Maryland Professional Engineer Licensing Law
Maryland Code · 50 sections
The following is the full text of Maryland’s professional engineer licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.
Md. Code, Bus. Occ. & Prof. GBO 1-301
§1–301.
(a) “Authorized person” means:
(1) a professional engineer who is licensed under Title 14 of this article;
(2) a professional land surveyor who is licensed under Title 15 of this article; or
(3) an authorized representative of the professional engineer or the professional land surveyor who is executing a survey.
(b) If entry is for the purpose of using the horizontal or vertical position data in controlling surveys of land for cadastral purposes or for other private or public engineering purposes, an authorized person may enter on any private land on which there is a marked survey station for which the horizontal or vertical position has been determined:
(1) by or under the direction of the National Geodetic Survey;
(2) as a part of the Maryland coordinate system; or
(3) by or under the direction of any other organization whose survey stations have been established by or in accordance with the requirements of the State agency authorized to administer the Maryland coordinate system.
Md. Code, Bus. Occ. & Prof. GBO 14-101
§14–101.
(a) In this title the following words have the meanings indicated.
(b) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, a permit holder.
(c) “Board” means the State Board for Professional Engineers.
(d) “Council” means the National Council of Examiners for Engineering and Surveying.
(e) “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.
(f) “License” means, unless the context requires otherwise, a license issued by the Board to practice engineering.
(g) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license and the issuance of a reciprocal license.
(h) “Managing agent” means a professional engineer designated as the managing agent by a permit holder under § 14–403 of this title.
(i) “Permit” means, unless the context requires otherwise, a permit issued by the Board to allow a corporation, partnership, or limited liability company to operate a business through which one or more professional engineers may practice engineering.
(j) (1) “Practice engineering” means to provide any service or creative work the performance of which requires education, training, and experience in the application of:
(i) special knowledge of the mathematical, physical, and engineering sciences; and
(ii) the principles and methods of engineering analysis and design.
(2) In regard to a building or other structure, machine, equipment, process, works, system, project, or public or private utility, “practice engineering” includes:
(i) consultation;
(ii) design;
(iii) evaluation;
(iv) inspection of construction to ensure compliance with specifications and drawings;
(v) investigation;
(vi) planning; and
(vii) design coordination.
(3) “Practice engineering” does not include the exclusive and sole performance of nontechnical management activities.
(k) “Professional engineer” means, unless the context requires otherwise, an engineer who is licensed by the Board to practice engineering.
(l) (1) “Responsible charge” means direct control and personal supervision of engineering that requires initiative, professional skill, and independent judgment.
(2) “Responsible charge” includes responsible engineering teaching.
Md. Code, Bus. Occ. & Prof. GBO 14-103
§14–103.
(a) All engineering documents prepared in connection with the alteration, construction, design, or repair of a building, structure, building engineering system and its components, machine, equipment, process, works, subsystem, project, public or private utility, or facility in the built or economic environment, including an engineering document prepared at the request of the State or a political subdivision of the State, where the skills of a professional engineer are required, shall be signed, sealed, and dated by the professional engineer who prepared or approved the documents.
(b) A professional engineer may perform design coordination for a project or portion of a project provided that the professional engineer:
(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.
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 14-205
§14–205.
(a) With the advice of the established engineering societies, the Board shall adopt, by regulation, a code of ethics for practicing engineering.
(b) The Board shall distribute:
(1) to each applicant for a license, a copy of the Maryland Professional Engineers Act and the Board’s rules and regulations; and
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal.
Md. Code, Bus. Occ. & Prof. GBO 14-208
§14–208.
(a) (1) In addition to any powers set forth elsewhere, the Board may adopt:
(i) any bylaw for the conduct of the proceedings of the Board; and
(ii) any regulation to carry out this title, subject to the limitation under paragraph (2) of this subsection.
(2) The Board may not adopt any regulation that would restrict or otherwise would affect competitive bidding for engineering services.
(b) In addition to any duties set forth elsewhere, the Board shall:
(1) administer this title;
(2) adopt a seal;
(3) keep a record of its proceedings; and
(4) keep a file on each applicant for:
(i) a license; and
(ii) certification under § 14-310 of this title.
Md. Code, Bus. Occ. & Prof. GBO 14-208.1
§14–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees and certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees, certificate holders, and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board of Architects, the State Board of Examiners of Landscape Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license or a certificate and each code official, a copy of the Maryland Professional Engineers Act and the Board’s rules and regulations;
(2) on each renewal of a license or certificate, to each licensee or certificate holder, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations.
(e) A licensee or certificate holder shall designate the licensee’s or certificate holder’s mailing address at the time of issuance of the license or certificate and on each renewal of the license or certificate.
