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Maryland HVAC & Mechanical Licensing Law

Maryland Code · 40 sections

The following is the full text of Maryland’s hvac & mechanical licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.


Md. Code, Bus. Occ. & Prof. GBO 12-301

§12–301.

(a)    (1)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide plumbing services before the individual may provide plumbing services in the State.

    (2)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide or to assist in providing plumbing services before the individual may assist in providing plumbing services in the State.

    (3)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide plumbing services or certified by the Board to provide propane gas services before the individual may provide propane gas services in the State.

    (4)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide natural gas services before the individual may provide natural gas services in the State.

(b)    (1)    Subject to paragraph (2) of this subsection, this section does not apply to an individual who personally provides plumbing services in the residence of the individual.

    (2)    An individual may not provide plumbing services that make a final connection between the residence of the individual and a public or private disposal system or water supply system.

(c)    This section does not apply to an employee of a gas company regulated by the Public Service Commission while making a connection to a gas appliance for domestic purposes or while installing, repairing, maintaining, replacing, or performing any other work on a natural gas, propane gas, or other gas distribution system, including customer-owned gas piping systems.

(d)    This section does not apply to an individual performing work that is only incidental to the licensee providing or assisting in providing plumbing services.

(e)    This section does not apply to an individual who, without compensation, provides plumbing services that the Board defines by regulation to be only incidental plumbing services.

(f)    This section does not apply to an employee of a building owner, manager, or maintenance company who provides plumbing services that the Board defines by regulation to be only minor plumbing repair services.

(g)    This section does not apply to an individual who is licensed as an appliance installer in Allegany County, Frederick County, Garrett County, or Washington County while acting within the scope of the license.

(h)    This section does not apply to an individual who is licensed in Washington County to work as or for a septic system installer or an on-site utility contractor installing water or sewer service in the county at least 5 feet from a building being served.

(i)    Subsection (a)(3) and (4) of this section does not apply to an individual licensed by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors while servicing an existing propane gas or existing natural gas appliance if the individual has completed a manufacturer’s training course certifying competence to work on that particular type of appliance.

Md. Code, Bus. Occ. & Prof. GBO 12-302

§12–302.

(a)    In this section, “licensed master plumber” means an individual who holds:

    (1)    a master plumber license or a limited master plumber license issued by the Board;

    (2)    a master plumber license issued by the Baltimore County Plumbing Board;

    (3)    a master plumber license issued by the Washington Suburban Sanitary Commission; or

    (4)    a master plumber license issued by another state, if the individual became licensed in that state after passing an examination that is equivalent to the examination for a master plumber license given in this State.

(b)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(c)    (1)    An applicant for a journey plumber license:

        (i)    1.    shall have held, for a period of at least 4 years, an apprentice plumber license or a license of equal stature, as determined by the Board, that is issued by another state; and

            2.    during that period, shall have completed at least 7,500 hours of training in providing plumbing services under the direction and control of a licensed master plumber; and

        (ii)    shall have completed at least 32 hours of training in the testing of backflow prevention devices, in a manner approved by the Board.

    (2)    The Board may allow the applicant to apply up to 1,500 hours of accredited, approved school study toward the experience requirement of paragraph (1)(i)2 of this subsection.

(d)    An applicant for a master plumber license:

    (1)    shall have completed at least 3,750 hours of training in providing plumbing services as a journey plumber licensed in this State or another state and under the direction and control of a licensed master plumber;

    (2)    (i)    if an applicant resides in this State, shall have a journey plumber license for at least 2 years; or

        (ii)    shall have been licensed in another state as a journey plumber after:

            1.    completing at least 7,500 hours of training in providing plumbing services under the direction and control of a licensed master plumber; and

            2.    passing a written examination that is equivalent to the examination for a journey plumber license given in this State; and

    (3)    shall have completed at least 32 hours of training in the testing of backflow prevention devices, in a manner approved by the Board.

(e)    Except as otherwise provided in this subtitle, an applicant for a master plumber license or a journey plumber license shall pass an examination given by the Board under this subtitle.

(f)    An applicant for a propane gas fitter certificate shall:

    (1)    hold a current certification of completion of the National Propane Gas Association Certified Training Program for Distribution Systems Operations;

    (2)    hold a gas fitters license from a county or municipal corporation authorizing the individual to provide propane gas services under a licensing program that is in existence prior to July 1, 1995 and that is acceptable to the Board; or

    (3)    otherwise demonstrate qualifications that are satisfactory to the Board and that are at least equivalent to the qualifications required by the National Propane Gas Association Certified Training Program for Distribution Systems Operations.

(g)    (1)    An applicant for a journeyman natural gas fitters license:

        (i)    shall have acquired 3,750 working hours as an apprentice natural gas fitter over a period of at least 2 years; and

        (ii)    shall have demonstrated successful completion of a training course approved by the Board relating to natural gas services.

    (2)    Except as otherwise provided in this subtitle, an applicant for a journeyman natural gas fitters license shall pass an examination given by the Board under this subtitle.

(h)    An applicant for a master natural gas fitters license shall:

    (1)    hold a gas fitters license from a county or municipal corporation authorizing the individual to provide natural gas services under a licensing program that is in existence prior to July 1, 1999, is acceptable to the Board, and at a minimum requires:

        (i)    successful completion of the licensing examination with a passing score of no less than 70; and

        (ii)    2 years of work experience as a journeyman natural gas fitter under the direction of a:

            1.    licensed master plumber; or

            2.    licensed master gas fitter;

    (2)    apply to the Board for a master natural gas fitters license before October 1, 2002 and provide proof that:

        (i)    the applicant has completed a natural gas certification program offered by a third party that:

            1.    was in existence prior to July 1, 1999;

            2.    is approved by the Board; and

            3.    provides theoretical and practical training relating to natural gas services; and

        (ii)    the applicant has acquired 4 years of work experience in providing natural gas services; or

    (3)    pass a written examination given by the Board and meet any other requirements specified by the Board, and at a minimum requires:

        (i)    proof of a current master or master restricted heating license in good standing issued by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors that is deemed acceptable by the Board; and

        (ii)    2 years of work experience as a journeyman natural gas fitter under the direction of a:

            1.    licensed master plumber;

            2.    licensed master gas fitter; or

            3.    holder of a master or master restricted heating license in good standing issued by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors, who demonstrates qualification as a natural gas fitter that is deemed acceptable by the Board.

