# COMAR Title 09 — Maryland Department of Labor ## Subtitle 12 — Division of Labor and Industry ### Chapter 01 — Board of Boiler Rules **Authority:** Public Safety Article, Title 12, Annotated Code of MarylandCh. 351, Acts of 2004 **Administrative History:** Effective date: October 15, 1975 (2:23 Md. R. 1414) **Administrative History:** Regulation .02CC amended and .02DD repealed effective June 1, 1982 (9:8 Md. R. 821) **Administrative History:** Regulation .02PP amended effective November 4, 1985 (12:22 Md. R. 2103) **Administrative History:** Regulations .07—.08 adopted effective November 4, 1985 (12:22 Md. R. 2103) **Administrative History:** Regulations .01—.08 repealed and new Regulations .01—.32 adopted effective June 1, 1989 (16:10 Md. R. 1106) **Administrative History:** Regulation .01B amended effective September 1, 1989 (16:16 Md. R. 1749); April 16, 1990 (17:7 Md. R. 848); October 7, 1996 (23:20 Md. R. 1422); June 30, 1997 (24:13 Md. R. 930) **Administrative History:** Regulation .01B amended as an emergency provision effective July 14, 1999 (26:16 Md. R. 1237); amended permanently effective October 4, 1999 (26:20 Md. R. 1545) **Administrative History:** Regulation .01B amended effective July 10, 2000 (27:13 Md. R. 1211) **Administrative History:** Regulation .01-1 amended effective January 31, 1994 (21:2 Md. R. 98); July 18, 1994 (12:14 Md. R. 1228); November 20, 1994 (21:25 Md. R. 1933); July 3, 1995 (22:13 Md. R. 966); January 15, 1996 (23:1 Md. R. 23); April 22, 1996 (23:8 Md. R. 604); August 12, 1996 (23:16 Md. R. 1175); June 30, 1997 (24:13 Md. R. 930); November 3, 1997 (24:22 Md. R. 1551); July 10, 2000 (27:13 Md. R. 1211); February 19, 2001 (28:3 Md. R. 205) **Administrative History:** Regulation .01-1A(1) amended as an emergency provision effective July 14, 1999 (26:16 Md. R. 1236); amended permanently effective October 4, 1999 (26:20 Md. R. 1545) **Administrative History:** Regulation .01-2 adopted effective October 11, 1993 (20:20 Md. R. 1569) **Administrative History:** Regulation .01-2 amended effective June 30, 1997 (24:13 Md. R. 930) **Administrative History:** Regulation .02A amended effective October 7, 1996 (23:20 Md. R. 1422); July 10, 2000 (27:13 Md. R. 1211); February 19, 2001 (28:3 Md. R. 205) **Administrative History:** Regulation .03B amended effective July 3, 1995 (22:13 Md. R. 966) **Administrative History:** Regulation .09 amended effective March 5, 1990 (17:4 Md. R. 496) **Administrative History:** Regulation .14G adopted effective October 11, 1993 (20:20 Md. R. 1569) **Administrative History:** Regulation .15 amended effective September 3, 1990 (17:17 Md. R. 2078) **Administrative History:** Regulation .17A amended effective October 11, 1993 (20:20 Md. R. 1569) **Administrative History:** Regulation .17A amended as an emergency provision effective July 14. 1999 (26:16 Md. R. 1237); amended permanently effective October 4, 1999 (26:20 Md. R. 1545) **Administrative History:** Regulation .17E amended effective September 1, 1989 (16:16 Md. R. 1749) **Administrative History:** Regulation .22B amended effective July 3, 1995 (22:13 Md. R. 966) **Administrative History:** Regulation .25B amended as an emergency provision effective July 14, 1999 (26:16 Md. R. 1237); amended permanently effective October 4, 1999 (26:20 Md. R. 1545) **Administrative History:** Regulation .26B amended effective July 3, 1995 (22:13 Md. R. 966) **Administrative History:** Regulation .27 amended as an emergency provision effective July 14, 1999 (26:16 Md. R. 1237); amended permanently effective October 4, 1999 (26:20 Md. R. 1545) **Administrative History:** Regulation .27B amended effective August 5, 1991 (18:15 Md. R. 1725); November 20, 1994 (21:23 Md. R. 1933) **Administrative History:** Regulation .27C adopted effective August 5, 1991 (18:15 Md. R. 1725) **Administrative History:** Regulation .27C amended effective October 11, 1993 (20:20 Md. R. 1569) **Administrative History:** Regulation .28A amended effective June 30, 1997 (24:13 Md. R. 930) **Administrative History:** Regulation .31D amended effective November 20, 1994 (21:23 Md. R. 1933) **Administrative History:** Regulation .32 amended and recodified to Regulation .01-1 effective October 11, 1993 (20:20 Md. R. 1569) **Administrative History:** Regulation .32A amended effective April 16, 1990 (17:7 Md. R. 848) **Administrative History:** Regulation .33 adopted effective September 1, 1989 (16:16 Md. R. 1749) **Administrative History:** Regulation .33A amended, B repealed effective June 30, 1997 (24:13 Md. R. 930) **Administrative History:** Regulation .34 adopted effective June 30, 1997 (24:13 Md. R. 930) **Administrative History:** Chapter revised as an emergency provision effective August 10, 2001 (28:17 Md. R. 1551); revised permanently effective November 12, 2001 (28:22 Md. R. 1936) **Administrative History:** Regulation .01B amended effective December 12, 2002 (29:24 Md. R. 1919); April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .01-1 amended effective April 19, 2021 (48:8 Md. R. 308) **Administrative History:** Regulation .01-1A amended effective September 29, 2003 (30:19 Md. R. 1331); March 17, 2014 (41:5 Md. R. 342) **Administrative History:** Regulation .01-1A, B amended effective September 2, 2002 (29:17 Md. R. 1380) **Administrative History:** Regulation .01-1A, C amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .01-1B, C amended effective December 12, 2002 (29:24 