Md. Code, Bus. Occ. & Prof. GBO 14-301
§14–301.
(a) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice engineering in the State.
(b) This section does not apply to:
(1) an individual who practices engineering while performing official duties as an officer or employee of the federal government;
(2) a regular employee of a public utility company while providing engineering services to any facility of the company that the State or federal government regulates to safeguard life, health, and property;
(3) an officer or employee of a corporation, while the officer or employee practices engineering under the conditions authorized under § 14-302 of this subtitle;
(4) an employee or other subordinate of a professional engineer, while the subordinate practices engineering under the conditions authorized under § 14-303(a)(1) of this subtitle; or
(5) an employee of an individual who is not a professional engineer but who, nevertheless, is authorized to practice engineering, while the employee practices engineering under the conditions authorized under § 14-303(a)(2) of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 14-302
§14–302.
(a) An officer or employee of a corporation may practice engineering without a license if:
(1) the corporation is engaged in research and development engineering for the federal government; and
(2) the work of the officer or employee relates to that research and development engineering.
(b) An officer or employee of a corporation may practice engineering without a license if:
(1) the corporation is engaged in:
(i) manufacturing;
(ii) industrial processes;
(iii) industrial engineering; or
(iv) maintenance and repair of structures or equipment used in industrial processes or manufacturing; and
(2) the work of the officer or employee relates to the products or systems of the corporation or its subsidiaries or affiliates.
(c) An officer or employee of a corporation may practice engineering under this section only as the practice relates to the officer’s or employee’s work for the corporation.
Md. Code, Bus. Occ. & Prof. GBO 14-303
§14–303.
(a) Subject to this section, the following individuals may practice engineering without a license:
(1) an employee or other subordinate of a professional engineer; and
(2) an employee of an individual who is not licensed but is otherwise authorized under this title to practice engineering without supervision.
(b) The authority to practice engineering under this section applies only while the employee or other subordinate works under the responsible charge of the licensee or other authorized individual.
Md. Code, Bus. Occ. & Prof. GBO 14-305
§14–305.
(a) In addition to the other qualifications for a license set forth in this subtitle, an applicant shall qualify under this section by meeting the educational and experience requirements set forth in subsection (b), (c), or (d) of this section.
(b) (1) An applicant qualifies under this section if the applicant:
(i) has been graduated from a college or university on completion of at least a 4–year curriculum in engineering, or its equivalent, that the Board approves;
(ii) subject to paragraph (2) of this subsection, has at least 4 years of work experience in engineering that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice engineering;
(iii) has passed the examination in the fundamentals of engineering given by the Board under this subtitle; and
(iv) after passing the examination in fundamentals, has passed the examination in the principles and practice of engineering given by the Board under this subtitle.
(2) If an applicant has completed graduate study in engineering that is satisfactory to the Board, it may allow the applicant up to a 1–year credit toward the experience requirement of paragraph (1)(ii) of this subsection.
(c) An applicant qualifies under this section if the applicant:
(1) has been graduated from a college or university on completion of at least a 4–year curriculum in engineering, or its equivalent, that the Board has not approved;
(2) has at least 8 years of work experience in engineering that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice engineering;
(3) has passed the examination in the fundamentals of engineering given by the Board under this subtitle; and
(4) after passing the examination in fundamentals, has passed the examination in the principles and practice of engineering given by the Board under this subtitle.
(d) (1) An applicant qualifies under this section if the applicant:
(i) subject to paragraph (2) of this subsection, has at least 12 years of work experience in engineering that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice engineering; and
(ii) 1. has passed the examination in the fundamentals of engineering given by the Board under this subtitle; and
2. after passing the examination in the fundamentals of engineering, has passed the examination in the principles and practice of engineering given by the Board under this subtitle.
(2) If an applicant has completed 1 or more years of a college or university curriculum in engineering that the Board approves, it may allow, for each of those years, a 1–year credit towards the experience requirement of paragraph (1)(i) of this subsection.
(3) If an applicant has completed 1 or more years of a college or university curriculum in engineering that has not been approved by the Board, the Board may allow, for each of those years, a credit of up to 6 months towards the experience requirement under paragraph (1)(i) of this subsection.
(e) If an applicant has taught undergraduate or graduate courses in the practice of engineering or has directed engineering research and projects in the applicant’s field in a college or university offering an engineering curriculum that is approved by the Board, the Board may count the teaching experience as work experience for purposes of the experience requirements under any subsection of this section.
Md. Code, Bus. Occ. & Prof. GBO 14-306
§14–306.
(a) An applicant for a license shall:
(1) submit to the Board:
(i) an application on the form that the Board provides; and
(ii) any relevant document that the Board requires; and
(2) pay to the Board or the Board’s designee:
(i) a nonrefundable application fee set by the Board; and
(ii) an examination fee set by the Board in an amount not to exceed the cost of the required examinations.