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 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 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. § 8-101

§8–101.     (a)    In this title the following words have the meanings indicated.     (b)    “Commission” means the Maryland Home Improvement Commission.     (c)    “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner.     (d)    “Contractor license” means a license issued by the Commission to act as a contractor.     (e)    “Fund” means the Home Improvement Guaranty Fund.     (f)    “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title.     (g)    (1)    “Home improvement” means:             (i)    the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or             (ii)    an improvement to land adjacent to the building.         (2)    “Home improvement” includes:             (i)    construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool;             (ii)    a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property;             (iii)    connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines;             (iv)    installation, in the building or structure, of an awning, fire alarm, or storm window; and             (v)    work done on individual condominium units.         (3)    “Home improvement” does not include:             (i)    construction of a new home;             (ii)    work done to comply with a guarantee of completion for a new building project;             (iii)    connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines;             (iv)    sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials;             (v)    work done on apartment buildings that contain four or more single–family units; or             (vi)    work done on the commonly owned areas of condominiums.     (h)    “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement.     (i)    (1)    “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission.         (2)    “License” includes:             (i)    a contractor license; and             (ii)    a salesperson license.     (j)    “Licensed contractor” means a person who is licensed by the Commission to act as a contractor.     (k)    “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement.     (l)    “Salesperson” means a person who sells a home improvement.     (m)    “Salesperson license” means a license issued by the Commission to sell a home improvement.     (n)    “Sell a home improvement” means:         (1)    to negotiate or offer to negotiate a home improvement contract with an owner; or         (2)    to seek to get a home improvement contract from an owner.     (o)    “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with:         (1)    a contractor to perform all or part of a home improvement contract; or         (2)    another subcontractor to perform all or part of a subcontract to a home improvement contract.


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-102

§9A–102.     The purpose of this title is to establish a licensing program for individuals who provide or assist in providing heating, ventilation, air-conditioning, and refrigeration services to:         (1)    protect the public;         (2)    provide and maintain efficient and safe systems;         (3)    promote high professional standards; and         (4)    ensure that qualified individuals carry out subsections (1), (2), and (3) of this section.


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-205

§9A–205.     (a)    In addition to the powers set forth elsewhere, the Board shall:         (1)    adopt rules and regulations to carry out the provisions of this title;         (2)    adopt and enforce a code that sets minimum standards for installing, altering, remodeling, maintaining, and repairing heating, ventilation, air-conditioning, hydronic, and refrigeration systems;         (3)    administer examinations;         (4)    issue licenses;         (5)    keep a list of all licensees;         (6)    keep a record of its proceedings; and         (7)    adopt an official seal.     (b)    The Board shall enter into a cooperative agreement with a county for the county to enforce the code adopted under this section.     (c)    If a county has adopted a code prior to January 1, 1988 the county code shall apply within that county.     (d)    The Board exercises its powers, duties, and functions subject to the authority of the Secretary.


Md. Code, Bus. Reg. § 9A-302

§9A–302.     (a)    To qualify for an apprentice, journeyman, journeyman restricted, master, master restricted, or limited license, an applicant shall meet the requirements of this section.     (b)    An applicant for a master heating, ventilation, air-conditioning, and refrigeration contractor license shall:         (1)    have been regularly and principally employed in providing heating, ventilation, air-conditioning, or refrigeration services under a journeyman, journeyman restricted, limited, or master restricted license for not less than 3 years of active experience under the direction and control of a master heating, ventilation, air-conditioning, and refrigeration contractor and have been so employed for not less than 1,875 hours in the year prior to application; and         (2)    pass an examination administered by the Board.     (c)    An applicant for a master restricted heating, ventilation, air-conditioning, and refrigeration contractor license shall:         (1)    have been regularly and principally employed in providing refrigeration, air-conditioning, forced air heating, hydronic heating, or ventilation services under a journeyman, journeyman restricted, limited, or master restricted license for not less than 3 years of active experience under the direction and control of a master or master restricted heating, ventilation, air-conditioning, and refrigeration contractor and have been so employed for not less than 1,875 hours in the year prior to application; and         (2)    pass an examination administered by the Board.     (d)    An applicant for a limited heating, ventilation, air-conditioning, and refrigeration license shall:         (1)    have been regularly and principally employed in providing forced air heating, hydronic heating, ventilation, air-conditioning, or refrigeration services under a journeyman license for not less than 2 years of active experience under the direction and control of the holder of a master, master restricted, or limited license under this title, and have been so employed for not less than 1,000 hours in the year prior to application; and         (2)    pass an examination administered by the Board.     (e)    An applicant for a journeyman license shall:         (1)    have held, for a period of at least 4 years, an apprentice license, and during that period shall have completed at least 6,000 hours of training in providing heating, ventilation, air–conditioning, and refrigeration services under the direction and control of a licensed contractor; and         (2)    pass an examination administered by the Board.     (f)    An applicant for a journeyman restricted license shall:         (1)    have held, for a period of at least 3 years, an apprentice license, and during that period shall have completed at least 1,875 hours of training in providing forced air heating, hydronic heating, ventilation, air-conditioning, or refrigeration services under the direction and control of a licensed contractor; and         (2)    pass an examination administered by the Board.     (g)    (1)    The Board may credit not more than 3 years of formal course of study or professional training in heating, ventilation, air-conditioning, or refrigeration services if, in the opinion of the Board, the study or training provided comparable experience.         (2)    The Board may credit not more than 6 years of work experience in heating, ventilation, air-conditioning, or refrigeration services that fails to meet the requirements of subsection (b)(1), (c)(1), (d)(1), (e)(1), or (f)(1) of this section if, in the opinion of the Board:             (i)    the work provided comparable experience; and             (ii)    the failure of the applicant to meet the requirements is not attributable to fault or neglect on the part of the applicant.         (3)    The Board shall credit not more than 3 years of work experience in heating, ventilation, air-conditioning, or refrigeration services to any applicant under this section who has been teaching formal courses of study in heating, ventilation, air-conditioning, or refrigeration services for purposes of satisfying the requirements of subsections (b)(1), (c)(1), (d)(1), (e)(1), or (f)(1) of this section.


