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Maryland Plumbing Licensing Law

Maryland Code · 46 sections

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


Md. Code, Bus. Occ. & Prof. GBO 12-101

§12–101.

(a)    In this title the following words have the meanings indicated.

(b)    “Apprentice natural gas fitter” means, unless the context requires otherwise, an individual who is licensed by the Board to assist a master natural gas fitter in providing natural gas services while:

    (1)    under the direction and control of the master natural gas fitter; and

    (2)    in training to become a journeyman natural gas fitter.

(c)    “Apprentice plumber” means, unless the context requires otherwise, an individual who is licensed by the Board to assist a master plumber or a holder of a limited master plumber license in providing plumbing services while:

    (1)    under the direction and control of the master plumber or holder of the limited master plumber license; and

    (2)    in training to become a journey plumber.

(d)    “Board” means the State Board of Plumbing.

(e)    “Certified propane gas fitter” means an individual who has been certified by the Board to provide propane gas services.

(f)    “Gas” means natural gas, propane gas, or any other gas used for any purpose, including residential, medical, commercial, or industrial purposes.

(g)    “Journey plumber” means, unless the context requires otherwise, an individual who is licensed by the Board to provide plumbing services while under the direction and control of a master plumber or holder of a limited master plumber license.

(h)    “Journeyman natural gas fitter” means, unless the context requires otherwise, an individual who is licensed by the Board to provide natural gas services while under the direction and control of a master natural gas fitter.

(h–1)    “Lead–free” means:

    (1)    containing not more than 0.2% lead for solder and flux;

    (2)    except as provided in item (3) of this subsection, containing not more than:

        (i)    4% lead by dry weight for individual plumbing fittings and fixtures; or

        (ii)    8% lead by dry weight for individual pipes and pipe fittings;

    (3)    containing a percentage of lead for plumbing fittings and fixtures that is in compliance with standards established under 42 U.S.C.A. § 300g–6(e) of the federal Safe Drinking Water Act; and

    (4)    containing not more than a weighted average lead content of 0.25% for the wetted surfaces of a pipe, pipe fitting, plumbing fitting, or fixture intended to dispense water for human consumption through drinking or cooking.

(i)    (1)    “License” means, unless the context requires otherwise, a license issued by the Board to:

        (i)    provide plumbing services;

        (ii)    assist in providing plumbing services;

        (iii)    provide propane gas services; or

        (iv)    provide natural gas services.

    (2)    “License” includes, unless the context requires otherwise, each of the following licenses:

        (i)    a master plumber license;

        (ii)    a journey plumber license;

        (iii)    an apprentice plumber license;

        (iv)    a limited license;

        (v)    a propane gas fitter certificate;

        (vi)    a master natural gas fitters license;

        (vii)    a journeyman natural gas fitters license; and

        (viii)    an apprentice natural gas fitters license.

(j)    (1)    “Limited license” means a license issued by the Board as limited by § 12–310 of this title to:

        (i)    provide plumbing services as a master plumber; or

        (ii)    provide plumbing services as a journey plumber.

    (2)    “Limited license” includes:

        (i)    a limited master plumber license; and

        (ii)    a limited journey plumber license.

(k)    “Master natural gas fitter” means, unless the context requires otherwise, an individual who is licensed by the Board to provide natural gas services.

(l)    (1)    “Master plumber” means, unless the context requires otherwise, an individual who is licensed by the Board to provide plumbing services and natural gas services.

    (2)    “Master plumber” includes a master plumber gas fitter.

(m)    (1)    “Provide natural gas services” means the installation, maintenance, extension, alteration, and removal of piping, gas–fired equipment, appliances, or appurtenances in connection with a natural gas supply system downstream of the gas utility point of delivery.

    (2)    “Provide natural gas services” does not include the installation, maintenance, extension, alteration, or removal of any of the following with respect to the plumbing water supply and drainage system:

        (i)    fixtures that require additional energy sources, including clothes washers, dishwashers, food grinders, humidifiers, ice pumps, sterilizers, water coolers, and water heaters; and

        (ii)    operational devices, including aerators, backflow preventers, expansion tanks, filters, flow controls, heat exchangers, interceptors, meters, separators, and relief valves.

(n)    (1)    “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a plumbing appliance, a plumbing appurtenance, or other plumbing apparatus:

        (i)    within or adjacent to a building, structure, or property; and

        (ii)    in connection with:

            1.    a public or private disposal system, sanitary drainage facility, or storm drainage facility;

            2.    a venting system; or

            3.    a public or private water supply system.

    (2)    “Provide plumbing services” includes installing, repairing, servicing, and replacing gas piping, gas utilization equipment, and associated accessories.

    (3)    Except for the first connection to a potable water supply that is downstream of a backflow preventer and the final connection that discharges indirectly into a public or private disposal system, sanitary drainage facility, or storm drainage facility, “providing plumbing services” does not include using piping, equipment, or material only for:

        (i)    environmental control;

        (ii)    the incorporation of a liquid or gas into a product or into a process, including product development, in the manufacture or storage of a product;

        (iii)    the installation, alteration, repair, or removal of an automatic sprinkler system, related apparatus, or standpipe that is used only for fire protection; or

        (iv)    an overhead or underground fire line beginning from where water is used only for fire protection.