(b) (1) The application form shall require:
(i) a statement about the education of the applicant;
(ii) a statement about the engineering experience of the applicant;
(iii) a list of at least 5 references, which, unless excused by the Board, shall include at least 3 professional engineers who have personal knowledge of the applicant’s engineering experience; and
(iv) any other relevant information that the Board requires.
(2) An application shall be made under oath.
(c) If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.
Md. Code, Bus. Occ. & Prof. GBO 14-307
§14–307.
(a) (1) Except as otherwise provided in § 14-307.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(2) Subject to § 14-310 of this subtitle, an individual may take the examination in the fundamentals of engineering before meeting other qualifications for a license.
(b) The Board periodically shall give the examinations required under this subtitle to qualified applicants at the times and places that the Board determines.
(c) The Board shall give each qualified applicant notice of the time and place of examination.
(d) (1) As provided under § 14–305 of this subtitle, the Board shall give the following 2 separate examinations:
(i) the examination in the fundamentals of engineering; and
(ii) the examination in the principles and practice of engineering.
(2) The Board shall determine the subjects, scope, and form of and method of grading and passing scores for examinations given under this subtitle.
(3) The Board shall structure the examinations to test the ability of an applicant to design, plan, and direct engineering works in order to ensure the safety of life, health, and property.
Md. Code, Bus. Occ. & Prof. GBO 14-310
§14–310.
(a) An individual may apply to the Board or the Board’s designee to take the Fundamentals of Engineering examination before the individual completes the requirements set forth in § 14–305(b) and (c) of this subtitle.
(b) If an individual passes the Fundamentals of Engineering examination and elects to obtain from the Board, on payment of a certification fee set by the Board, a certificate that states that the individual is an engineer–in–training, the Board shall:
(1) keep a record that the individual passed the examination; and
(2) issue to the individual a certificate that states that the individual is an engineer–in–training because the individual has passed the examination and that sets forth:
(i) the full name of the individual;
(ii) a certificate number assigned by the Board to the individual; and
(iii) the signature of an authorized official of the Board, under seal of the Board.
Md. Code, Bus. Occ. & Prof. GBO 14-311
§14–311.
(a) Subject to the provisions of this section, the Board may issue a license by reciprocity to practice engineering in this State to an individual who is currently licensed to practice engineering in another state or territory of the United States or in a foreign country.
(b) The Board may issue a license under this section only if the applicant:
(1) is of good character and reputation;
(2) pays to the Board:
(i) a nonrefundable application fee set by the Board; and
(ii) a license fee set by the Board; and
(3) provides adequate evidence that:
(i) at the time the applicant was licensed by the other state, territory, or foreign country, the applicant met requirements that were equivalent to those then required by the laws of this State; or
(ii) at the time of application for licensure by reciprocity under this section, the applicant meets the requirements currently required by the laws of this State.
(c) An engineer who is licensed by the Board by reciprocity may not be required to maintain licensure in any other state, territory, or foreign country as a condition of maintaining the license granted by the Board.
Md. Code, Bus. Occ. & Prof. GBO 14-315
§14–315.
(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:
(1) applies to the Board for reinstatement within 2 years after the license expires;
(2) meets the renewal requirements of § 14–314 of this subtitle; and
(3) except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board.
(b) (1) If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may:
(i) require the individual to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or
(ii) subject to paragraph (2) of this subsection, reinstate the license.
(2) The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:
(i) meets the renewal requirements of § 14–314 of this subtitle;
(ii) if required by the Board, states reasons why reinstatement should be granted; and
(iii) except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board.
(c) The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice engineering during the time the license lapsed.
Md. Code, Bus. Occ. & Prof. GBO 14-316
§14–316.
(a) The Board may issue a retired status license to an individual who:
(1) is currently licensed in Maryland as a professional engineer;
(2) has been licensed as a professional engineer for at least 25 years, of which at least 5 years were in Maryland;
(3) is not the subject of a pending disciplinary action related to the practice of engineering in this or any other state;
(4) submits to the Board an application on the form approved by the Board; and
(5) pays to the Board a fee as set by the Board.
(b) (1) The holder of a retired status license issued under this section may not engage in the practice of professional engineering.
(2) The holder of a retired status license shall be permitted to use the designation of “Professional Engineer, Retired”.
(c) The Board may reactivate the license of the holder of a retired status license if that individual:
(1) submits to the Board an application for reactivation on the form approved by the Board;
(2) meets all applicable continuing competency requirements determined by the Board;
(3) is not the subject of a pending disciplinary action related to the practice of engineering in this or any other state; and
(4) pays to the Board a reactivation fee as set by the Board.