Md. Code, Bus. Reg. § 9A-304

§9A–304.     (a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.     (b)    The Board shall offer examinations to applicants at least twice annually, at places within the State and at times that the Board determines.     (c)    The Board shall mail or electronically transmit written notice of the date, hour, and place of examination to each applicant for a license who is required to pass the examination.     (d)    (1)    The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this title.         (2)    The Board shall provide examination questions that test the competency and qualifications of the applicant.     (e)    An applicant for a master restricted, journeyman restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license shall be examined only on subjects in which the applicant has the experience required under § 9A-302 of this subtitle.     (f)    To take an examination, an applicant shall pay to the Board or a testing service chosen by the Board the examination fee set by the Board in an amount not to exceed the cost of the examination.     (g)    (1)    The Board may use a testing service to administer the examinations given under this title.         (2)    If the Board uses a testing service, the testing service, subject to requirements set by the Board, may:             (i)    set the time and place of examinations;             (ii)    give qualified applicants notice of the time and place of examinations; and             (iii)    furnish any other information that the Board may require the testing service to provide.


Md. Code, Bus. Reg. § 9A-305

§9A–305.     (a)    Subject to the limitations in subsections (b) and (c) of this section, on the affirmative vote of at least a majority of the authorized membership of the Board, the Board may waive the examination requirements of this title for an individual who is licensed in another state to provide heating, ventilation, air–conditioning, or refrigeration services as a journeyman, journeyman restricted, master, master restricted, or limited heating, ventilation, air–conditioning, and refrigeration contractor.     (b)    The Board may grant a waiver under this section only if the applicant:         (1)    pays the appropriate application fee required by § 9A–207 of this title; 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 State license; and             (iv)    became licensed in the other state after meeting, in that state, requirements that are at least equivalent to the licensing requirements of this State, including the number of years of work experience equivalent to the experience required under § 9A–302(b), (c), and (d) of this subtitle.     (c)    The 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)    (1)    In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.         (2)    Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the Board shall grant a waiver to an applicant who files a request before July 1, 2012, if the applicant:             (i)    pays the appropriate application fee required under § 9A–207 of this title;             (ii)    holds an active Virginia license in good standing that is equivalent to the State license;             (iii)    has experience in the provision of heating, ventilation, air–conditioning, or refrigeration services that meets the time requirements of § 9A–302 of this subtitle; and             (iv)    has relocated to the State as a family member of a BRAC employee.


Md. Code, Bus. Reg. § 9A-306

§9A–306.     (a)    The Board shall issue without examination a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license to any licensee holding a current, active or inactive master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license, or a similar license issued by a subdivision of the State, if the licensee:         (1)    files an application for a license under this title by 1 year after the date that the members of the Board are appointed; and         (2)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (b)    The Board shall issue without examination a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license, whether a subdivision of the State requires a local license or not, to an individual who:         (1)    has lawfully provided heating, ventilation, air-conditioning, or refrigeration services in a subdivision of the State for at least 5 years immediately prior to 1 year after the date the members of the Board are appointed;         (2)    files an application for a license under this title prior to 1 year after the date the members of the Board are appointed; and         (3)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (c)    The Board shall issue without examination a journeyman license to an individual holding a current, active or inactive, journeyman license, or a similar license issued by a subdivision of the State, if the individual:         (1)    files an application for a license under this title prior to December 31, 1994; and         (2)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (d)    The Board shall issue without examination a journeyman license, whether a subdivision of the State requires a local license or not, to an individual who:         (1)    has lawfully provided heating, ventilation, air-conditioning, or refrigeration services in a subdivision of the State:             (i)    under the direction and control of one or more individuals who meet the requirements for a master license under subsection (a) or (b) of this section; and             (ii)    for at least 3 years prior to December 31, 1994;         (2)    holds an apprentice license at the time of the application;         (3)    files an application for a license under this title prior to December 31, 1994; and         (4)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (e)    (1)    The Board shall issue without examination a journeyman license to an individual who has successfully completed an apprentice program in heating, ventilation, air-conditioning, and refrigeration approved by the Apprenticeship and Training Council.         (2)    The Board shall issue without examination a journeyman restricted license to an individual who has successfully completed an apprentice program in heating, ventilation, air-conditioning, or refrigeration approved by the Apprenticeship and Training Council.     (f)    (1)    All applicants for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license on or after 1 year after the date the members of the Board are appointed shall submit to examination under this title.         (2)    The application shall include all information required by the Board regarding proof of eligibility.     (g)    (1)    Except as provided in subsection (e) of this section, all applicants for a journeyman license on or after January 1, 1995 shall submit to examination under this title.         (2)    The application shall include all information required by the Board regarding proof of eligibility.     (h)    An applicant who qualifies for a license under subsection (a) or (b) of this section but fails to apply for the license within the 1-year period:         (1)    may take an examination under this title to be licensed;         (2)    may not be required to obtain a journeyman license or an apprentice license; and         (3)    may provide services as a master, master restricted, or limited license holder after obtaining the appropriate license.     (i)    An individual who holds a limited license or a master restricted license issued under subsection (a) or (b) of this section may take an examination administered by the Board to qualify for a master license or an additional master restricted license without meeting the requirements of § 9A-302 of this subtitle, if the individual:         (1)    submits to the Board on or before December 31, 1996 an application on the form that the Board provides; and         (2)    pays to the Board an application fee established by the Board.


Md. Code, Bus. Reg. § 9A-308

§9A–308.     (a)    If an applicant passes the examination required by the Board and otherwise qualifies for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license under this title, the Board shall send the applicant a notice that states:         (1)    the applicant has qualified for the license; and         (2)    the Board will issue the license to an applicant on receipt of:             (i)    proof of insurance as required under § 9A-402 of this title; and             (ii)    a license fee established by the Board.     (b)    If an applicant passes the examination required by the Board and otherwise qualifies for a journeyman license or journeyman restricted license under this title, the Board shall send the applicant a notice that states:         (1)    the applicant has qualified for the license; and         (2)    the Board will issue the license to an applicant on receipt of a license fee established by the Board.