(o)    “Provide propane gas services” means to install, repair, service, and replace propane gas piping, propane gas utilization equipment, and associated accessories.

(p)    “State Plumbing Code” means the regulations adopted by the Secretary, as amended by the Board, to provide standards that:

    (1)    are based on principles of environmental sanitation and safety; and

    (2)    provide for properly designed, acceptably installed, and adequately maintained plumbing systems.

(q)    “Weighted average lead content” means a calculation determined by:

    (1)    identifying each component of a pipe, pipe fitting, plumbing fitting, or fixture that water flows through and comes into contact with during normal operation;

    (2)    identifying the percentage of lead content of each component of the pipe, pipe fitting, plumbing fitting, or fixture;

    (3)    determining the wetted surface area of each component of the pipe, pipe fitting, plumbing fitting, or fixture;

    (4)    determining the percent of total wetted surface area of the pipe, pipe fitting, plumbing fitting, or fixture, represented in each component;

    (5)    calculating the contributing percent lead for each component that comes into contact with water by multiplying the percentage of lead content of the component by the percent of total wetted surface area represented by the component; and

    (6)    calculating the sum of each contributing percent lead value determined for each component under item (5) of this subsection.

Md. Code, Bus. Occ. & Prof. GBO 12-202

§12–202.

(a)    (1)    The Board consists of 9 members.

    (2)    Of the 9 members of the Board:

        (i)    7 shall be plumbers; and

        (ii)    2 shall be consumer members.

    (3)    Of the 7 plumber members of the Board:

        (i)    at least 6 shall be master plumbers; and

        (ii)    1 may be a journey plumber or a master plumber.

    (4)    Subject to paragraph (6) of this subsection, of the 7 plumber members of the Board:

        (i)    2 shall be from Baltimore City;

        (ii)    1 shall be from the area that consists of Anne Arundel, Calvert, Charles, Prince George’s, and St. Mary’s counties;

        (iii)    1 shall be from the area that consists of Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;

        (iv)    1 shall be from the area that consists of Allegany, Frederick, Garrett, Montgomery, and Washington counties;

        (v)    1 shall be from the area that consists of Carroll and Howard counties; and

        (vi)    1 shall be from the area that consists of Cecil and Harford counties.

    (5)    A consumer member may not reside in the same county as a plumber member.

    (6)    A member may not reside in a county or area of a county that is exempted from this title.

    (7)    The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.

(b)    Each consumer member of the Board:

    (1)    shall be a member of the general public;

    (2)    may not be a licensee or otherwise be subject to regulation by the Board;

    (3)    may not be required to meet the qualifications for the professional members of the Board; and

    (4)    may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(c)    While a member of the Board, a consumer member may not:

    (1)    have a financial interest in or receive compensation from a person regulated by the Board; or

    (2)    grade an examination given by or for the Board.

(d)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(e)    (1)    The term of a member is 3 years and begins on May 1.

    (2)    The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

    (3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.

    (4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(f)    (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. Occ. & Prof. GBO 12-205

§12–205.

(a)    The Board may adopt regulations to amend the State Plumbing Code.

(b)    (1)    The Board may adopt, as part of the State Plumbing Code, regulations to carry out the purposes of and to enforce §§ 12–605 and 12–606 of this title.

    (2)    The Board may adopt standards of the American National Standards Institute or any other nationally recognized organization.

    (3)    The Board shall adopt, as part of the State Plumbing Code, regulations to carry out the purposes of and to enforce §§ 12–605.1 and 12–605.2 of this title.

(c)    (1)    At least once a year, the Board shall review:

        (i)    new and existing standards of the American National Standards Institute and any other organization listed in the State Plumbing Code or the Model Performance Building Code for water conserving appliances, devices, fittings, and fixtures; and

        (ii)    the availability and cost of water conserving appliances, devices, fittings, and fixtures that conform to the standards.

    (2)    If the Board finds that a water conserving appliance, device, fitting, or fixture that conforms to the standards of the American National Standards Institute or any other organization listed in the State Plumbing Code or the Model Performance Building Code is readily available at reasonable cost, the Board shall amend the State Plumbing Code to:

        (i)    incorporate the standards for and require use of the water conserving appliance, device, fitting, or fixture; and

        (ii)    require the use of a water supply system and a drainage and venting system that are designed based on the hydraulic requirements of the required water conserving appliances, devices, fittings, and fixtures.

    (3)    Notwithstanding the availability and cost of the appliance, device, fitting, or fixture, the Board may allow, under the State Plumbing Code, the installation of a water conserving appliance, device, fitting, or fixture that meets the standards of the American National Standards Institute or any other organization listed in the State Plumbing Code or the Model Performance Building Code, subject to the use of a water supply system and a venting and drainage system design based on the hydraulic requirements of the appliance, device, fitting, or fixture.

(d)    The Board shall:

    (1)    periodically publish an updated version of the State Plumbing Code; and

    (2)    make available on request of any person a copy of the State Plumbing Code for a reasonable fee.

Md. Code, Bus. Occ. & Prof. GBO 12-206

§12–206.

(a)    A county shall:

    (1)    enforce the State Plumbing Code; or

    (2)    adopt and enforce a local plumbing code that meets or exceeds the minimum standards of the State Plumbing Code for the proper design, acceptable installation, and adequate maintenance of plumbing systems.

