Business Occupations and Professions (GBO) — Title 6.5. Stationary Engineers

a closed vessel in which water is heated, steam is generated, steam is superheated, or a combination of these functions is accomplished, under pressure or vacuum for use externally to the vessel by the direct application of heat from the combustion of fuels or from electricity or nuclear energy; or

a fired unit for heating or vaporizing liquids other than water if the unit is separate from a processing system and is complete within itself.

a steam boiler that operates at pressures not exceeding 15 psig; or

a hot water boiler that operates at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.

“License” means, unless the context requires otherwise, a license issued by the Board to perform the functions of a stationary engineer.

“License” includes, unless the context requires otherwise:

“Provide stationary engineer services” means to oversee the operation of a power plant, plant of machinery, or boiler, each generating pressure of more than 15 psi and operating at 30 or more horsepower.

“Provide stationary engineer services” does not include overseeing the operation of a heating boiler.

The Board consists of eight members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate.

Of the eight members of the Board:

a citizen of the United States; and

a resident of the State.

At least two of the engineer members of the Board shall hold a Grade 1 stationary engineer license.

Each engineer member of the Board shall:

shall be a member of the general public;

may not be a licensee or otherwise be subject to regulation by the Board; and

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

The term of a member is 3 years and begins on July 1.

The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2005.

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.

Each member of the Board is eligible for reappointment but may not serve more than two consecutive terms.

The Governor may remove a member for incompetence, misconduct, neglect of duties, or other sufficient cause.

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 chair shall provide notice to the Governor and the Governor shall appoint a successor.

The Board shall meet at least twice a year at a location and in an office provided by the State.

The Board may hold special meetings as provided in its regulations.

The Board shall meet with and consult the Board of Boiler Rules as necessary but at least one time each year.

may not receive compensation; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

adopt regulations to carry out the provisions of this title;

administer examinations;

issue licenses;

maintain a list of all licensees; and

maintain a record of its proceedings.

to each applicant for a license, a copy of the Maryland Stationary Engineers Act and the Board’s regulations; and

on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Stationary Engineers Act and the Board’s regulations that took effect during the 2-year period ending on the date of renewal.

If the Board concludes that any conduct alleged to be in violation of this title will result in harm to a citizen of the State, the Board may seek a permanent or temporary injunction with respect to the conduct from the circuit court of any county in which the alleged violation occurs.

In seeking an injunction under this subsection, the Board is not required to:

A member of the Board may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds.

The Board or its designee may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:

If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.

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 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.

In this subsection, “resource recovery facility” means a facility that processes solid waste to produce valuable resources, including steam, electricity, metals, or refuse–derived fuel.

An individual who provides stationary engineer services at a resource recovery facility that generates steam or electricity is not required to be licensed by the Board to provide stationary engineer services if the individual is certified to operate a resource recovery facility under regulations adopted by the Secretary of the Environment.

is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

if not equipped with a 24–hour computerized monitoring system and automatic controls, is visited by a Grade 5 licensee at least once every 24 hours that the boiler is in operation; and

if equipped with a 24–hour computerized monitoring system and automatic controls, is visited by a Grade 5 licensee at least once per week that the boiler is in operation, if the licensee:

is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

if not equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 4 licensee as follows:

if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 4 licensee as follows:

can operate at 100 to 299 horsepower;

is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 3 licensee in attendance at all times that the boiler is in operation; and

if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 3 licensee as follows:

can operate at 300 to 499 horsepower;

is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 2 licensee in attendance at all times that the boiler is in operation; and

if equipped with a 24–hour computerized monitoring system and automatic controls, is attended by a Grade 2 licensee as follows:

can operate at 500 or more horsepower;

is inspected in accordance with the boiler laws and regulations by a special inspector or a deputy boiler inspector;

if not equipped with a 24–hour computerized monitoring system and automatic controls, has a Grade 1 licensee in attendance at all times that the boiler is in operation; and

if equipped with a 24–hour computerized monitoring system and automatic controls and is attended by a Grade 1 licensee as follows:

An applicant for the Grade 1 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

An applicant for a Grade 2 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

An applicant for a Grade 3 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

An applicant for a Grade 4 stationary engineer’s examination qualifies under this section if the applicant possesses at least one of the following qualifications:

An applicant for a Grade 5 stationary engineer’s examination qualifies under this section if the applicant possesses a high school diploma or graduate equivalence diploma.

the size of the operation or plant at which the applicant acquired the work experience;

the type of machinery the applicant used in acquiring the work experience; and

a formal course of study; or

professional training.

submit to the Board:

pay to the Board or the Board’s designee:

set the time and place of the examination;

give qualified applicants notice of the time and place of the examination;

charge an examination fee not to exceed the cost of administering the examination; and

furnish any information that the Board may require the testing service to provide.

a Grade 1 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(e) of this subtitle for 5 or more consecutive years immediately prior to the date of application;

a Grade 2 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(d) of this subtitle for 3 or more consecutive years immediately prior to the date of application;

a Grade 3 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(c) of this subtitle for 2 or more consecutive years immediately prior to the date of application; or

a Grade 4 stationary engineer license if the individual lawfully provided stationary engineering services in the State in accordance with § 6.5–302(b) of this subtitle for 6 or more consecutive months immediately prior to the date of application.

an examination application on the form that the Board provides;

an application fee set by the Board;

proof of eligibility for the applicable application; and

an application for the applicable license in accordance with the provisions of this title.

pays to the Board the nonrefundable application fee required under § 6.5–304 of this subtitle; and

provides adequate evidence that the applicant:

In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.

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:

An applicant who fails an examination or fails to appear for a scheduled examination shall file a new application and pay a new application fee.

An examination fee is nonrefundable.

the applicant has qualified for a license; and

the Board will issue a license to the applicant on receipt of the appropriate license fee required under § 6.5-207 of this title.

the full name of the licensee;

the license grade level; and

the registration number assigned by the Board to the licensee.

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

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.

The failure of a licensee to receive the notice as provided for in this subsection does not prevent the license from expiring as specified under subsection (a) of this section.

otherwise is entitled to be licensed;

pays to the Board the appropriate license renewal fee required under § 6.5-207 of this title; and

submits to the Board a renewal application on the form that the Board provides.

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

The Board shall include on each renewal certificate that the Board issues the date on which the current license expires.

applies to the Board for reinstatement within 2 years after the license expires;

meets the renewal requirements of § 6.5–312 of this subtitle and pays to the Board all past due renewal fees; and

except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board, in addition to all past due renewal fees.

If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may:

The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:

Subject to the hearing provisions of § 6.5-315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the license;

with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide services as a stationary engineer;

the length of time since the conviction; and

the behavior and activities of the applicant or licensee before and after the conviction.

a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both; and

on a second or subsequent conviction, a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

In setting the amount of the penalty, the Board shall consider:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.