Md. Code, Bus. Reg. § 9A-309

§9A–309.     (a)    Unless the license is renewed for a 2-year term as provided in this section, a license expires on the first October 1 that comes:         (1)    after the effective date of the license; and         (2)    in an odd-numbered year.     (b)    Before the license expires, the licensee may renew it for an additional 2-year term, if the licensee:         (1)    otherwise is entitled to be granted a license;         (2)    pays to the Board a renewal fee established by the Board; and         (3)    submits:             (i)    proof of insurance as provided by § 9A-402 of this title; and             (ii)    a renewal application in the form that the Board provides.     (c)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.     (d)    (1)    At the time of renewal, a licensee who holds a valid heating, ventilation, air-conditioning, and refrigeration contractor license may apply to the Board for inactive status, during which time the licensee may not provide heating, ventilation, air-conditioning, or refrigeration services in the State.         (2)    If an individual wishes to renew a license on inactive status, the individual shall meet the requirements of subsection (b)(1), (2), and (3)(ii) of this section.         (3)    To return to active status the licensee must meet the renewal requirements of subsection (b) of this section.         (4)    Unless a licensee on inactive status renews the license as provided in this section, or reactivates the license as provided in this section, the license expires on the first October 1 that comes:             (i)    after the inactive status certificate has been issued to the licensee; and             (ii)    in an odd-numbered year.     (e)    (1)    If application for restoration is made within 4 years after expiration of a license, the license may be restored on payment of the required renewal or reinstatement fee.         (2)    If application for restoration is not made within the 4–year period, the Board may require compliance with the process for initial applications as if the applicant had never been licensed.     (f)    Except as provided in subsection (g) of this section, a license issued under this title is not transferable.     (g)    (1)    On the death of a licensed heating, ventilation, air-conditioning, and refrigeration contractor, the personal representative of the deceased licensee may retain the license for up to 6 months for the purpose of winding up the business.         (2)    In cases of extreme hardship, the Board may allow the personal representative to retain the license for an additional period not to exceed 24 months upon a good faith showing that the personal representative has:             (i)    acted diligently to conclude the business of the deceased licensee; and             (ii)    complied with the provisions of this title.     (h)    The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.


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, Bus. Reg. § 9A-401

§9A–401.     (a)    Each licensed master, master restricted, or limited heating, ventilation, air–conditioning, and refrigeration contractor shall display:         (1)    the license and the license number conspicuously in the principal place of business of the licensee; and         (2)    the license number of the licensee on each vehicle used on the job for providing heating, ventilation, air–conditioning, or refrigeration services.     (b)    (1)    Except as provided in paragraph (2) of this subsection, a county or municipal corporation may not require a person licensed under this subtitle to display a county or municipal corporation certificate number on each vehicle used on the job for providing heating, ventilation, air–conditioning, and refrigeration services.         (2)    This subsection does not apply to Anne Arundel County.     (c)    Each licensee shall give the Board written notice of any change of name, address, or employment from that which appears on the current license, at least 10 working days before the change is to take effect.


Md. Code, Bus. Reg. § 9A-402

§9A–402.     (a)    A holder of a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration license may not contract to provide services on behalf of the licensee, or another person who provides heating, ventilation, air-conditioning, or refrigeration services, unless the work of the licensee, including completed operations, is covered by:         (1)    general liability insurance in the amount of at least $300,000; and         (2)    property damage insurance in the amount of at least $100,000.     (b)    (1)    The insurance required under this section may be bought:             (i)    by a holder of a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration license; or             (ii)    by the person who engages in the business of providing heating, ventilation, air-conditioning, or refrigeration services and employs the holder of the master, master restricted, or limited license.         (2)    The insurance requirement of this section is not meant for work that a master, master restricted, or limited license holder does outside the scope of employment for the person who carries the insurance.     (c)    (1)    A licensed apprentice, licensed journeyman, or licensed journeyman restricted in the employ of a master, master restricted, or limited licensee need not obtain separate insurance while providing or assisting in providing heating, ventilation, air-conditioning, or refrigeration services under the control and supervision of the licensee.         (2)    Subject to the restrictions of § 9A-309 of this title regarding inactive status, inactive licensees who have had their inactive status approved by the Board need not obtain insurance while maintaining inactive status.     (d)    (1)    An applicant for any license under this title shall submit proof of the insurance required under this section to the Board with the license application.         (2)    Unless the applicant submits proof of insurance, the Board may not issue any license to an applicant to whom the insurance requirements of this section apply.     (e)    Unless an applicant meets the insurance requirements of this section, the Board may not renew any license of the applicant to whom the insurance requirements of this section apply.     (f)    A holder of a master, master restricted, or limited license shall give the Board notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.     (g)    If a county, municipal corporation, special taxing district, or other political subdivision requires a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration license holder, or other person who engages in the business of providing heating, ventilation, air-conditioning, and refrigeration services, to execute a surety bond under local heating, ventilation, air-conditioning, and refrigeration requirements, the person may satisfy the bond requirement by submitting proof of the insurance required under this section.     (h)    The Board shall specify on each license whether the license holder meets the insurance requirements of this section.


Md. Code, Bus. Reg. § 9A-403

§9A–403.     (a)    Each individual whom the State, a county, or a local government appoints or employs as a heating, ventilation, air-conditioning, and refrigeration inspector shall:         (1)    each year attend a continuing education course that the Board or, with the approval of the Board, a county or local government conducts; and         (2)    meet minimum standards that are:             (i)    established by the Board; and             (ii)    administered:                 1.    for a county or local government inspector, by the county or local government that appoints or employs the inspectors; and                 2.    for a State inspector by the State.     (b)    An individual may not have any financial interest in any business that provides heating, ventilation, air-conditioning, or refrigeration services while employed by the State, a county, or any local government as a heating, ventilation, air-conditioning, and refrigeration inspector.     (c)    (1)    On appointment or employment, the individual shall place any license that the inspector holds on inactive status subject to § 9A-309 of this title.         (2)    The Board may issue a heating, ventilation, air-conditioning, and refrigeration inspector identification card to an inspector who has placed the appropriate licensee on inactive status.         (3)    On termination of the appointment or employment of an individual as a heating, ventilation, air-conditioning, and refrigeration inspector, the Board shall reactivate the license of the individual who is on inactive status, without examination, if the individual:             (i)    makes a written request to the Board; and             (ii)    pays to the Board a reactivation fee established by the Board.