Md. Code, Bus. Occ. & Prof. GBO 14-317
§14–317.
(a) (1) Subject to the hearing provisions of § 14–319 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if:
(i) the applicant or licensee fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(ii) the applicant or licensee fraudulently or deceptively uses a license;
(iii) under the laws of the United States or of any state, the applicant or licensee 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 practice engineering;
(iv) the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing engineering;
(v) the applicant or licensee has had a license to practice engineering in another state revoked or suspended by the other state for a cause that would justify revocation or suspension under this title, except for the failure to pay a license fee;
(vi) the applicant or licensee violates any regulation adopted by the Board; or
(vii) the applicant or licensee violates any provision of 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 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)(iii) 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 practice engineering;
(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, Bus. Occ. & Prof. GBO 14-401
§14–401.
(a) (1) Subject to the provisions of this subtitle, a professional engineer may practice engineering for others through:
(i) a corporation as an officer, employee, or agent of the corporation;
(ii) a limited liability company as a member, employee, or agent of the limited liability company; or
(iii) a partnership as a partner, employee, or agent of the partnership.
(2) Subject to the provisions of this subtitle, a corporation, limited liability company, or partnership may provide engineering services through one or more professional engineers.
(b) A professional engineer who practices engineering through a corporation, limited liability company, or partnership under this subtitle shall be subject to all of the provisions of this title that relate to practicing engineering.
(c) (1) A corporation, limited liability company, or partnership that provides engineering services under this subtitle is not, by its compliance with this subtitle, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or omission of its officer, member, partner, employee, or agent.
(2) An individual who practices engineering through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any professional responsibility that the individual may have regarding that practice.
Md. Code, Bus. Occ. & Prof. GBO 14-402
§14–402.
(a) Beginning on October 1, 2015, except as provided in subsection (b) of this section, a corporation, partnership, or limited liability company shall hold a permit issued by the Board before the corporation, partnership, or limited liability company may operate a business through which engineering is practiced.
(b) A corporation, partnership, or limited liability company may provide engineering services for itself or its affiliate without a permit issued by the Board.
Md. Code, Bus. Occ. & Prof. GBO 14-403
§14–403.
(a) To qualify for a permit, a corporation, partnership, or limited liability company shall meet the requirements of this section.
(b) (1) A corporation, partnership, or limited liability company shall designate a Maryland professional engineer in good standing to be the managing agent for the entity.
(2) The managing agent shall be:
(i) in a position to act on behalf of the corporation, partnership, or limited liability company in matters related to the practice of or the offering of the practice of engineering; and
(ii) an employee, an owner, a director, an officer, a member, or a partner, as applicable, of the entity seeking a permit.
(c) A licensee may not be designated as a managing agent for more than one corporation, partnership, or limited liability company that provides or offers to provide engineering services, except if the other entity is an affiliate of a permit holder.
Md. Code, Bus. Occ. & Prof. GBO 14-406
§14–406.
(a) Subject to subsection (b) of this section and while a permit is in effect, the permit authorizes the holder to:
(1) operate a business through which one or more professional engineers or individuals authorized to practice engineering under § 14–303 of this title practice or offer to practice engineering; and
(2) represent to the public that the business provides or offers to provide the services of a professional engineer.
(b) A permit authorizes the holder to provide a service that constitutes the practice of engineering only if the service is performed by an individual who is licensed or otherwise authorized to practice engineering under this title.
Md. Code, Bus. Occ. & Prof. GBO 14-4A-01
§14–4A–01.
(a) Each professional engineer may obtain a seal for use as required under § 14–403 of this title.
(b) The seal shall:
(1) be of a design determined by the Board; and
(2) include:
(i) the legend “professional engineer”; and
(ii) the name and license number of the professional engineer who holds the seal.
Md. Code, Bus. Occ. & Prof. GBO 14-4A-02
§14–4A–02.
(a) Before a professional engineer issues to a client or submits to a public authority any plan, specification, or report, the professional engineer who prepared or approved the document shall endorse on the document the professional engineer’s:
(1) original signature and date of signature; and
(2) seal or a facsimile of the seal.
(b) A public authority may not accept any engineering plan, specification, or report unless the document is endorsed as required under subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 14-501.1
§14–501.1.
Except for a professional engineer who operates a business as a sole practitioner, a person may not operate a business through which engineering services are performed or offered to be performed unless:
(1) the business is a corporation, partnership, or limited liability company; and
(2) the corporation, partnership, or limited liability company holds a permit issued by the Board.
Md. Code, Bus. Occ. & Prof. GBO 14-502
§14–502.
Unless authorized under this title to practice engineering without the supervision required under § 14-303 of this title, a person may not represent to the public, by use of a title, including “engineer”, “professional engineer”, “licensed engineer”, or “registered engineer”, by use of the term “engineering” in the name of the person’s business activity, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice engineering in this State.
