Title 12. Building and Material Codes; Other Safety Provisions — Subtitle 5. Maryland Building Performance Standards
Statutes in effect as of October 1, 2026.
Md. Code Ann., Pub. Safety § 12-501 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–501LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Building” has the meaning stated in the International Building Code.
(c)
“Department” means the Maryland Department of Labor.
(d)
(1)
“International Building Code” means the first printing of the most recent edition of the International Building Code issued by the International Code Council.
(2)
“International Building Code” does not include interim amendments or subsequent printings of the most recent edition of the International Building Code.
(e)
(1)
“International Energy Conservation Code” means the first printing of the most recent edition of the International Energy Conservation Code issued by the International Code Council.
(2)
“International Energy Conservation Code” does not include interim amendments or subsequent printings of the most recent edition of the International Energy Conservation Code.
(f)
(1)
“International Green Construction Code” means the first printing of the most recent edition of the International Green Construction Code issued by the International Code Council.
(2)
“International Green Construction Code” does not include interim amendments or subsequent printings of the most recent edition of the International Green Construction Code.
(g)
“Local jurisdiction” means the county or municipal corporation that is responsible for implementation and enforcement of the Standards under this subtitle.
(h)
“Standards” means the Maryland Building Performance Standards.
(i)
“Structure” has the meaning stated in the International Building Code.
Md. Code Ann., Pub. Safety § 12-502 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–502LinkCopy Citation
(a)
This subtitle does not alter or abrogate the authority of:
(1)
the State Board of Plumbing to adopt and enforce the State Plumbing Code under the Maryland Plumbing Act, Title 12 of the Business Occupations and Professions Article;
(2)
the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors to adopt and enforce the State Heating, Ventilation, Air–Conditioning, and Refrigeration Code under the Maryland Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors Act, Title 9A of the Business Regulation Article;
(3)
the Commissioner of Labor and Industry to adopt and enforce standards for elevator safety under Subtitle 8 of this title;
(4)
the State Fire Prevention Commission to enforce the Electrical Code under Subtitle 6 of this title; or
(5)
the Public Service Commission to enforce the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article.
(b)
This subtitle does not alter or abrogate any zoning power or related authority that a county or municipal corporation had on October 1, 1993.
(c)
This subtitle does not allow or encourage the State to initiate or assume an independent role in the administration and enforcement of the Standards for a building or structure that is not owned or operated by the State.
Md. Code Ann., Pub. Safety § 12-503 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–503LinkCopy Citation
(a)
(1)
The Department shall adopt by regulation, as the Maryland Building Performance Standards, the International Building Code, including the International Energy Conservation Code, with the modifications incorporated by the Department under subsection (b) of this section.
(2)
The Department shall adopt each subsequent version of the Standards within 18 months after it is issued.
(b)
(1)
Before adopting each version of the Standards, the Department shall:
(i)
review the International Building Code to determine whether modifications should be incorporated in the Standards;
(ii)
consider changes to the International Building Code to enhance energy conservation and efficiency;
(iii)
subject to the provisions of paragraph (2)(ii) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction that can be demonstrated to offer performance that is at least the equivalent to the requirements of:
(1)
the International Energy Conservation Code;
(2)
Chapter 13, “Energy Efficiency”, of the International Building Code; or
(3)
Chapter 11, “Energy Efficiency”, of the International Residential Code;
(iv)
accept written comments;
(v)
consider any comments received; and
(vi)
hold a public hearing on each proposed modification.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph and § 12–510 of this subtitle, the Department may not adopt, as part of the Standards, a modification of a building code requirement that is more stringent than the requirement in the International Building Code.
(ii)
The Department may adopt energy conservation requirements that are more stringent than the requirements in the International Energy Conservation Code, but may not adopt energy conservation requirements that are less stringent than the requirements in the International Energy Conservation Code.
(c)
The Standards apply to each building or structure in the State for which a building permit application is received by a local jurisdiction on or after August 1, 1995.
(d)
In addition to the Standards, the Department shall:
(1)
on or before January 1, 2023, adopt by regulation the 2018 International Green Construction Code; and
(2)
adopt each subsequent version of the Code within 18 months after it is issued.
Md. Code Ann., Pub. Safety § 12-504 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–504LinkCopy Citation
(a)
(1)
A local jurisdiction may adopt local amendments to the Standards if the local amendments do not:
(i)
prohibit the minimum implementation and enforcement activities set forth in § 12–505 of this subtitle;
(ii)
weaken energy conservation and efficiency provisions contained in the Standards;
(iii)
except as provided in paragraph (3) of this subsection, weaken the automatic fire sprinkler systems provisions for townhouses and one– and two–family dwellings contained in the Standards; or
(iv)
weaken wind design and wind–borne debris provisions contained in the Standards.
(2)
(i)
Regardless of whether the International Green Construction Code is adopted by the Department under § 12–503(d) of this subtitle, a local jurisdiction may adopt the International Green Construction Code.
(ii)
A local jurisdiction may make local amendments to the International Green Construction Code.