(b)    (1)    In this subsection:

        (i)    “greywater” means used, untreated water generated by:

            1.    a clothes washing machine;

            2.    a shower; or

            3.    a bathtub; and

        (ii)    “greywater” does not include water from:

            1.    a toilet;

            2.    a kitchen sink; or

            3.    a dishwashing machine.

    (2)    A county may not adopt or enforce a provision of a local plumbing code that prohibits a system that recycles greywater, as authorized under the State Plumbing Code.

(c)    Unless the Board determines that a county is adequately enforcing the State Plumbing Code or a local plumbing code that meets or exceeds the minimum standards of the State Plumbing Code, the Board shall enforce the State Plumbing Code in that county.

(d)    The Board may make a cooperative agreement with a county for the county to enforce:

    (1)    the State Plumbing Code; or

    (2)    if the county has adopted a local plumbing code, that code.

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 12-303

§12–303.

An applicant for a license shall:

    (1)    submit to the Board an application on the form that the Board provides; and

    (2)    except as otherwise provided in this subtitle, pay to the Board or the Board’s designee an examination fee set by the Board for:

        (i)    a master plumber license, a journey plumber license, or a master natural gas fitters license, in an amount not to exceed the cost of the required examination;

        (ii)    an apprentice plumber license or apprentice natural gas fitters license;

        (iii)    a propane gas fitter certificate;

        (iv)    a journeyman natural gas fitters license; or

        (v)    a master natural gas fitters license without examination.

Md. Code, Bus. Occ. & Prof. GBO 12-304

§12–304.

(a)    Except as otherwise provided in § 12-304.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b)    (1)    Subject to paragraph (2) of this subsection, the Board shall give examinations to qualified applicants at the times and places that the Board determines.

    (2)    The Board shall give an examination at least once a year in Baltimore City.

(c)    The Board shall give each qualified applicant notice of the time and place of examination.

(d)    (1)    The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.

    (2)    The Board shall provide examination questions that test the competency and qualifications of the applicant.

    (3)    When testing an applicant for a master plumber license or a master natural gas fitters license, the examination given by the Board shall include at a minimum the following areas:

        (i)    gas fitting regulations;

        (ii)    safety regulations;

        (iii)    pipe sizing;

        (iv)    common principles of mathematics and physics relating to gas fitting;

        (v)    interpretation of plans and drawings showing the arrangement and connection of natural gas pipes, fixtures, or equipment;

        (vi)    design and construction of natural gas systems for buildings; and

        (vii)    venting gas appliances.

(e)    (1)    If an applicant fails an examination given by the Board, the Board shall give the applicant notice of the right of the applicant to have the papers of the applicant regraded.

    (2)    On written request to the Board, an applicant who failed an examination may:

        (i)    review the examination questions and the answers given by the applicant; and

        (ii)    have the examination regraded.

(f)    If an applicant fails to appear for a scheduled examination, the Board may require the applicant to pay another examination fee under § 12-303 of this subtitle before rescheduling an examination for the applicant.

Md. Code, Bus. Occ. & Prof. GBO 12-305

§12–305.

(a)    Subject to the limitations in this section, the Board may waive any of the qualifications for a journey plumber license or a master plumber license for an individual who holds a journey plumber license or a master plumber license issued by Baltimore County or by the Washington Suburban Sanitary Commission.

(b)    The Board may grant a waiver under this section only if the applicant:

    (1)    pays the appropriate license fee required under § 12-306 of this subtitle;

    (2)    holds a license that is similar to the license for which the applicant is seeking a waiver;

    (3)    if contracting to provide plumbing services in the name of the applicant or another person, submits proof of the liability insurance as required under § 12-501 of this title; and

    (4)    provides adequate evidence that the applicant:

        (i)    meets the qualifications otherwise required by this subtitle; and

        (ii)    at the time that the applicant became licensed in Baltimore County or by the Washington Suburban Sanitary Commission, the applicant:

            1.    passed an examination that was given by Baltimore County or the Washington Suburban Sanitary Commission and was substantially equivalent to the examination that then was required by the Board; and

            2.    met qualifications for licensing that were set by Baltimore County or the Washington Suburban Sanitary Commission and were substantially equivalent to the qualifications that then were required by the Board.

(c)    (1)    Subject to paragraph (2) of this subsection, the Board may grant a waiver of the qualification and examination requirements of § 12-302 of this subtitle only if Baltimore County or the Washington Suburban Sanitary Commission waives the qualifications and examination required for individuals licensed by the Board to a similar extent as the Board waives those requirements for individuals licensed by Baltimore County or the Washington Suburban Sanitary Commission.

    (2)    An agreement may be made with Baltimore County that, if an individual who is licensed by the Board as a journey plumber or a master plumber resides in Baltimore County, the individual may be required to pass a licensing examination for a journey plumber or master plumber given by Baltimore County.

Md. Code, Bus. Occ. & Prof. GBO 12-305.1

§12–305.1.

(a)    Subject to the provisions of this section, the Board may waive the examination requirements for a master plumber license or a journey plumber license for an individual who is licensed to provide plumbing services in another state on the affirmative vote of at least a majority of the authorized membership of the Board.

(b)    The Board may grant a waiver under this section only if an applicant:

    (1)    pays the appropriate fee required under § 12–306 of this subtitle; and

    (2)    provides adequate evidence that the applicant:

        (i)    meets the qualifications otherwise required by this title;

        (ii)    holds an active license in good standing in the other state;

        (iii)    holds a license that is equivalent to the State license; and

        (iv)    became licensed in the other state after meeting requirements that are at least equivalent to the licensing requirements of this State.

