principal office named in the corporation charter or reported to the Department. (bb) “Principal office of a foreign corporation in the State” means the place in the State where the principal business or operation of the corporation in the State is carried on. (cc) “Property” means real property and personal property. (dd) “Property tax” means the property tax imposed by: (1) the State; (2) a county; or (3) a municipal corporation. (ee) (1) “Public utility” means a company classified by the Department as a public utility under § 8–109 of this article. (2) “Public utility” includes: (i) an electric company; (ii) a gas company; (iii) a pipeline company; (iv) a sewage disposal company; (v) a steam heating company; (vi) a telephone company; and (vii) a water company. (3) “Public utility” does not include: (i) a cable television company; (ii) a cellular telephone company; (iii) a cogenerator; (iv) an exempt wholesale generator; (v) an independent power producer; (vi) a small power producer; or (vii) a utility owned by a county or municipal corporation. (ff) “Quarterly date of finality” means the April 1 or October 1 when assessments may be made for real property that becomes assessable up to that time and after the last date of finality or semiannual date of finality. (gg) (1) “Real property” means any land or improvements to land. (2) “Real property” includes: (i) a leasehold or other limited interest in real property; and (ii) an easement. (hh) (1) “Research and development” means: (i) basic and applied research in the sciences and engineering; and (ii) the design, development, and governmentally required premarket testing of prototypes, products, and processes. (2) “Research and development” does not include: (i) market research; (ii) research in the social sciences, psychology, or other nontechnical activities; (iii) routine product testing; (iv) sales services; (v) technical and nontechnical services; or (vi) research and development of a public utility. (hh–1) “Reserve component” has the meaning stated in § 9–901 of the State Government Article. (ii) “Resident of the State” includes a domestic corporation. (jj) “Semiannual date of finality” means July 1, when assessments may be made for real property that becomes assessable after the immediately preceding date of finality or quarterly date of finality. (jj–1) “Service member” has the meaning stated in § 9–901 of the State Government Article. (kk) “State” means: (1) a state, possession, or territory of the United States; (2) the District of Columbia; or (3) the Commonwealth of Puerto Rico. (ll) “State property tax” means the tax imposed on property under § 6–201 of this article and authorized under §§ 10–102 and 10–103 of this article. (mm) “Supervisor” means the supervisor of assessments for a county. (nn) “Tax roll” means the assessment roll to which the property tax rate has been applied and on which the property tax on each property is shown. (oo) “Taxable year” means July 1 to June 30, both inclusive, for which the State, each county, municipal corporation, and taxing district of the State computes, imposes, and collects property tax. (oo–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. (pp) “Valuation” means the process of determining the value of property. (qq) “Value” means the full cash value of property. (rr) “Veteran” has the meaning stated in § 9–901 of the State Government Article.Next
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§8–101. (a) For assessment purposes, property shall be divided into classes and subclasses. (b) Real property is a class of property and is divided into the following subclasses: (1) land that is actively devoted to farm or agricultural use, assessed under § 8-209 of this title; (2) marshland, assessed under § 8-210 of this title; (3) woodland, assessed under § 8-211 of this title; (4) land of a country club or golf course, assessed under §§ 8-212 through 8-217 of this title; (5) land that is used for a planned development, assessed under §§ 8-220 through 8-225 of this title; (6) rezoned real property that is used for residential purposes, assessed under §§ 8-226 through 8-228 of this title; (7) operating real property of a railroad; (8) operating real property of a public utility; (9) property valued under § 8-105(a)(3) of this subtitle; (10) conservation property, assessed under § 8-209.1 of this title; and (11) all other real property that is directed by this article to be assessed. (c) Personal property is a class of property and is divided into the following subclasses: (1) stock in business; (2) distilled spirits; (3) operating personal property of a railroad; (4) operating personal property of a public utility that is machinery or equipment used to generate electricity or steam for sale; (5) all other operating personal property of a public utility; (6) machinery and equipment, other than operating personal property of a public utility, that is used to generate: (i) electricity or steam for sale; or (ii) hot or chilled water for sale that is used to heat or cool a building; and (7) all other personal property that is directed by this article to be assessed.PreviousNext
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§21–101. (a) In this title and Title 25 of this article the following words have the meanings indicated. (b) “Alley” means a street that: (1) Is intended to provide access to the rear or side of a lot or building in an urban district; and (2) Is not intended for through vehicular traffic. (c) “Bicycle path” means any travelway designed and designated by signing or signing and marking for bicycle use, located within its own right–of–way or in a shared right–of–way, and physically separated from motor vehicle traffic by berm, shoulder, curb, or other similar device. (d) (1) “Bicycle way” means: (i) Any trail, path, part of a highway, surfaced or smooth shoulder, or sidewalk; or (ii) Any other travelway specifically signed, marked, or otherwise designated for bicycle travel. (2) “Bicycle way” includes: (i) Bicycle path; and (ii) Bike lane. (e) “Bike lane” means