Md. Code, Bus. Occ. & Prof. GBO 14-502.1
§14–502.1.
(a) Subject to subsection (b) of this section and unless a person holds a permit issued by the Board, the person may not represent to the public, by the use of a title, including “licensed professional engineers”, “professional engineers”, or “registered engineers”, by the use of the term “professional engineering” or “engineering”, by description of services, methods, or procedures, or otherwise, that the person holds a permit or otherwise is authorized to operate a business through which engineering is practiced in the State.
(b) Subsection (a) of this section does not apply to a professional engineer who operates the business as a sole practitioner.
Md. Code, Bus. Occ. & Prof. GBO 14-504
§14–504.
(a) Other than a professional engineer who obtains a seal as authorized under this title, a person may not use or attempt to use a seal.
(b) While the license of an individual is suspended, revoked, or expired, a person may not endorse a document, as provided under § 14-402 of this title, with the name or seal of the individual.
Md. Code, Bus. Occ. & Prof. GBO 14-506
§14–506.
(a) Except as otherwise provided under this section, an individual whose license has been suspended or revoked under § 14-317 of this title may not practice engineering in any manner as:
(1) an associate, agent, employee, or other subordinate of a professional engineer; or
(2) a principal, associate, agent, employee, or other subordinate of a corporation or partnership that provides engineering services.
(b) The prohibition set forth under subsection (a) of this section does not apply to an individual while practicing engineering:
(1) as an officer or employee of the federal government, as provided under § 14-301(b)(1) of this title;
(2) as an employee of a regulated utility company, as provided under § 14-301(b)(2) of this title; or
(3) as an officer or employee of a corporation, subject to the conditions provided under § 14-302 of this title.
Md. Code, Bus. Occ. & Prof. GBO 15-101
§15–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means the State Board for Professional Land Surveyors.
(c) “Council” means the National Council of Examiners for Engineering and Surveying.
(d) “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.
(e) “Land surveyor” means an individual who practices land surveying.
(f) (1) “License” means, unless the context requires otherwise, a license issued by the Board to practice:
(i) land surveying; or
(ii) property line surveying.
(2) “License” includes, unless the context requires otherwise:
(i) a license to practice land surveying; and
(ii) a license to practice property line surveying.
(g) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license and the issuance of a limited license, temporary license, and reciprocal license.
(h) “Licensed property line surveyor” means, unless the context requires otherwise, a property line surveyor who is licensed by the Board to practice property line surveying.
(i) “Permit” means, unless the context requires otherwise, a permit issued by the Board to allow a corporation or partnership to operate a business through which an individual may practice land surveying or property line surveying.
(j) “Permit fee” means, as applicable, the fee paid in connection with the issuance and renewal of a permit.
(k) (1) “Practice land surveying” means providing or offering to provide professional services that require the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of the relevant law to authoritatively determine, regardless of the technology or method used, the accurate and precise location of a feature, object, or boundary of real property with reference to the surface of the earth, space above the surface of the earth, or underground.
(2) “Practice land surveying” includes:
(i) measuring, platting, and locating lines, angles, elevations, natural or artificial features in the air, on the surface of the earth, in underground work, and on the beds of bodies of water for the purpose of determining and reporting positions, topography, areas, and volumes;
(ii) the describing, platting or replatting, establishing or reestablishing, locating or relocating, or setting or resetting the monumentation for boundaries of real property, easements, or rights–of–way;
(iii) platting, layout, and preparation of surveys, plats, plans, and drawings, including:
1. site plans;
2. subdivision plans;
3. subdivision plats;
4. condominium plats;
5. right–of–way and easement plats; and
6. other recordable plats;
(iv) conducting horizontal and vertical control surveys, layout or stake–out of proposed construction, and the preparation and platting of as–constructed surveys;
(v) utilizing measurement devices or systems, such as aerial photogrammetry, global positioning systems, land information systems, geographic information systems, or similar technology for evaluation or location of boundaries of real property, easements, or rights–of–way; and
(vi) in conjunction with the site development or subdivision of land, the preparation and design of plans for the following projects, provided that such preparation and design are in accordance with design manuals, details, and standards accepted by the State or local authority:
1. road and street grades;
2. sediment and erosion control measures;
3. nonpressurized closed storm drainage and stormwater management systems; and
4. open conduit storm drainage and stormwater management systems.
(3) “Practice land surveying” does not include the design, preparation, or specifications for:
(i) community water or wastewater treatment collection or distribution systems;
(ii) community pumping or lift stations; or
(iii) geotechnical or structural design components of sediment control or stormwater management ponds or basins.