(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 fee required under § 12–306 of this subtitle;

        (ii)    holds an active Virginia or New Jersey master plumber’s license or an active Virginia journey plumber’s license in good standing that is equivalent to the State license;

        (iii)    has experience in the provision of plumbing services that meets the time requirements of § 12–302 of this subtitle; and

        (iv)    has relocated to the State as a family member of a BRAC employee.

Md. Code, Bus. Occ. & Prof. GBO 12-306

§12–306.

(a)    If an applicant qualifies for a journey plumber license, a master plumber license, a limited license, a master natural gas fitters license, a journeyman natural gas fitters license, an apprentice natural gas fitters license, or a propane gas fitter certificate under this subtitle, the Board shall send the applicant a notice that states that:

    (1)    the applicant has qualified for a license; and

    (2)    the Board will issue a license to the applicant on receipt of:

        (i)    if contracting in the name of the applicant or another person to provide plumbing services, proof of the liability insurance as required under § 12–501 of this title; and

        (ii)    a license fee set by the Board.

(b)    On payment of the appropriate license fee and, if applicable, receipt of the proof of the insurance required under § 12–501 of this title, the Board shall issue a license to each applicant who meets the requirements of this subtitle.

(c)    (1)    Any master plumber, journey plumber, or apprentice holding a valid license is eligible to participate in a Board–approved cross connection/backflow prevention certification program to be certified as an approved cross connection/backflow prevention technician.

    (2)    Only a master plumber or journey plumber possessing certification shall be authorized to certify the installation and testing of mechanical cross connection control devices.

    (3)    For the purpose of certification of the installation and testing of mechanical cross connection control devices, a local jurisdiction may adopt regulations or enact laws that have qualifications comparable to or more stringent than paragraph (2) of this subsection.

Md. Code, Bus. Occ. & Prof. GBO 12-307

§12–307.

(a)    While a master plumber license is in effect, it authorizes the licensee to provide plumbing services.

(b)    While a journey plumber license is in effect, it authorizes the licensee to provide plumbing services only under the direction and control of a master plumber or a holder of a limited master plumber license.

(c)    While an apprentice plumber license is in effect, it authorizes the licensee to assist in providing plumbing services only under the direction and control of a master plumber or a holder of a limited master plumber license.

(d)    While a propane gas fitter certificate is in effect, it authorizes the certificate holder to provide propane gas services and to directly supervise others in the provision of those services in every political subdivision of the State.

(e)    While a master natural gas fitters license is in effect, it authorizes the licensee to provide natural gas services.

(f)    While a journeyman natural gas fitters license is in effect, it authorizes the licensee to provide natural gas services only under the direction and control of a licensed master natural gas fitter.

(g)    While an apprentice natural gas fitters license is in effect, it authorizes the licensee to provide natural gas service only under the direction and control of a licensed master natural gas fitter.

Md. Code, Bus. Occ. & Prof. GBO 12-308

§12–308.

(a)    Subject to § 12–308.1 of this subtitle, unless a license is renewed for a 2–year term as provided in this section, the license expires on the first May 1 that comes:

    (1)    after the effective date of the license; and

    (2)    in an odd–numbered year.

(b)    (1)    At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

        (i)    a renewal application form; and

        (ii)    a notice that states:

            1.    the date on which the current license expires; and

            2.    the amount of the renewal fee.

    (2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c)    Before a license expires, the licensee may renew it for an additional 2–year term, if the licensee:

    (1)    otherwise is entitled to be licensed;

    (2)    pays to the Board a renewal fee set by the Board; and

    (3)    submits to the Board:

        (i)    if contracting in the name of the licensee or another person to provide plumbing services, proof of the liability insurance required under § 12–501 of this title; and

        (ii)    a renewal application on the form that the Board provides.

(d)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

(e)    The Secretary may determine that licenses and certificates issued under this subtitle shall expire on a staggered basis.

Md. Code, Bus. Occ. & Prof. GBO 12-308.1

§12–308.1.

(a)    Except as provided in subsection (b) of this section, for an apprentice plumber or apprentice natural gas fitter issued an initial license on or after October 1, 2012, the Board may not renew the license for more than three consecutive terms if the licensee has not taken or registered to take a journey plumber examination or journeyman gas fitters examination.

(b)    Notwithstanding subsection (a) of this section, if an apprentice plumber or apprentice natural gas fitter fails a journey plumber examination or journeyman gas fitters examination, the Board shall renew the apprentice plumber license or apprentice natural gas fitters license for an additional 2–year term for each failed examination.

Md. Code, Bus. Occ. & Prof. GBO 12-309

§12–309.

(a)    The Board shall reinstate the license of an individual who has failed to renew the license for any reason if the individual:

    (1)    applies to the Board for reinstatement within 4 years after the license expires; and

    (2)    meets the renewal requirements for the appropriate license under § 12-308 of this subtitle.

(b)    The Board may not reinstate a journey plumber license, a master plumber license, a limited license, a propane gas fitter certificate, a master natural gas fitters license, a journeyman natural gas fitters license, or an apprentice natural gas fitters license of an individual who for any reason fails to apply for reinstatement within 4 years after the license expired unless the individual:

    (1)    meets the renewal requirements for the appropriate license under § 12-308 of this subtitle; and

    (2)    passes the appropriate examination for obtaining a license under this subtitle.