any portion of a roadway or shoulder designated for single directional bicycle flow. (f) “Business district” means an area that adjoins and includes a highway where at least 50 percent of the frontage along the highway, for a distance of at least 300 feet, is occupied by buildings used for business. (g) “Controlled access highway” means a highway or roadway to or from which persons, including the owners or occupants of abutting lands, have no right of access except at the points and in the manner determined by the public authority with jurisdiction over the highway or roadway. (h) “Crossover” means a transverse roadway or opening that connects the separate roadways of a divided highway at a point other than an intersection of the divided highway with another highway. (i) “Crosswalk” means that part of a roadway that is: (1) Within the prolongation or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway; (2) Within the prolongation or connection of the lateral lines of a bicycle way where a bicycle way and a roadway of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway; or (3) Distinctly indicated for pedestrian crossing by lines or other markings. (i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit vehicles owned, operated, or contracted for by the Maryland Transit Administration, the Washington Metropolitan Area Transit Authority, or a local department of transportation. (2) “Dedicated bus lane” includes transit bus stops located proximate to lanes designated for use by mass transit vehicles. (j) “Electric personal assistive mobility device” or “EPAMD” means a pedestrian device that: (1) Has two nontandem wheels; (2) Is self–balancing; (3) Is powered by an electric propulsion system; (4) Has a maximum speed capability of 15 miles per hour; and (5) Is designed to transport one person. (k) “Expressway” means a major highway of 2 or more traffic lanes in each direction that is designed to eliminate principal traffic hazards and has the following characteristics: (1) A median divider separating opposing traffic lanes to eliminate head–on collisions and sideswiping; (2) Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection; (3) Points of entrance and exit limited to predetermined locations; (4) Vertical curves long enough to provide long sight distances; and (5) Shoulders wide enough to permit vehicles to stop or park out of traffic lanes. (l) (1) “Intersection” means: (i) The area within the prolongation or connection of the lateral curb lines or, in the absence of curbs, the lateral boundary lines of the roadways of two highways that join at or approximately at right angles; or (ii) The area within which vehicles traveling on different highways joining at any other angle may come in conflict. (2) If a divided highway includes two roadways that are 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways that are 30 feet or more apart, every crossing of two roadways of these highways is a separate intersection. (l–1) “Interstate highway” means a State highway that is part of the national interstate system in the State, as designated by the Administration and approved by the United States Secretary of Transportation under Title 23 of the United States Code. (m) “Play vehicle” means a vehicle that: (1) Has two or more wheels; (2) Is propelled only by human power; (3) Is not a bicycle, as defined in Title 11 of this article; and (4) Is not a wheelchair. (n) “Private road or driveway” means any way or place that: (1) Is privately owned; and (2) Is used for vehicular travel by its owner and by those having express or implied permission from the owner, but not by other persons. (o) “Public bicycle area” means any highway, bicycle path, or other facility or area maintained by this State, a political subdivision of this State, or any of their agencies for the use of bicycles. (p) “Railroad” means a carrier of people or property on cars that are operated on stationary rails. (q) “Railroad sign” or “railroad signal” means any sign, signal, or device placed by authority of a public body or official or by a railroad to warn of the presence of railroad tracks or the approach of a railroad train. (r) “Railroad train” means any locomotive or any other car, rolling stock, equipment, or other device that, alone or coupled to others, is operated on stationary rails. (s) “Residential district” means an area that: (1) Is not a business district; and (2) Adjoins and includes a highway where the property along the highway, for a distance of at least 300 feet, is improved mainly with residences or residences and buildings used for business. (t) “Right–of–way” means the right of one vehicle or pedestrian to proceed in a lawful manner on a highway in preference to another vehicle or pedestrian. (u) “Safety zone” means an area in a roadway that: (1) Is officially set apart for the exclusive use of pedestrians; and (2) Is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (v) “Shoulder” means that portion of a highway contiguous with the roadway for the accommodation of stopped vehicles, for emergency use, for use by bicycles and motor scooters, and for the lateral support of the base and surface courses of the roadway. (w) “Sidewalk” means that part of a highway: (1) That is intended for use by pedestrians; and (2) That is between: (i) The lateral curb lines or, in the absence of curbs, the lateral boundary lines of a roadway; and (ii) The adjacent property lines. (x) “Through highway” means a highway or part of a highway: (1) On which vehicular traffic is given the right–of–way; and (2) At the entrances to which vehicular traffic from intersecting highways is required by law to yield the right–of–way to vehicles on that highway or part of a highway, in obedience to either a stop sign or yield sign placed as provided in the Maryland Vehicle Law. (y) “Urban district” means an area that: (1) Adjoins and includes any street; and (2) Is built up with structures that are: (i) Devoted to business, industry, or dwelling houses; and (ii) Situated at intervals of less than 100 feet, for a distance of at least a quarter of a mile. (z) “Wheelchair” means a mobility aid belonging to any class of three– or four–wheeled devices that: (1) Is usable indoors; (2) Does not exceed 30 inches in width and 48 inches in length, when measured 2 inches above the ground; and (3) Is designed for and used by a mobility impaired individual, whether operated manually or powered.PreviousNext