(3)
Paragraph (1)(iii) of this subsection does not apply to:
(i)
standards governing issuance of a building permit for a property not connected to an electrical utility; or
(ii)
until January 1, 2016, standards governing issuance of a building permit for a new one– or two–family dwelling constructed on:
(1)
a lot subject to a valid unexpired public works utility agreement that was executed before March 1, 2011; or
(2)
a lot served by an existing water service line from a water main to the property line that:
(A)
is less than a nominal 1–inch size;
(B)
is approved and owned by the public or private water system that owns the mains;
(C)
was installed before March 1, 2011; and
(D)
is fully operational from the public or private main to a curb stop or meter pit located at the property line.
(b)
If a local jurisdiction adopts a local amendment to the Standards, the Standards as amended by the local jurisdiction apply in the local jurisdiction.
(c)
If a local amendment conflicts with the Standards, the local amendment prevails in the local jurisdiction.
(d)
A local jurisdiction that adopts a local amendment to the Standards shall ensure that the local amendment is adopted in accordance with applicable local law.
(e)
To keep the database established under this subtitle current, a local jurisdiction that adopts a local amendment to the Standards shall provide a copy of the local amendment to the Department:
(1)
at least 15 days before the effective date of the amendment; or
(2)
within 5 days after the adoption of an emergency local amendment.
Md. Code Ann., Pub. Safety § 12-505 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–505LinkCopy Citation
(a)
(1)
(i)
Each local jurisdiction shall implement and enforce the most current version of the Standards and any local amendments to the Standards.
(ii)
Any modification of the Standards adopted by the State after December 31, 2009, shall be implemented and enforced by a local jurisdiction no later than 12 months after the modifications are adopted by the State.
(2)
At a minimum, the local jurisdiction shall ensure that implementation and enforcement of the Standards includes:
(i)
review and acceptance of appropriate plans;
(ii)
issuance of building permits;
(iii)
inspection of the work authorized by the building permits; and
(iv)
issuance of appropriate use and occupancy certificates.
(3)
Each local jurisdiction shall determine the manner in which the minimum implementation and enforcement activities of this subsection are carried out.
(b)
(1)
Except as otherwise provided in this subsection, the county in which a building or structure is located shall implement and enforce the Standards for that building or structure in accordance with this subtitle.
(2)
(i)
A municipal corporation that did not adopt a building code on or before October 1, 1992, may elect to implement and enforce the Standards in accordance with this subtitle for buildings or structures located in the municipal corporation.
(ii)
If a municipal corporation elects to implement and enforce the Standards under this paragraph, the county in which the municipal corporation is located is not responsible for implementation and enforcement of the Standards in the municipal corporation.
(3)
A county that did not adopt a building code on or before October 1, 1992, shall implement and enforce the Standards in the county unless it elects to negotiate with a municipal corporation in the county to have the municipal corporation implement and enforce the Standards in the county.
(4)
A municipal corporation that adopted a building code on or before October 1, 1992, shall implement and enforce the Standards in the municipal corporation unless it elects to negotiate with the county in which the municipal corporation is located to have the county implement and enforce the Standards in the municipal corporation.
(c)
A local jurisdiction may charge fees necessary to cover the cost of implementation and enforcement of the Standards and any local amendments to the Standards.
Md. Code Ann., Pub. Safety § 12-506 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–506LinkCopy Citation
(a)
The Department shall maintain a central automated database in accordance with this section.
(b)
(1)
At a minimum, the Department shall include in the database:
(i)
the Standards;
(ii)
local amendments to the Standards;
(iii)
the State Fire Prevention Code adopted by the State Fire Prevention Commission under Title 6 of this article;
(iv)
fire prevention codes adopted by local jurisdictions;
(v)
the Electrical Code required under Subtitle 6 of this title;
(vi)
local amendments to the Electrical Code;
(vii)
the Energy Code defined under the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article;
(viii)
local code provisions that are more restrictive than the Energy Code defined under the Energy Conservation Building Standards Act;
(ix)
information compiled by the Department under paragraph (2) of this subsection;
(x)
the Maryland Building Rehabilitation Code;
(xi)
local amendments to the Maryland Building Rehabilitation Code; and
(xii)
proposed federal or State legislation of which the Department is aware and that directly affects the construction industry.
(2)
The Department may compile and include in the database:
(i)
any information provided by a local jurisdiction on the implementation and interpretation of the Standards by the local jurisdiction; and
(ii)
interim amendments to the International Building Code including subsequent printings of the most recent edition.
(c)
The Department shall:
(1)
make information from the database available to a local jurisdiction, State unit, or other interested party;
(2)
provide each local jurisdiction with the necessary hardware or software to enable the local jurisdiction to access the information in the database; and
(3)
coordinate with local building officials, the State Fire Marshal, and local fire officials in compiling information for the database.
(d)
(1)
(i)
Except as provided in subparagraph (ii) of this paragraph, the Department may charge a fee for information provided from the database.
(ii)
The Department may not charge a fee to a State unit or local jurisdiction.
(2)
The Department may not charge a fee to a local jurisdiction for the ongoing maintenance of the database.