Md. Code, Bus. Reg. § 9A-404

§9A–404.     Each advertisement for heating, ventilation, air-conditioning, or refrigeration services that is in the name of a person who provides heating, ventilation, air-conditioning, or refrigeration services shall contain the license number and name of a master, master restricted, or limited license holder whom the person employs and designates to direct and control the provision of heating, ventilation, air-conditioning, or refrigeration services through the business of the person.


Md. Code, Bus. Reg. § 9A-501

§9A–501.     (a)    Except as otherwise provided in this title, an individual may not provide, attempt to provide, or offer to provide heating, ventilation, air-conditioning, or refrigeration services unless issued a master license by the Board.     (b)    Except as otherwise provided in this title, an individual may not assist, attempt to assist, or offer to assist in providing heating, ventilation, air-conditioning, or refrigeration services unless issued a master restricted license by the Board.     (c)    Except as otherwise provided in this title, an individual may not exclusively maintain or repair heating systems, cooling systems, refrigeration systems, ventilation systems, or hydronic systems in the State unless issued a limited license by the Board.


Md. Code, Bus. Reg. § 9A-502

§9A–502.     (a)    Except as otherwise provided in this title, a holder of a master, master restricted, or limited heating, ventilation, air–conditioning, and refrigeration license, or other person who engages in the business of providing heating, ventilation, air–conditioning, or refrigeration services, may not employ an individual to provide or assist in providing heating, ventilation, air–conditioning, or refrigeration services unless the individual is licensed by the Board.     (b)    A person may not employ an individual to provide or assist in providing heating, ventilation, air–conditioning, or refrigeration services under a public work contract subject to Title 17, Subtitle 2 of the State Finance and Procurement Article unless the individual is licensed by the Board.     (c)    A person may not classify an employee under a public work contract subject to Title 17, Subtitle 2 of the State Finance and Procurement Article who is licensed under this title at a specific work classification that is higher than the employee’s license type.


Md. Code, Bus. Reg. § 9A-503

§9A–503.     Except as otherwise provided in this title, regardless of whether a person is engaged in the business of providing heating, ventilation, air-conditioning, or refrigeration services, the person may not knowingly employ an individual to provide or assist in providing heating, ventilation, air-conditioning, or refrigeration services in the State unless the individual is licensed by the Board.


Md. Code, Bus. Reg. § 9A-504

§9A–504.     Unless licensed to provide heating, ventilation, air-conditioning, or refrigeration services under this title, a person may not represent to the public by use of the titles “heating, ventilation, air-conditioning, and refrigeration license holder”, “registered heating, ventilation, air-conditioning, and refrigeration contractor”, by other title, or by description of services, methods, or procedures, or otherwise, that the person is licensed to provide or to assist in providing heating, ventilation, air-conditioning, or refrigeration services.


Md. Code, Bus. Reg. § 9A-505

§9A–505.     (a)    (1)    In this section, “officer” includes a superintendent, manager, or agent of a corporation regardless of whether the corporation provides heating, ventilation, air–conditioning, or refrigeration services.         (2)    Any person, including an officer, who violates § 9A–501, § 9A–502, § 9A–503, or § 9A–504 of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both and, on a second or subsequent conviction, subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.         (3)    Any person, including an officer, who violates § 9A–501.1 of this subtitle is subject to:             (i)    for a first violation, a civil penalty not exceeding $1,000; and             (ii)    for a second or subsequent violation, a civil penalty not exceeding $5,000.     (b)    Any person who violates any provision of § 9A–402 of this title is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.     (c)    (1)    Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.         (2)    In setting the amount of the penalty, the Board shall consider:             (i)    the seriousness of the violation;             (ii)    the harm caused by the violation;             (iii)    the good faith of the violator;             (iv)    any history of previous violations by the violator; and             (v)    any other relevant factors.         (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.


Md. Code, Bus. Reg. § 9A-506

§9A–506.     (a)    Any subdivision of the State which required a local license to provide heating, ventilation, air-conditioning, or refrigeration services on or before January 1, 1990 may continue to require a local license for services performed within that subdivision.     (b)    (1)    A subdivision of the State which requires a local license to provide heating, ventilation, air-conditioning, or refrigeration services may not discriminate against applicants who are not residents of the subdivision.         (2)    A subdivision of the State which requires a local license to provide heating, ventilation, air-conditioning, or refrigeration services shall issue a local license to any individual licensed by the Board on receipt from the individual of any application and fee required by the subdivision of the State.         (3)    A subdivision of the State may not require an applicant for a local license to provide heating, ventilation, air-conditioning, or refrigeration services to take an examination if the applicant is licensed by the Board.     (c)    In the event that any subdivision which requires a local license discontinues that requirement after the effective date of this Act, that subdivision may not thereafter adopt a license requirement.     (d)    A State license is required to provide heating, ventilation, air-conditioning, or refrigeration services anywhere within the State, whether or not the individual holds a local license.


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Article - Business Regulation PreviousNext

§8–101. (a) In this title the following words have the meanings indicated. (b) “Commission” means the Maryland Home Improvement Commission. (c) “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner. (d) “Contractor license” means a license issued by the Commission to act as a contractor. (e) “Fund” means the Home Improvement Guaranty Fund. (f) “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title. (g) (1) “Home improvement” means: (i) the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or (ii) an improvement to land adjacent to the building. (2) “Home improvement” includes: (i) construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; (ii) a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property; (iii) connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; (iv) installation, in the building or structure, of an awning, fire alarm, or storm window; and (v) work done on individual condominium units. (3) “Home improvement” does not include: (i) construction of a new home; (ii) work done to comply with a guarantee of completion for a new building project; (iii) connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines; (iv) sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials; (v) work done on apartment buildings that contain four or more single–family units; or (vi) work done on the commonly owned areas of condominiums. (h) “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement. (i) (1) “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission. (2) “License” includes: (i) a contractor license; and (ii) a salesperson license. (j) “Licensed contractor” means a person who is licensed by the Commission to act as a contractor. (k) “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement. (l) “Salesperson” means a person who sells a home improvement. (m) “Salesperson license” means a license issued by the Commission to sell a home improvement. (n) “Sell a home improvement” means: (1) to negotiate or offer to negotiate a home improvement contract with an owner; or (2) to seek to get a home improvement contract from an owner. (o) “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with: (1) a contractor to perform all or part of a home improvement contract; or (2) another subcontractor to perform all or part of a subcontract to a home improvement contract.PreviousNext