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Article - Transportation PreviousNext
§7–101. (a) In this title the following words have the meanings indicated. (b) “Administration” means the Maryland Transit Administration. (c) “Administrator” means the Maryland Transit Administrator. (d) “Disparate impact” means a facially neutral policy or practice that disproportionately affects members of a group identified by race, color, disability, or national origin, where the recipient’s policy or practice lacks a substantial legitimate justification and where there exist one or more alternatives that would serve the same legitimate objectives but with less disproportionate effect on the basis of race, color, disability, or national origin. (e) “Disproportionate burden” means a facially neutral policy or practice that disproportionately affects low–income populations more than non–low–income populations and, on a finding of disproportionate burden, requires the recipient to evaluate alternatives and mitigate burdens where practicable. (f) “District” means: (1) The Metropolitan Transit District, consisting of Baltimore City, Baltimore County, Anne Arundel County, and other areas as designated by the Secretary after consultation and coordination with the affected jurisdiction and subject to the provisions of the Washington Metropolitan Transit Authority Compact; and (2) Any area in which railroad service is performed under contract with the Administration or in which railroad facilities are owned by the Administration. (g) “Excursion train” means any special event train sponsored or contracted for in connection with the promotion of a public event benefiting the State and its citizens. (h) “Light rail transit” means rail transit which is electrically powered and can operate in mixed traffic with automobiles. (i) “Private carrier” means any person that renders transit service within the District under an operating permit or license issued by an agency of this State exercising regulatory jurisdiction over transportation of passengers within this State and over persons engaged in that business. (j) “Proof of fare payment” means evidence of fare prepayment authorized by the Administration for the use of transit service. (k) “Railroad company” means any entity engaged in the providing of railroad service under this title. (l) (1) “Railroad facility” means any facility used in providing railroad services, and includes any one or more or combination of: (i) Switches, spurs, tracks, structures, terminals, yards, real property, and other facilities useful or designed for use in connection with the transportation of persons or goods by rail; and (ii) All other appurtenances, including locomotives, cars, vehicles, and other instrumentalities of shipment or carriage, useful or designed for use in connection with the transportation of persons or goods by rail. (2) “Railroad facility” does not include any transit facility. (m) “Railroad service” means any service utilizing rail or railroad facilities performed by any common carrier operating under the jurisdiction of the State or federal government as a common carrier and includes any such service performed by the National Railroad Passenger Corporation. (n) (1) “Transit corridor” means a geographically bound set of two or more contiguous subway, light rail, bus rapid transit, or bus transit stations. (2) “Transit corridor” includes a geographically bound set of two or more contiguous bus transit stations that have fixed–route bus service that operates on a roadway dedicated to buses. (o) “Transit facility” includes any one or more or combination of tracks, rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or useful or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation, but does not include any railroad facility. (p) “Transit–oriented development” means a mix of private or public parking facilities, commercial and residential structures, and uses, improvements, and facilities customarily appurtenant to such facilities and uses, that: (1) Is part of a deliberate development plan or strategy involving: (i) Property that is adjacent to the passenger boarding and alighting location of a planned or existing transit station; (ii) Property, any part of which is located within one–half mile of the passenger boarding and alighting location of a planned or existing transit station; or (iii) Property that is adjacent to a planned or existing transit corridor; (2) Is planned to maximize the use of transit, walking, and bicycling by residents and employees; and (3) Is designated as a transit–oriented development by: (i) The Sustainable Growth Subcabinet established under § 9–1406 of the State Government Article; and (ii) The local government or multicounty agency with land use and planning responsibility for the relevant area applying for designation. (q) (1) “Transit service” means the transportation of persons and their packages and baggage and of newspapers, express, and mail in regular route, special, or charter service by means of transit facilities between points within the District. (2) “Transit service” does not include any: (i) Vanpool operation; or (ii) Railroad service. (r) (1) “Transit station” means any facility, the primary function of which relates to the boarding and alighting of passengers from transit vehicles. (2) “Transit station” includes platforms, shelters, passenger waiting facilities, parking areas, access roadways, and other real property used to facilitate passenger access to transit service or railroad service. (s) “Transit vehicle” means a mobile device used in rendering transit service.PreviousNext
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)