Md. Code, Bus. Occ. & Prof. GBO 12-310

§12–310.

(a)    Subject to the limitations in this section, the Board may issue a limited license to provide plumbing services as a master plumber or a journey plumber to any applicant who:

    (1)    meets the qualifications that the Board establishes for:

        (i)    a limited master plumber license; or

        (ii)    a limited journey plumber license;

    (2)    passes an examination given by the Board for:

        (i)    a limited master plumber license; or

        (ii)    a limited journey plumber license;

    (3)    submits to the Board an application on the form that the Board requires;

    (4)    pays the appropriate application fee under § 12-303 of this subtitle for:

        (i)    a master plumber license; or

        (ii)    a journey plumber license; and

    (5)    if contracting in the name of the applicant or another person to provide plumbing services, submits to the Board proof of the liability insurance as required under § 12-501 of this title.

(b)    (1)    While a limited master plumber license is in effect, it authorizes the licensee to provide plumbing services only in a specified geographical area of the State.

    (2)    While a limited journey plumber license is in effect, it authorizes the licensee to provide plumbing services under the direction and control of a master plumber only in a specified geographical area of the State.

(c)    A limited license expires on the first May 1 that comes:

    (1)    after the effective date of the limited license; and

    (2)    in an odd-numbered year.

(d)    After June 30, 1991, the Board may not issue a limited license to provide plumbing services to any individual.

(e)    Notwithstanding subsection (d) of this section, an individual who is issued a limited license to provide plumbing services on or before June 30, 1991, may continue to renew the limited license for a 2-year term as provided under § 12-308 of this subtitle if the individual meets the appropriate renewal requirements for:

    (1)    a master plumber license; or

    (2)    a journey plumber license.

Md. Code, Bus. Occ. & Prof. GBO 12-311

§12–311.

(a)    (1)    Each master plumber shall display:

        (i)    the master plumber license and the license number conspicuously in the principal place of business of the master plumber; and

        (ii)    the license number of the master plumber license on each vehicle used on the job for providing plumbing services.

    (2)    Each holder of a limited master plumber license shall display:

        (i)    the limited master plumber license and the license number conspicuously in the principal place of business of the holder of the limited master plumber license; and

        (ii)    the license number of the limited master plumber license on each vehicle used on the job for providing plumbing services.

    (3)    Each holder of a propane gas fitter certificate shall display:

        (i)    the propane gas fitter certificate and the certificate number conspicuously in the principal place of business of the certificate holder; and

        (ii)    the certificate number of the propane gas fitter certification on each vehicle used on the job in providing propane gas services.

    (4)    Each holder of a master natural gas fitters license shall display:

        (i)    the master natural gas fitters license and the license number conspicuously in the principal place of business of the license holder; and

        (ii)    the license number of the master natural gas fitters license on each vehicle used on the job for providing natural gas 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 plumbing, natural gas fitting, or propane gas fitting services.

    (2)    This subsection does not apply to Baltimore County or the areas in the State under the jurisdiction of the Washington Suburban Sanitary Commission.

(c)    Each licensee shall give the Board and any appropriate licensing authority 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. Occ. & Prof. GBO 12-312

§12–312.

(a)    (1)    Subject to the hearing provisions of § 12-313 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

        (i)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

        (ii)    fraudulently or deceptively uses a license;

        (iii)    is guilty of gross negligence, incompetence, or misconduct while providing plumbing services or assisting in providing plumbing services;

        (iv)    is guilty of violating the State Plumbing Code or applicable local plumbing code while providing plumbing services or assisting in providing plumbing services;

        (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 plumbing services;

        (vi)    is guilty of an unfair or deceptive trade practice, as defined in § 13-301 of the Commercial Law Article;

        (vii)    fails to train and control adequately any person who, while under the direction and control of the master plumber or holder of a limited master plumber license, sells or gives estimates for providing plumbing services or provides or assists in providing plumbing services;

        (viii)    fails to maintain the liability insurance required under § 12-501 of this title for a master plumber, holder of a limited master plumber license who contracts to provide plumbing services on behalf of the master plumber, holder of a limited master plumber license, or another, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license;

        (ix)    is guilty of violating § 12-605 of this title;

        (x)    as the holder of a limited license, propane gas fitter certificate, master natural gas fitters license, journey plumber license, journeyman natural gas fitters license, apprentice plumber license, or apprentice natural gas fitters license, performs plumbing, propane gas fitting, or natural gas fitting services outside the scope of that license;

        (xi)    knowingly allows or permits another licensee to perform plumbing, propane gas fitting, or natural gas fitting services outside the scope of that individual’s license;

        (xii)    violates any other provision of this title; or

        (xiii)    violates any regulation adopted under this title.

    (2)    (i)    Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a 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 plumbing 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. Occ. & Prof. GBO 12-401

§12–401.

(a)    A person may engage in the business of providing plumbing services if:

    (1)    the person is a master plumber or holder of a limited master plumber license; or

    (2)    the person:

        (i)    designates a master plumber or holder of a limited master plumber license who actively directs, controls, and is responsible for all plumbing services; and

        (ii)    otherwise provides the plumbing services in accordance with this title.