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Article - Commercial Law PreviousNext

§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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§19–101. (a) In this title, unless the context requires otherwise, the following words have the meanings indicated. (b) “Contract” means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which: (1) The dealer is granted the right to sell or distribute goods or services; or (2) The dealer is granted the right to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol. (c) “Current model” means a model listed in a wholesaler’s, manufacturer’s, or distributor’s current sales manual or a supplement to the current sales manual. (d) “Current net price” means the price listed in the supplier’s price list or catalog in effect at the time the contract agreement is terminated, less any applicable discount allowed. (e) (1) “Dealer” means a person engaged in the business of selling at retail construction, farm, utility, or industrial equipment, implements, machinery, attachments, outdoor power equipment, outdoor power sports equipment, or repair parts. (2) “Dealer” includes a person engaged in the business of selling, on commission or at retail, commercial heating, ventilation, and air–conditioning equipment or repair parts. (f) “Family member” means a spouse, sibling, parent, grandparent, child, grandchild, mother–in–law, father–in–law, daughter–in–law, son–in–law, stepparent, or stepchild, or a lineal descendant of the dealer or principal owner of the dealership. (g) “Good cause” means failure by a dealer to comply with requirements imposed on the dealer by a contract if the requirements are not different from requirements imposed on other dealers similarly situated in the State. (h) (1) “Inventory” means farm implements or machinery, construction, utility, and industrial equipment, consumer products, outdoor power equipment, outdoor power sports equipment, attachments, or repair parts. (2) “Inventory” includes commercial heating, ventilation, and air–conditioning equipment or repair parts. (i) “Net cost” means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier’s location to the dealer’s location, plus the reasonable cost of assembly or disassembly performed by the dealer. (j) “Outdoor power sports equipment” means the following vehicles and any attachments or repair parts for the following vehicles: (1) A motor–assisted or motor–driven vehicle that: (i) Is designed to carry only the operator of the vehicle on a seat or saddle designed to be straddled by the operator or is designed to carry only the operator of the vehicle and one passenger; and (ii) Is commonly known as an all–terrain vehicle; (2) A motorcycle that: (i) Is designed for off–highway operation and is not eligible for registration as a Class D (motorcycle) vehicle under the Transportation Article; and (ii) Is commonly known as a dirt bike; or (3) A snowmobile. (k) “Superseded part” means a part that will provide the same function as a currently available part as of the date of cancellation of a contract. (l) “Supplier” means: (1) A wholesaler, manufacturer, or distributor who enters into a contract with a dealer; or (2) A purchaser of assets or stock of a surviving corporation resulting from a merger or liquidation, a receiver or assignee, or a trustee of the original manufacturer, wholesaler, or distributor who enters into a contract with a dealer. (m) “Termination” means the termination, cancellation, nonrenewal, or noncontinuation of a contract. (n) “Utility” and “industrial”, when used to refer to equipment, implements, machinery, attachments, or repair parts, have the meanings commonly used and understood among dealers and suppliers of farm equipment as a usage of trade.PreviousNext

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§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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Article - Environment PreviousNext

§15–101. (a) In this title the following words have the meanings indicated. (b) “Bureau” means Bureau of Mines. (c) “Department” means the Department of the Environment. (d) “Director” or “Director of the Bureau” means Director of the Bureau of Mines. (e) “Drift” means a horizontal passageway, level, or gangway, driven from the surface outcrop into the coal bed. (f) “Entry” means a passageway in a coal bed which is approximately level and is used for haulage, traveling way, or ventilation. In a dipping bed, entries on the strike are known as “levels” or “gangways” and to the dip are known as “slopes”. (g) “Excavations and workings” includes any excavated portion of a mine, whether abandoned or being worked. The term also includes any underground workings, shafts, tunnels, and other ways and openings including those being sunk or driven, together with roads, appliances, machinery, and material connected with them below the surface. (h) “Face” means the advancing breast of a mine working place, either of an entry or room. (i) “Gassy mine” means a mine or portion of a mine in which methane is found by an approved or permissible flame safety lamp, detector, or device, or by air analysis in an amount of 0.25 percent or more. Once a mine is determined to be a gassy mine, it is always so considered. In this title, the words “gassy” and “gaseous” are synonymous. (j) “Mine” includes a shaft, slope, drift, or inclined plane connected with an excavation penetrating coal stratum, which excavation is ventilated by one general air current, and any appliance and equipment for hoisting and extracting coal. It includes any part of the mining property and plant on the surface or underground, which contributes directly or indirectly to the mining or handling of coal and is connected by one general system of mine railroads, over which coal may be delivered to one or more points outside the mine. The word also includes a portion of a mine or opening whether or not the mine or opening employs a system of railroads, when the sense so requires. (k) “Operator” means any person, partnership, or corporation who removes or intends to remove more than 250 tons of coal from the earth by surface coal mining or deep coal mining within 12 consecutive calendar months in any one location. (l) “Panel” means a unit area in a system of mining by which the mine is divided into large rectangles or panels isolated or surrounded by solid pillars of coal into which pairs of entries are driven for the development of rooms and the extraction of pillars. (m) “Secretary” means Secretary of the Environment. (n) “Shaft” means an opening, the axis of which is approximately vertical, extending downwards from the surface. It includes an underground shaft driven between two levels. (o) “Slope” means an inclined opening in a dipping coal or fireclay bed, and an inclined tunnel to a coal or fireclay bed. (p) “Superintendent” means the person who, on behalf of the operator, has immediate supervision of a mine. (q) “Working place” means a room, breast, entry crosscut, or pillar where coal is being mined or extracted and where at least one miner per working shift of the mine regularly is employed until the place is finished or stopped.PreviousNext

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Article - Health Occupations PreviousNext