(l) (1) “Practice property line surveying” means to practice land surveying, except for the services excluded under paragraph (2) of this subsection.
(2) “Practice property line surveying” does not include the performance of the services described in subsection (k)(1)(vi) of this section.
(m) “Professional land surveyor” means, unless the context requires otherwise, a land surveyor who is licensed by the Board to practice land surveying.
(n) “Property line surveyor” means an individual who practices property line surveying.
(o) “Responsible charge” means direct control and personal direction of the investigation, design, construction, or operation of land surveying work that requires initiative, professional skill, and independent judgment.
Md. Code, Bus. Occ. & Prof. GBO 15-204.1
§15–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, and the chairman of the State Board for Professional Engineers shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 15-208.1
§15–208.1.
(a) (1) The Board shall maintain a listing of the names and mailing addresses of all licensees and permit holders.
(2) The Board may release this list to the public.
(b) The licensee or permit holder shall designate the address at the time of issuance of the original license or permit and on the renewal of the license or permit.
(c) (1) The Board shall provide all licensees, certificate holders, and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Certified Interior Designers, and the State Board of Examiners of Landscape Architects.
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 16-4A-01
§16–4A–01.
(a) A licensed home inspector shall give to each person for whom the licensee performs a home inspection for compensation or to the person’s representative, a written report that states:
(1) the scope and the exclusions of the inspection;
(2) the conditions observed during the home inspection that are subject to the adopted standards of practice and code of ethics approved by the Commission;
(3) the license number of the licensee; and
(4) a disclosure in 14–point bold type that includes the following statements:
(i) “An inspection is intended to assist in the evaluation of the overall condition of a building. The inspection is based on observation of the visible and apparent condition of the building and its components on the date of the inspection”;
(ii) “The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guaranty is expressed or implied”;
(iii) “If your home inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to structural integrity of a building or the condition of its components or systems, you may wish to seek the professional opinion of a licensed structural engineer or other professional regarding any possible defects or other observations set forth in this report”; and
(iv) “Only home inspections performed by Maryland licensed home inspectors will be recognized as a valid home inspection under a real estate contract”.
(b) The licensee shall give the person or the person’s representative the report:
(1) by the date set in a written agreement by the parties to the home inspection; or
(2) within 7 business days after the home inspection was performed, if no date was set in a written agreement by the parties to the home inspection.
(c) Any limitation of the liability of the licensee for any damages resulting from the report on the home inspection shall be agreed to in writing by the parties to the home inspection prior to the performance of the home inspection.
Md. Code, Bus. Occ. & Prof. GBO 3-204.1
§3–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 3-208.1
§3–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Occ. & Prof. GBO 3-404
§3–404.
(a) To qualify for a permit, a corporation, limited liability company, or partnership shall meet the requirements of this section.
(b) (1) At least two-thirds of the directors of a corporation shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(2) (i) At least two-thirds of the partners of a partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(ii) If the partnership is a limited partnership, at least two-thirds of the general partners of the limited partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(3) At least two-thirds of the members of a limited liability company shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(c) (1) A corporation, limited liability company, or partnership shall have appointed at least 1 responsible member of the corporation, limited liability company, or partnership.
(2) A responsible member shall be in charge of architecture practiced through the corporation, limited liability company, or partnership.
(3) Each responsible member shall be:
(i) a director or an officer of a corporation, a member of a limited liability company, or a general partner of a partnership; and
(ii) a licensed architect.
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. Occ. & Prof. GBO 8-204.1
§8–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 8-206.1
§8–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all certificate holders and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a certificate and each code official, a copy of the Maryland Certified Interior Designers Act and the Board’s rules and regulations;
(2) on each renewal of a certificate, to each certificate holder, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations.
(e) A certificate holder shall designate the certificate holder’s mailing address at the time of issuance of the certificate and on each renewal of the certificate.
Md. Code, Bus. Occ. & Prof. GBO 8-401
§8–401.
A certified interior designer shall state in each of the designer’s interior design documents that the document is not an architectural or engineering drawing, specification, or design and is not to be used for construction of any load-bearing column, load-bearing framing, or load-bearing wall or structure.