(b)    A person may engage in the business of providing propane gas services if:

    (1)    the person is the holder of a propane gas fitter certificate; or

    (2)    the person:

        (i)    designates a holder of a propane gas fitter certificate who actively directs, controls, and is responsible for all propane gas services; and

        (ii)    otherwise provides the propane gas services in accordance with this title.

(c)    A person may engage in the business of providing natural gas services if:

    (1)    the person is the holder of a master natural gas fitters license; or

    (2)    the person:

        (i)    designates a holder of a master natural gas fitters license who actively directs, controls, and is responsible for all natural gas services; and

        (ii)    otherwise provides natural gas services in accordance with this title.

Md. Code, Bus. Occ. & Prof. GBO 12-402

§12–402.

(a)    A master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services under this subtitle may employ an individual who is not a master plumber or holder of a limited master plumber license to provide or assist in providing plumbing services if the individual:

    (1)    is licensed:

        (i)    as an apprentice plumber, to assist in providing plumbing services; or

        (ii)    as a journey plumber or holder of a limited journey plumber license, to provide plumbing services; and

    (2)    provides or assists in providing the services only within the scope of the license.

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

Md. Code, Bus. Occ. & Prof. GBO 12-403

§12–403.

(a)    (1)    Before a master plumber or holder of a limited master plumber license may provide plumbing services through a person who engages in the business of providing plumbing services under this subtitle, a holder of a propane gas fitter certificate may provide propane gas services through a person who engages in the business of providing propane gas services under this subtitle, or a master plumber or a holder of a master natural gas fitters license may provide natural gas services through a person who engages in the business of providing natural gas services under this subtitle, the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license shall submit to the Board a notice stating the intent of the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license to do so.

    (2)    The notice shall include:

        (i)    the name of the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license submitting the notice;

        (ii)    a statement that the named individual has been designated as the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license of the person;

        (iii)    the address of the principal place of business of the person;

        (iv)    any trade or fictitious name that the person intends to use while conducting the business of the person;

        (v)    the name of the person who carries insurance as required under § 12-501 of this title; and

        (vi)    any other information that the Board requires by regulation.

(b)    The Board may set by regulation procedures for keeping current information about any person through whom plumbing services are provided.

Md. Code, Bus. Occ. & Prof. GBO 12-501

§12–501.

(a)    A master plumber or holder of a limited master plumber license may not contract to provide plumbing services on behalf of the master plumber, holder of a limited master plumber license, or another person who engages in the business of providing plumbing services unless the plumbing work of the master plumber or holder of a limited master plumber license is covered by liability insurance, including completed operations:

    (1)    for bodily injury in the amount of at least $300,000; and

    (2)    for property damage in the amount of at least $100,000.

(b)    (1)    The insurance required under this section may be bought:

        (i)    by a master plumber or holder of a limited master plumber license; or

        (ii)    for a master plumber or holder of a limited master plumber license, by the person who engages in the business of providing plumbing services and employs the master plumber or holder of a limited master plumber license.

    (2)    The insurance requirement of this section is not met for work that a master plumber or holder of a limited master plumber license does outside the scope of employment for the person who carries the insurance.

(c)    An apprentice plumber, journey plumber, or holder of a limited journey plumber license need not obtain separate insurance while providing or assisting in providing plumbing services within the scope of the license.

(d)    (1)    An applicant for a master plumber license or limited master plumber license shall submit proof of the insurance required under this section to the Board with the license application.

    (2)    The Board may not issue a master plumber license or limited master plumber license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(e)    Unless an applicant meets the insurance requirements of this section, the Board may not renew the master plumber license or limited master plumber license of the applicant to whom the insurance requirements of this section would apply.

(f)    A master plumber or holder of a limited master plumber 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 plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services to execute a surety bond under local plumbing requirements, the person may satisfy the bond requirement by submitting proof of the insurance required under this section.

(h)    The Board shall specify on the master plumber license or limited master plumber license whether the master plumber or holder of the limited master plumber license meets the insurance requirements of this section.

Md. Code, Bus. Occ. & Prof. GBO 12-502

§12–502.

(a)    Regardless of whether plumbing services are provided for compensation, a person who provides or assists in providing plumbing services shall comply with the State Plumbing Code or any applicable local plumbing code.

(b)    To ensure that plumbing services provided in a State building meet or exceed the standards of the State Plumbing Code, the plumbing work shall be inspected:

    (1)    to the extent money is provided in the State budget, by a State plumbing inspector; or

    (2)    if not inspected by a State plumbing inspector, by an inspector of the county or local government where the plumbing services are provided.

Md. Code, Bus. Occ. & Prof. GBO 12-503

§12–503.

(a)    Each individual whom the State, a county, or a local government appoints or employs as a plumbing inspector shall:

    (1)    each year attend a continuing education course that the Board or, with the approval of the Board, a county or local government conducts; and

    (2)    meet minimum standards that:

        (i)    adequately ensure that the plumbing inspector is qualified to inspect in accordance with the State Plumbing Code;

        (ii)    are established:

            1.    by the county or local government in consultation with the Board; or

            2.    if there is no standard established by the county or local government, by the Board; and

        (iii)    are administered:

            1.    for a county or local government inspector, by the county or local government that appoints or employs the inspector; and

            2.    for a State inspector, by the State.