(3)
Fees collected in accordance with this subsection unexpended at the end of the fiscal year do not revert to the General Fund, but shall be kept in a special fund available to the Department to carry out this subtitle.
(e)
(1)
A local jurisdiction shall provide to the Department a copy of each amendment to the local jurisdiction’s fire prevention code or Electrical Code within 15 days after the effective date of the amendment.
(2)
A local jurisdiction shall provide to the Department a copy of each amendment to the local jurisdiction’s energy code that is more restrictive than the Energy Code defined under the Energy Conservation Building Standards Act within 15 days after the effective date of the amendment.
Md. Code Ann., Pub. Safety § 12-507 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–507LinkCopy Citation
(a)
The Department may:
(1)
develop a voluntary forum that may be used, on request of a local jurisdiction, to resolve conflicts that involve the Standards; and
(2)
adopt regulations to carry out this subtitle.
(b)
The Department:
(1)
shall notify each local jurisdiction of each change to the International Building Code and the impact the change will have on the local amendments in that local jurisdiction;
(2)
in conjunction with the Maryland Building Officials Association and other interested organizations, shall provide training for local building officials on the Standards and certify the participation of local building officials in the training;
(3)
on request, shall provide a local jurisdiction with technical assistance to implement and enforce the Standards; and
(4)
on request by a local jurisdiction and in consultation with the Office of the Attorney General, shall provide guidance for the implementation and enforcement of the Standards in relation to any religious observance, practice, or belief.
Md. Code Ann., Pub. Safety § 12-508 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–508LinkCopy Citation
(a)
(1)
In this section, “agricultural building” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products.
(2)
“Agricultural building” does not include a place of human residence.
(b)
This section applies only to:
(1)
Allegany County, Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Somerset County, Talbot County, and Washington County; or
(2)
a county where the local legislative body has approved the application of this section to the county.
(c)
The Standards do not apply to the construction, alteration, or modification of an agricultural building for which agritourism is an intended subordinate use.
(d)
Except as provided in subsections (e) and (f) of this section, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if the subordinate use of agritourism:
(1)
is in accordance with limitations set forth in regulations adopted by the Department;
(2)
occupies only levels of the building on which a ground level exit is located; and
(3)
does not require more than 50 people to occupy an individual building at any one time.
(e)
In Allegany County, Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Garrett County, Howard County, Kent County, Prince George’s County, Queen Anne’s County, St. Mary’s County, Washington County, and Worcester County, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if:
(1)
the subordinate use of agritourism does not require more than 200 people to occupy an individual building at any one time; and
(2)
the total width of means of egress meets or exceeds the International Building Code standard that applies to egress components other than stairways in a building without a sprinkler system.
(f)
(1)
In Montgomery County, an existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit as provided in this subsection.
(2)
Except as provided in paragraph (3) of this subsection, if the subordinate use of agritourism does not require more than 50 people to occupy an individual building at any one time, then that use must be:
(i)
in accordance with limitations established by the Department; and
(ii)
limited to levels of the building on which a ground level exit is located.
(3)
If the subordinate use of agritourism requires more than 50 people but fewer than 100 people to occupy an individual building at any one time, then that use must be:
(i)
in accordance with the requirements in paragraph (2) of this subsection; and
(ii)
the total width and number of means of egress must meet or exceed the International Building Code standard that applies to egress components other than stairways in a building without a sprinkler system.
(g)
An agricultural building used for agritourism:
(1)
shall be structurally sound and in good repair; but
(2)
need not comply with:
(i)
requirements for bathrooms, sprinkler systems, and elevators set forth in the Standards; or
(ii)
any other requirements of the Standards or other building codes as set forth in regulations adopted by the Department.
(h)
The Department shall adopt regulations to implement this section.
Md. Code Ann., Pub. Safety § 12-509 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–509LinkCopy Citation
(a)
In this section, “high–performance home” means a new residential structure that meets or exceeds the current version of:
(1)
the Silver rating of the International Code Council’s 700 National Green Building Standards; or
(2)
the Silver rating of the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) for Homes Rating System.
(b)
The Department shall encourage the construction of new residential structures in the State that are high–performance homes.
Md. Code Ann., Pub. Safety § 12-510 (2026)
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12–510LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Hotel” means an establishment that offers sleeping accommodations for compensation. �
(ii)
“Hotel” does not include a bed and breakfast establishment.
(3)
“Master control device” means:
(i)
a control that is activated when a person enters the room through the primary room–access method; or
(ii)
an occupancy sensor control that is activated by a person’s presence in the room.
(b)
This section applies only to the new construction of hotels.
(c)
(1)
Each hotel guest room shall be equipped with a master control device that automatically turns off the power to all of the lighting fixtures in the guest room no more than 30 minutes after the room has been vacated.
(2)
A master control device may also control the heating, ventilation, or air conditioning default settings in hotel guest rooms 30 minutes after a room has been vacated by:
(i)
increasing the set temperature by at least 3 degrees Fahrenheit when in the air conditioning mode; or
(ii)
decreasing the set temperature by at least 3 degrees Fahrenheit when in the heating mode.
(d)
The Department shall adopt the provisions of this section as a part of the Maryland Building Performance Standards.