Md. Code, Bus. Occ. & Prof. GBO 9-204.1
§9–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 9-206.1
§9–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Landscape Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Reg. § 9A-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 § ged-19
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Article - Education PreviousNext
§19–101. (a) In this title the following words have the meanings indicated. (b) (1) “Academic facility” and “academic facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which are used primarily for the instruction of students of a system. (2) “Academic facility” and “academic facilities” also mean any facility or facilities related, required, useful, or incidental for the operation or activities of a system which are not auxiliary facilities. (c) (1) “Academic fees” means tuition, student fees, and activity fees. (2) “Academic fees” does not include: (i) An appropriation of State funds; or (ii) Any revenues from contracts, grants, or gifts received or to be received by a system, other than contracts for tuition, student fees, or activity fees. (d) “Auxiliary facilities fees” means income, fees, rents, charges, and revenues arising from the use of any auxiliary facilities. (e) “Auxiliary facility” and “auxiliary facilities” mean any facility or facilities, now existing or hereafter constructed or acquired, which furnish a service to students, faculty, or staff at a system and which generate income, fees, rents, charges, and revenues arising from the use of the facility or facilities to support any project costs; such facilities shall include (but shall not be limited by type or class or otherwise to) housing facilities, eating facilities, recreational facilities, campus infirmaries, parking facilities, athletic facilities, student union or activity facilities, research facilities, laboratory facilities, testing facilities, and any related or incidental facility or any combination of such facilities. (f) “Board” means the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College. (g) “Bonds” means revenue bonds, certificates, notes, demand notes, commercial paper, or other evidences of indebtedness and shall also include bond anticipation notes. (h) “Capital lease” means any lease financing of real property which by generally accepted accounting principles is defined as a capital lease. For the purposes of this title, real property does not include fixtures. (i) “Costs” as applied to any project means all costs in respect of the project, including (without limitation): (1) The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, renovation, and operation; (2) The cost of acquisition of all land, rights-of-way, property rights, easements, and interests acquired by a system; (3) The cost of all machinery and equipment; (4) Financing charges and interest prior to and during construction and for 1 year after completion of construction; (5) The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project; (6) Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and (7) Administrative expenses, and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation. (j) “Project” or “projects” means the acquisition, construction, reconstruction, related demolition, equipment, maintenance, repair, renovation, financing, and refinancing of 1 or more auxiliary or academic facilities. (k) “Resolution” means a resolution adopted by a majority of the members of the Board of Regents of the University System of Maryland, the Board of Regents of Morgan State University, the Board of Trustees of St. Mary’s College of Maryland, or the Board of Trustees of Baltimore City Community College. (l) “State” means the State of Maryland. (m) “System” means the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.PreviousNext
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Article - Environment PreviousNext
§13–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the State Board of Well Drillers. (c) “Geotechnical” refers to that category of well driller license which authorizes the practice of well drilling limited to wells constructed for the purpose of sampling, measuring, or test pumping for scientific, engineering, or regulatory purposes, including wells constructed specifically for the removal of contaminants from an aquifer, but not including water supply test wells. (d) (1) “License” means, unless the context requires otherwise, any license issued by the Board under this title to practice well drilling. (2) “License” includes, unless otherwise indicated: (i) A well driller license; and (ii) A restricted license. (e) “Person” means: (1) The federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units; (2) Any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; and (3) Any partnership, firm, association, corporation, or other entity. (f) “Practice well drilling” includes engaging in any of the following activities for profit: (1) Making, altering, repairing, or sealing a well; or (2) Installing, altering, repairing, or disconnecting well system equipment. (g) “Restricted license” means any license issued by the Board that authorizes its holder to engage in some, but not all, of the activities which constitute the practice of well drilling. (h) “Water supply” refers to that category of well driller license which authorizes the practice of well drilling limited to wells constructed for the purpose of obtaining a water supply, including wells constructed for the purpose of installing a heat pump. (i) “Well” means any hole made in the ground: (1) To explore for groundwater; (2) To obtain or monitor groundwater; (3) To inject water into any underground formation from which groundwater may be produced; or (4) To transfer heat to or from the ground or groundwater, if the hole: (i) Extends more than 20 feet below the surface of the ground; and (ii) Is not a well for obtaining geothermal resources under § 5–601 of this article. (j) “Well driller license” means any license issued by the Board to engage in all activities that constitute the practice of well drilling, including all activities permitted under any restricted license. (k) (1) “Well system equipment” means any equipment that is necessary to draw or purify water from a well. (2) “Well system equipment” includes any casing, grout, screen, water tank, water pump, or water conditioning equipment.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 - Tax - Property Next
§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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Article - Transportation PreviousNext