(b)    (1)    Except as provided in paragraph (2) of this subsection, a county or local government may employ an individual as a plumbing inspector only if the individual holds a master plumber license issued by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.

    (2)    Paragraph (1) of this subsection does not apply to a county or local government that uses combination building code inspectors to conduct concurrent trade–specific inspections on residential or commercial buildings to determine compliance with adopted plumbing codes and building codes if the combination building code inspector, as part of the inspector’s training, has passed:

        (i)    a master plumber examination given by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission; or

        (ii)    the plumbing inspector’s test administered by the Board.

(c)    An individual may not have any financial interest in any plumbing business while employed by the State, a county, or any local government as a plumbing inspector.

(d)    (1)    On appointment or employment, the individual shall place the master plumber license, journey plumber license, or limited license on inactive status.

    (2)    The Board may issue a plumbing inspector identification card to a plumbing inspector who has placed the appropriate license on inactive status.

    (3)    On termination of the appointment or employment of an individual as a plumbing inspector, the Board shall reactivate the master plumber license, journey plumber license, or limited license of an individual who is on inactive status, without examination, if the individual:

        (i)    makes a written request to the Board; and

        (ii)    pays to the Board a reactivation fee set by the Board.

(e)    The Board may impose a reasonable fee to cover the costs of conducting the continuing education courses under subsection (a) of this section.

Md. Code, Bus. Occ. & Prof. GBO 12-504

§12–504.

Each plumbing advertisement in the name of a person who engages in the business of providing plumbing services shall contain the license number and name of a master plumber or holder of a limited master plumber license whom the person employs and designates to direct and control the provision of plumbing services through the business of the person.

Md. Code, Bus. Occ. & Prof. GBO 12-601

§12–601.

(a)    Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide plumbing services unless licensed by the Board to provide plumbing services.

(b)    Except as otherwise provided in this title, a person may not assist, attempt to assist, or offer to assist in providing plumbing services in the State unless licensed by the Board to provide or assist in providing plumbing services.

(c)    Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide propane gas services unless licensed by the Board to provide plumbing services or certified by the Board to provide propane gas services.

(d)    Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide natural gas services unless licensed by the Board to provide plumbing services or natural gas services.

Md. Code, Bus. Occ. & Prof. GBO 12-602

§12–602.

(a)    Except as otherwise provided in this title, a master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services may not employ an individual to provide or assist in providing plumbing services unless the individual:

    (1)    is licensed by the Board as a master plumber or holder of a limited master plumber license; or

    (2)    (i)    is licensed by the Board as a journey plumber, holder of a limited journey plumber license, or apprentice plumber; and

        (ii)    provides or assists in providing the plumbing services within the scope of the license.

(b)    A person may not employ an individual to provide or assist in providing plumbing 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, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.

(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. Occ. & Prof. GBO 12-603

§12–603.

Except as otherwise provided in this title, regardless of whether a person is engaged in the business of providing plumbing services, the person may not knowingly employ an individual to provide or assist in providing plumbing services in the State unless the individual is licensed by the Board.

Md. Code, Bus. Occ. & Prof. GBO 12-604

§12–604.

Unless authorized under this title to provide plumbing services, a person may not represent to the public, by use of a title, including “master plumber”, “registered plumber”, “licensed master plumber”, “holder of limited master plumber license”, “licensed journey plumber”, “journey plumber”, “holder of a limited journey plumber license”, “holder of a propane gas fitter certificate”, “holder of a master natural gas fitters license”, “holder of a journeyman natural gas fitters license”, or “holder of an apprentice natural gas fitters license”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide plumbing services in the State.

Md. Code, Bus. Occ. & Prof. GBO 12-605

§12–605.

(a)    (1)    A person may not install a plumbing fixture or other device that does not meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code.

    (2)    A person may not sell or install a fixture or other device that does not limit water consumption in accordance with the standards adopted by the Board.

(b)    Subject to subsection (c) of this section, each local plumbing inspector shall enforce the prohibition against the installation of a plumbing fixture that is not water-conserving under the State Plumbing Code or any applicable local plumbing code to ensure that the capacity for waste water treatment of municipal sewage treatment facilities and private on-site wastewater disposal systems is not exceeded.

(c)    Enforcement of this section may be suspended for a specified period if a local plumbing inspector determines that:

    (1)    there is an inadequate supply of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code;

    (2)    the configuration of a drainage system for a building requires a greater quantity of water to flush the system adequately than is delivered by fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code; or

    (3)    historic restoration would be affected adversely.

Md. Code, Bus. Occ. & Prof. GBO 12-605.1

§12–605.1.

(a)    In the installation or repair of plumbing intended to dispense water for human consumption, a person shall use only pipes, pipe fittings, plumbing fittings, or fixtures that are lead–free.

(b)    In the installation or repair of plumbing intended to dispense water for human consumption, a person shall use only solder or flux that is lead–free.

(c)    Only the individual pipes, pipe fittings, plumbing fittings, or fixtures that are installed or repaired may be considered when calculating the weighted average lead content.

Md. Code, Bus. Occ. & Prof. GBO 12-605.2

§12–605.2.

(a)    A person engaged in the business of selling plumbing supplies in the State may not sell pipes, pipe fittings, plumbing fittings, or fixtures that will be used in the installation or repair of any plumbing that dispenses water for human consumption, unless the pipes, pipe fittings, plumbing fittings, or fixtures are lead–free.

