There is a State Board of Plumbing in the Department.

The Board consists of 9 members. Of the 9 members of the Board: 7 shall be plumbers; and 2 shall be consumer members. Of the 7 plumber members of the Board: at least 6 shall be master plumbers; and 1 may be a journey plumber or a master plumber. Subject to paragraph (6) of this subsection, of the 7 plumber members of the Board: 2 shall be from Baltimore City; 1 shall be from the area that consists of Anne Arundel, Calvert, Charles, Prince George’s, and St. Mary’s counties; 1 shall be from the area that consists of Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; 1 shall be from the area that consists of Allegany, Frederick, Garrett, Montgomery, and Washington counties; 1 shall be from the area that consists of Carroll and Howard counties; and 1 shall be from the area that consists of Cecil and Harford counties. A consumer member may not reside in the same county as a plumber member. A member may not reside in a county or area of a county that is exempted from this title. The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate. Each consumer member of the Board: shall be a member of the general public; may not be a licensee or otherwise be subject to regulation by the Board; may not be required to meet the qualifications for the professional members of the Board; and may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board. While a member of the Board, a consumer member may not: have a financial interest in or receive compensation from a person regulated by the Board; or grade an examination given by or for the Board. Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 3 years and begins on May 1. The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. The Governor may remove a member for incompetence or misconduct. 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. 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. 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.

From among the members of the Board and with the advice of the Secretary, the Governor shall appoint a chairman. Except for the chairman, the manner of election of officers and their terms of office shall be as the Board determines.

A majority of the members then serving on the Board is a quorum. The Board shall determine the times and places of its meetings. Subject to the State budget, each member of the Board is entitled to: an annual salary of $3,600; and reimbursement for reasonable expenses under the Standard State Travel Regulations. The Board may employ a staff in accordance with the State budget.

The Board may adopt regulations to amend the State Plumbing Code. 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. The Board may adopt standards of the American National Standards Institute or any other nationally recognized organization. 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. At least once a year, the Board shall review: 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 the availability and cost of water conserving appliances, devices, fittings, and fixtures that conform to the standards. 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: incorporate the standards for and require use of the water conserving appliance, device, fitting, or fixture; and 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. 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. The Board shall: periodically publish an updated version of the State Plumbing Code; and make available on request of any person a copy of the State Plumbing Code for a reasonable fee.

A county shall: enforce the State Plumbing Code; or 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. In this subsection: “greywater” means used, untreated water generated by: a clothes washing machine; a shower; or a bathtub; and “greywater” does not include water from: a toilet; a kitchen sink; or a dishwashing machine. 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. 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. The Board may make a cooperative agreement with a county for the county to enforce: the State Plumbing Code; or if the county has adopted a local plumbing code, that code.

In addition to any powers set forth elsewhere, the Board may adopt regulations to carry out the provisions of this title. In addition to any duties set forth elsewhere, the Board shall enforce the provisions of this title.

The Board may conduct investigations into and, subject to the State budget, may employ an investigative staff to investigate any complaint that alleges facts that constitute: a ground for disciplinary action under § 12-312 of this title; or a violation of this title. On receipt of the results of an investigation made under this section, the Board promptly shall take the action that is appropriate under this title to ensure compliance with this title. If a complaint is made to the Board from a county, municipal corporation, or unit of the State government, the Board reasonably and promptly shall give the county, municipal corporation, or unit notice of the action taken. If the Board concludes that conduct alleged to be a violation of this title may result in irreparable harm to any person, the Board may sue to enforce any provision of this title by ex parte, interlocutory, or final injunction. In seeking an injunction under this subsection, the Board need not: post bond, if the injunction is sought against a person who does not hold a license issued under this title; or allege or prove that an adequate remedy at law does not exist. The Board shall bring suit under this subsection in the circuit court for the county where: the violation allegedly is occurring; the principal place of business of the alleged violator is located; or the alleged violator resides.

The Board may set by regulation reasonable fees for its services. The fees charged shall be: set so as to produce funds to approximate the cost of maintaining the Board; and based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article. The Board shall publish a schedule of the fees set by the Board. The Board shall pay all fees collected under this title to the Comptroller. The Comptroller shall distribute the fees to the Occupational Mechanical Licensing Boards’ Fund established in § 2–106.9 of the Business Regulation Article.

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.