§14–101. IN EFFECT (a) In this title the following words have the meanings indicated. (a–1) “Advisory committee” means a committee appointed by the Board that includes members of a profession regulated under this title or Title 15 of this article and formed to: (1) Further the Board’s regulation of applicants and licensees of the regulated profession; (2) Assist the Board in protecting the health, safety, and welfare of the public; and (3) Make recommendations about the regulated profession to the Board on request. (a–2) “Allied health professional” means an individual licensed by the Board under Subtitle 5A, 5B, 5C, 5D, 5E, 5F, or 5G of this title or Title 15 of this article. (a–3) “Alternative health system” has the meaning stated in § 1–401 of this article. (a–4) “Applicant” means, unless the context requires otherwise, an individual applying for initial licensure, renewal, or reinstatement as a physician or an allied health professional in the State. (b) “Board” means the State Board of Physicians. (c) “Board certified” means the physician is certified by a public or private board, including a multidisciplinary board, and the certifying board: (1) Is: (i) A member of the American Board of Medical Specialties; (ii) An American Osteopathic Association certifying board; (iii) The Royal College of Physicians and Surgeons of Canada; or (iv) The College of Family Physicians of Canada; or (2) Requires that, in order to be certified, the physician: (i) Complete a postgraduate training program that: 1. Provides complete training in the specialty or subspecialty; and 2. Is accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and (ii) Be certified by: 1. The member board of the American Board of Medical Specialties; 2. The American Osteopathic Association in the training field; 3. The Royal College of Physicians and Surgeons of Canada; or 4. The College of Family Physicians of Canada. (d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 2A of the Courts Article. (d–1) “Compact physician” means a physician licensed under the Interstate Medical Licensure Compact established under § 14–3A–01 of this title. (e) (1) “Cosmetic surgical procedure” means the use of surgical services to reshape the structure of a human body in order to change the appearance of an individual. (2) Except as provided in paragraph (3) of this subsection, “cosmetic surgical procedure” does not include: (i) A procedure done under local anesthesia or mild sedation; or (ii) Liposuction that removes less than 1,000 cubic centimeters of aspirate. (3) “Cosmetic surgical procedure” includes any procedure under paragraph (2) of this subsection that, under the circumstances established by the Secretary in regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a cosmetic surgical procedure. (e–1) “Disciplinary panel” means a disciplinary panel of the Board established under § 14–401 of this title. (e–2) “Employer” means a person that enters an arrangement for professional services, whether paid or unpaid or contractual or otherwise, with an individual licensed under this title or Title 15 of this article. (f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. (g) “License” means, unless the context requires otherwise, a license issued by the Board to practice medicine or an allied health profession regulated by the Board. (h) “Licensed physician” means, unless the context requires otherwise, a physician, including a doctor of osteopathy, who is licensed by the Board to practice medicine. (i) “Licensee” means an individual to whom the Board issues a license, including an individual practicing medicine within or as a professional corporation or professional association. (j) “MedChi” means the Maryland State Medical Society. (k) “Mild sedation” means a drug–induced state during which: (1) A patient is able to respond to verbal commands; (2) A patient’s ventilatory and cardiovascular functions are not affected; and (3) A patient’s cognitive function and coordination may be impaired. (l) “Perform acupuncture” means to stimulate a certain point or points on or near the surface of the human body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of ailments or conditions of the body. (m) “Physician” means an individual who practices medicine. (n) “Physician assistant” means an individual licensed under Title 15 of this article to practice as a physician assistant. (o) (1) “Practice medicine” means to engage, with or without compensation, in medical: (i) Diagnosis; (ii) Healing; (iii) Treatment; or (iv) Surgery. (2) “Practice medicine” includes doing, undertaking, professing to do, and attempting any of the following: (i) Diagnosing, healing, treating, preventing, prescribing for, or removing any physical, mental, or emotional ailment or supposed ailment of an individual: 1. By physical, mental, emotional, or other process that is exercised or invoked by the practitioner, the patient, or both; or 2. By appliance, test, drug, operation, or treatment; (ii) Ending of a human pregnancy; and (iii) Performing acupuncture as provided under § 14–504 of this title. (3) “Practice medicine” does not include: (i) Selling any nonprescription drug or medicine; (ii) Practicing as an optician; or (iii) Performing a massage or other manipulation by hand, but by no other means. (p) “Registered cardiovascular invasive specialist” means an individual who is credentialed by Cardiovascular Credentialing International or another credentialing body approved by the Board to assist in cardiac catheterization procedures in a hospital under the direct, in–person supervision of a licensed physician. (q) “Rehabilitation Program” means the program of the Board or the nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that evaluates and provides assistance to impaired physicians and allied health professionals who are directed by the Board to receive treatment and rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental conditions. (r) “Related institution” has the meaning stated in § 19–301 of the Health – General Article.§14–101. // EFFECTIVE JUNE 30, 2030 PER CHAPTER 313 OF 2022 // (a) In this title the following words have the meanings indicated. (a–1) “Advisory committee” means a committee appointed by the Board that includes members of a profession regulated under this title or Title 15 of this article and formed to: (1) Further the Board’s regulation of applicants and licensees of the regulated profession; (2) Assist the Board in protecting the health, safety, and welfare of the public; and (3) Make recommendations about the regulated profession to the Board on request. (a–2) “Allied health professional” means an individual licensed by the Board under Subtitle 5A, 5B, 5C, 5D, 5E, 5F, or 5G of this title or Title 15 of this article. (a–3) “Alternative health system” has the meaning stated in § 1–401 of this article. (a–4) “Applicant” means, unless the context requires otherwise, an individual applying for initial licensure, renewal, or reinstatement as a physician or an allied health professional in the State. (b) “Board” means the State Board of Physicians. (c) “Board certified” means the physician is certified by a public or private board, including a multidisciplinary board, and the certifying board: (1) Is: (i) A member of the American Board of Medical Specialties; (ii) An American Osteopathic Association certifying board; (iii) The Royal College of Physicians and Surgeons of Canada; or (iv) The College of Family Physicians of Canada; or (2) Requires that, in order to be certified, the physician: (i) Complete a postgraduate training program that: 1. Provides complete training in the specialty or subspecialty; and 2. Is accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and (ii) Be certified by: 1. The member board of the American Board of Medical Specialties; 2. The American Osteopathic Association in the training field; 3. The Royal College of Physicians and Surgeons of Canada; or 4. The College of Family Physicians of Canada. (d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 2A of the Courts Article. (e) (1) “Cosmetic surgical procedure” means the use of surgical services to reshape the structure of a human body in order to change the appearance of an individual. (2) Except as provided in paragraph (3) of this subsection, “cosmetic surgical procedure” does not include: (i) A procedure done under local anesthesia or mild sedation; or (ii) Liposuction that removes less than 1,000 cubic centimeters of aspirate. (3) “Cosmetic surgical procedure” includes any procedure under paragraph (2) of this subsection that, under the circumstances established by the Secretary in regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a cosmetic surgical procedure. (e–1) “Disciplinary panel” means a disciplinary panel of the Board established under § 14–401 of this title. (e–2) “Employer” means a person that enters an arrangement for professional services, whether paid or unpaid or contractual or otherwise, with an individual licensed under this title or Title 15 of this article. (f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. (g) “License” means, unless the context requires otherwise, a license issued by the Board to practice medicine or an allied health profession regulated by the Board. (h) “Licensed physician” means, unless the context requires otherwise, a physician, including a doctor of osteopathy, who is licensed by the Board to practice medicine. (i) “Licensee” means an individual to whom the Board issues a license, including an individual practicing medicine within or as a professional corporation or professional association. (j) “MedChi” means the Maryland State Medical Society. (k) “Mild sedation” means a drug–induced state during which: (1) A patient is able to respond to verbal commands; (2) A patient’s ventilatory and cardiovascular functions are not affected; and (3) A patient’s cognitive function and coordination may be impaired. (l) “Perform acupuncture” means to stimulate a certain point or points on or near the surface of the human body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of ailments or conditions of the body. (m) “Physician” means an individual who practices medicine. (n) “Physician assistant” means an individual licensed under Title 15 of this article to practice as a physician assistant. (o) (1) “Practice medicine” means to engage, with or without compensation, in medical: (i) Diagnosis; (ii) Healing; (iii) Treatment; or (iv) Surgery. (2) “Practice medicine” includes doing, undertaking, professing to do, and attempting any of the following: (i) Diagnosing, healing, treating, preventing, prescribing for, or removing any physical, mental, or emotional ailment or supposed ailment of an individual: 1. By physical, mental, emotional, or other process that is exercised or invoked by the practitioner, the patient, or both; or 2. By appliance, test, drug, operation, or treatment; (ii) Ending of a human pregnancy; and (iii) Performing acupuncture as provided under § 14–504 of this title. (3) “Practice medicine” does not include: (i) Selling any nonprescription drug or medicine; (ii) Practicing as an optician; or (iii) Performing a massage or other manipulation by hand, but by no other means. (p) “Registered cardiovascular invasive specialist” means an individual who is credentialed by Cardiovascular Credentialing International or another credentialing body approved by the Board to assist in cardiac catheterization procedures in a hospital under the direct, in–person supervision of a licensed physician. (q) “Rehabilitation Program” means the program of the Board or the nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that evaluates and provides assistance to impaired physicians and allied health professionals who are directed by the Board to receive treatment and rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental conditions. (r) “Related institution” has the meaning stated in § 19–301 of the Health – General Article.PreviousNext