(b)    A person engaged in the business of selling plumbing supplies in the State may not sell solder or flux that is not lead–free unless the solder or flux bears a label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing that dispenses water for human consumption.

Md. Code, Bus. Occ. & Prof. GBO 12-606

§12–606.

(a)    Except as provided in subsection (b) of this section, a person who builds or remodels a building or structure shall ensure installation, in the building or structure, of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code.

(b)    Enforcement of this section may be suspended for a specified period if a local plumbing inspector determines that:

    (1)    there is an inadequate supply of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code;

    (2)    the configuration of a drainage system for a building requires a greater quantity of water to flush the system adequately than is delivered by fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code; or

    (3)    historic restoration would be affected adversely.

Md. Code, Bus. Occ. & Prof. GBO 12-607

§12–607.

(a)    (1)    In this subsection, “officer” includes a superintendent, manager, and agent of a corporation regardless of whether it engages in the business of providing plumbing services.

    (2)    A person, including an officer, who violates any provision of the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each day or part of each day that the violation continues:

        (i)    § 12-602;

        (ii)    § 12-603; and

        (iii)    § 12-604.

(b)    (1)    A person who violates any provision of the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 6 months or both for each day or part of each day that the violation continues:

        (i)    § 12–601;

        (ii)    except as provided in paragraph (2) of this subsection, § 12–605; and

        (iii)    § 12–606.

    (2)    This subsection does not apply to a violation of any prohibition on the sale or installation of a fixture or other device that is not water–conserving.

(c)    Any person who knowingly and willfully violates any provision of § 12-501(a) 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.

(d)    (1)    In addition to any other penalties under this title, the Board may impose on a person who violates any provision of this subtitle a penalty not exceeding $5,000 for each violation.

    (2)    In setting the amount of the penalty, the Board shall consider:

        (i)    the gravity of the violation;

        (ii)    the good faith of the violator;

        (iii)    the quantity and gravity of previous violations by the same violator;

        (iv)    the harm caused to the complainant, the public, and the plumbing profession;

        (v)    the assets of the violator; and

        (vi)    any other factors that the Board considers relevant.

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. § 3-103

§3–103.     (a)    Except as otherwise provided in this section, all architectural documents prepared in connection with the addition, alteration, construction, or design of a building, an integral part of a building, or a group of buildings which are intended for public use or residential use shall be signed, sealed, and dated by a licensed architect in accordance with § 3-501 of this title.     (b)    A licensed architect may perform design coordination for a project or portion of a project provided that the licensed architect:         (1)    holds a current license issued by the Board; and         (2)    has adequate experience in, and understanding of, achieving the purpose of the project or portion of the project being coordinated.     (c)    This title does not limit the right of:         (1)    a construction contractor to administer construction contracts;         (2)    a developer, builder, or contractor to provide design services related to the developer’s, builder’s, or contractor’s own construction of new or existing single-family or two-family dwellings, or structures ancillary to them, or farm buildings;         (3)    a certified interior designer or other individual to provide interior design services as that term is defined in Title 8 of this article; or         (4)    an individual to prepare plans, drawings, and other documents in connection with the addition, alteration, construction, design, or repair of a single-family dwelling and appurtenances that are for the personal use of that individual or a member of the immediate family of that individual.     (d)    (1)    A person may not be required to employ a licensed architect in connection with the alteration or repair of an existing building or structure in a municipal corporation if the alteration or repair:             (i)    does not adversely affect the structural system of the building, including foundations, footings, walls, floors, roofs, bearing partitions, beams, columns, joists, or the mechanical, electrical, or plumbing systems; and             (ii)    1.    complies with the Maryland Rehabilitation Code and does not exceed $25,000 in estimated costs, including labor and materials for alterations or repairs limited to:                 A.    minor interior alterations or cosmetic or similar repairs; and                 B.    fixtures, cabinetwork or furniture; or                 2.    does not exceed $10,000 in estimated costs, including labor and materials, for alterations or repairs limited to:                 A.    Storefronts, facades, or similar replacements;                 B.    exterior stairways, landings, decks, or ramps;                 C.    joists; or                 D.    a mechanical, electrical, or plumbing system.         (2)    Any work performed under this subsection shall be in compliance with the Americans with Disabilities Act and the Maryland Building Performance Standards set forth in Title 12, Subtitle 5 of the Public Safety Article.         (3)    The exclusion provided for in this subsection shall be used only once per building or structure in a 12–month period.         (4)    A building permit issued under this subsection:             (i)    shall contain an affidavit signed by the person who has submitted the permit stating that the repair or alteration is in compliance with this subsection; and             (ii)    may not be amended or revised in any way to cause the alteration or repair to exceed the maximum amount in total costs authorized under paragraph (1) of this subsection, including labor and materials.         (5)    Any building permit issued under this subsection that contains technical submissions that fail to conform to the requirements of this subsection shall be invalid.     (e)    Notwithstanding the provisions of subsection (d) of this section, a code official may require that architectural documents for alterations or repairs of existing buildings or structures be signed and sealed by a licensed architect if the code official determines that the signature and seal of a licensed architect is necessary to provide conformity with the Maryland Building Performance Standards or to otherwise provide for the health and safety of the public.


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


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