§3–101. (a) In this title the following words have the meanings indicated. (b) “Airport facility”: (1) Has the meaning stated in § 5-101 of this article; and (2) Includes any one or more or combination of air navigation facilities, as defined in § 5-101 of this article. (c) “Bonds of prior issues” means: (1) All “State highway construction bonds, second issue” and “State highway construction bonds, third issue” issued and sold under Article 89B of the Code of 1957; and (2) All bonds issued and sold under Article 62B of the Code of 1957, evidencing the “Maryland Port Authority Loan of 1958”, “Maryland Port Authority Second Loan of 1961”, and “Maryland Port Authority Loan of 1967”. (d) “Cost”, as applied to any transportation facility, includes the cost of and all expenses incident to the construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance, and repair of the facility, including the cost and expenses of: (1) All property acquired in connection with it; (2) Financial, architectural, consulting, engineering, and legal services; (3) Plans, specifications, surveys, estimates, feasibility reports, and direct and indirect labor, material, equipment, and administrative expenses; and (4) Financing the facility, including financing charges and interest before, during, and for 1 year after completion of construction. (e) “Debt service” means the amount annually needed to pay the maturing principal of and interest on bonds, notes, and other evidences of obligation and to meet sinking fund requirements for these purposes. (f) (1) In this definition, “highway” and “State highway system” have the meanings stated in § 8-101 of this article. (2) “Highway facility” includes any one or more or combination of projects involving the rehabilitation and reconstruction of highways in the State highway system to meet present and future needs and the development and construction in new locations of new highways necessitated by traffic demands to become parts of the State highway system, including federally aided highway projects partially funded by this State and all incidental property rights, materials, facilities, and structures. (g) “Outstanding and unpaid” does not include: (1) Bonds purchased and held in sinking funds by or for the Department; or (2) If the money for their payment or redemption has been provided: (i) Matured bonds not presented for payment; or (ii) Bonds called for redemption but not presented for redemption. (h) “Port facility” has the meaning stated in § 6-101 of this article. (i) (1) “Railroad facility” 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. (j) “Refunding” means the retirement and cancellation of bonds, including bonds of prior issues, after their acquisition by or for the Department, whether before, at, or after maturity, either in exchange for other bonds or by payment, purchase, or redemption with the proceeds of the sale of other bonds. (k) “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. (l) “Transportation facility” includes any one or more or combination of: (1) Airport facilities; (2) Highway facilities; (3) Port facilities; (4) Railroad facilities; and (5) Transit facilities.PreviousNext
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Article - Transportation PreviousNext
§4–101. (a) In this title the following words have the meanings indicated. (b) “Authority” means the Maryland Transportation Authority. (c) “Cost”, as applied to any transportation facilities project, includes the cost of and all expenses incident to the construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance, and repair of the project, including the cost and expenses of: (1) All property acquired in connection with it; (2) Financial, architectural, consulting, engineering, and legal services; (3) Plans, specifications, surveys, estimates, feasibility reports, and direct and indirect labor, material, equipment, and administrative expenses; and (4) Financing the project, including financing charges and interest before, during, and for 1 year after completion of construction. (d) “Outstanding and unpaid” does not include: (1) Bonds purchased and held in sinking funds by or for the Authority; or (2) If the money for their payment or redemption has been provided: (i) Matured bonds not presented for payment; or (ii) Bonds called for redemption but not presented for redemption. (e) “Refunding” means the retirement and cancellation of bonds, including revenue bonds of prior issues, after their acquisition by or for the Authority, whether before, at, or after maturity, either in exchange for other bonds or by payment, purchase, or redemption with the proceeds of the sale of other bonds. (f) “Resolution”, as used with respect to the Authority, means a resolution adopted by the affirmative vote of a majority of the appointed members of the Authority and concurred in by the Chairman. (g) “Revenue bonds of prior issues” means: (1) “State of Maryland Bridge and Tunnel Revenue Bonds” dated as of October 1, 1954; (2) “State of Maryland Northeastern Expressway Revenue Bonds” dated as of January 1, 1962; (3) “State of Maryland Bridge and Tunnel Revenue Bonds”: (i) “(Series 1968)” dated as of October 1, 1968; and (ii) “(Series 1975)” dated as of July 1, 1975; and (4) Any other revenue bonds issued under the same provisions of law that authorized the issuance of the bonds listed in this subsection. (h) “Transportation facilities project” includes: (1) The Susquehanna River Bridge, the Harry W. Nice/Thomas “Mac” Middleton Potomac River Bridge, the William Preston Lane, Jr. Memorial Chesapeake Bay Bridge and parallel Chesapeake Bay Bridge, the Baltimore Harbor Tunnel, the Fort McHenry Tunnel, the Francis Scott Key Bridge, and the John F. Kennedy Memorial Highway, together with their appurtenant causeways, approaches, interchanges, entrance plazas, toll stations, and service facilities; (2) A vehicle parking facility located in a priority funding area as defined in § 5–7B–02 of the State Finance and Procurement Article; (3) Any other project for transportation facilities that the Authority authorizes to be acquired or constructed; and (4) Any additions, improvements, or enlargements to any of these projects, whenever authorized. (i) “Transportation facility” has the meaning stated in § 3–101 of this article. (j) “Vehicle parking facility” means a controlled entrance and exit building, structure, surface lot, and other facility for parking vehicles, for which fees or charges are established for the use of the facility.PreviousNext
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)