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Article - Health Occupations PreviousNext

§6–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the State Board of Massage Therapy Examiners. (c) “Health care setting” means: (1) The office of a health care provider regulated under this article; or (2) A health care facility as defined in § 19–114 of the Health – General Article. (d) “License” means, unless the context requires otherwise, a license issued by the Board to practice massage therapy. (e) “Licensed massage therapist” means an individual who is licensed by the Board to practice massage therapy. (f) (1) “Practice massage therapy” means the professional use of manual techniques on soft tissues of the human body for compensation including stroking, kneading, tapping, stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well–being. (2) “Practice massage therapy” includes: (i) Hands–on application, consisting of pressure or movement on an individual, to specifically affect the electromagnetic energy or energetic field of the human body if this practice includes use of the manual techniques set forth in paragraph (1) of this subsection; and (ii) Subject to additional education and training requirements as determined by the Board in regulations, instrument–assisted soft tissue manipulation techniques that enhance or imitate manual techniques, including: 1. Muscle scraping; and 2. Vibration therapy. (3) “Practice massage therapy” does not include: (i) The diagnosis of illness, disease, or injury; (ii) The adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the human body or spine; or (iii) Except as provided in paragraph (2) of this subsection, the laying on of hands, consisting of pressure or movement on an individual who is fully clothed, except for footwear, to specifically affect the electromagnetic energy or energetic field of the human body. (4) The provisions of paragraph (3) of this subsection do not preclude the application of the modalities described in paragraph (1) of this subsection to an individual who has an injury. (g) “Registered massage practitioner” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting. (h) “Registration” means, unless the context requires otherwise, a registration issued by the Board to practice massage therapy in a setting that is not a health care setting. (i) “Supervised hands–on techniques” means massage techniques that are performed under the direct, in–person supervision of a qualified licensed instructor who is on–site in: (1) A classroom; (2) A laboratory; (3) A school clinic; or (4) A health care setting.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

§6–101. (a) In this title the following words have the meanings indicated. (b) “Administration” means the Maryland Port Administration. (c) “Commission” means the Maryland Port Commission. (d) “Executive Director” means the Executive Director of the Maryland Port Administration. (e) “Port facility” includes any one or more or combination of: (1) Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the operation of a port; (2) Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals; (3) Every kind of transportation facility useful or designed for use in connection with any of these; and (4) An international trade center constituting a facility of commerce and consisting of one or more buildings, structures, improvements, and areas that the Department considers necessary, convenient, or desirable for the centralized accommodation of functions, activities, and services for or incidental to the transportation of persons by water, the exchange, buying, selling, and transportation of commodities and other property in international and national waterborne trade and commerce, the promotion and protection of this trade and commerce, and governmental services related to them and other federal, state, and municipal agencies and services, including foreign trade zones, offices, marketing and exhibition facilities, terminal and transportation facilities, customhouses, custom stores, inspection and appraisal facilities, parking areas, commodity and security exchanges, and, in the case of buildings, structures, improvements, and areas in which such accommodation is afforded, all the buildings, structures, improvements, and areas, although other parts of the buildings, structures, improvements, and areas might not be devoted to purposes of the international trade center other than the production of incidental revenue available for the expenses and financial obligations of the Department in connection with the international trade center and although other parts of the buildings, structures, improvements, and areas might be rented or leased for the use or occupancy of departments, bureaus, units, or agencies of the United States, this State, or any political subdivision of this State. (f) “Project” means any port facility acquired, constructed, controlled, or operated by the Administration, including all property acquired for the construction or operation of the port facility.PreviousNext

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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)