Md. R. 1919) **Administrative History:** Regulation .01-2 amended effective December 12, 2002 (29:24 Md. R. 1919); April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .03B, C amended and D adopted effective September 30, 2002 (29:19 Md. R. 1523) **Administrative History:** Regulation .08 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .09 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .14 recodified to Regulation .14-1 and new Regulation .14 adopted as an emergency provision effective July 9, 2004 (31:18 Md. R. 1348); adopted permanently effective September 27, 2004 (31:19 Md. R. 1431) **Administrative History:** Regulation .14C amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .14D adopted effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .14-1G amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .15B amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .16 amended as an emergency provision effective December 22, 2008 (36:2 Md. R. 96); emergency status extended at 36:17 Md. R. 1310; emergency status expired November 19, 2009 **Administrative History:** Regulation .16 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .16-1 adopted as an emergency provision effective December 22, 2008 (36:2 Md. R. 96); emergency status extended at 36:17 Md. R. 1310; emergency status expired November 19, 2009 **Administrative History:** Regulation .16-1 adopted effective December 26, 2011 (38:26 Md. R. 1696) **Administrative History:** Regulation .16-1 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .17 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .17C amended effective December 12, 2002 (29:24 Md. R. 1919) **Administrative History:** Regulation .19 repealed and new Regulation .19 adopted effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .27A amended effective September 29, 2003 (30:19 Md. R. 1331); April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .27C adopted effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .28 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .28G amended effective July 16, 2020 (47:14 Md. R. 675) **Administrative History:** Regulation .28-1 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .28-2B, F amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .28-3 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .29 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .34 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .35 amended effective April 23, 2018 (45:8 Md. R. 419) **Administrative History:** Regulation .37 adopted effective December 12, 2002 (29:24 Md. R. 1919) **Administrative History:** Regulation .38 adopted effective December 12, 2002 (29:24 Md. R. 1919) #### Regulation .01 Definitions. *COMAR 09.12.01.01* A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “ASME Code” means the “ASME Boiler and Pressure Vessel Code” of the American Society of Mechanical Engineers with revisions, amendments, and interpretations adopted by the Board of Boiler Rules. (2) “Antique boiler” means a boiler that is: (a) Fabricated and stamped: (i) In accordance with the ASME Code or another nationally recognized boiler construction standard; and (ii) More than 30 years before the date of the inspection; (b) Operated primarily for demonstration, exhibition, or instructional purposes and not for profit; or (c) Constructed, inspected, and stamped in accordance with the ASME Code and registered with the National Board of Boiler and Pressure Vessels Inspectors to replace a historical boiler. (3) “Approved” means approved by the Board of Boiler Rules. (4) “Authorized Inspection Agency” means an entity that: (a) Is accredited in accordance with the National Board of Boiler and Pressure Vessel Inspectors NB-369, Qualifications and Duties for Authorized Inspection Agencies Performing Inservice Inspection Activities and Qualifications for Inspectors of Boilers and Pressure Vessels; (b) Is accredited in accordance with the National Board of Boiler and Pressure Vessel Inspectors NB-371, Accreditation of Owner-User Inspection Organizations (OUIO); or (c) Meets the qualifications and definition of the National Board of Boiler and Pressure Vessel Inspectors NB-360, Criteria for Acceptance of Authorized Inspection Agencies for New Construction. (5) “Authorized Insurer” means an authorized inspection agency licensed to insure boilers and pressure vessels in Maryland. (6) “Board” means the Board of Boiler Rules. (7) “Boiler external piping” means piping which: (a) Begins where the boiler proper terminates at the: (i) First circumferential joint for welded end connections; (ii) Face of the first flange in bolted flanged connections; or (iii) First threaded joint in threaded connections; and (b) Extends up to and including the valve or valves required by Section I or Section IV of the ASME Code. (8) “Certificate of Competency” means a certificate issued by the Chief Boiler Inspector indicating the suitability and fitness of an individual to inspect boilers and pressure vessels in Maryland. (9) “Certificate inspection” means an inspection the report of which is used by the Chief Boiler Inspector to determine whether to issue a certificate. (10) “Certificate of inspection for repair or alteration” means the certificate inspection performed after a repair or alteration to determine suitability of the object for return to service. (11) “Commissioner” means the Commissioner of Labor and Industry. (12) “Condemned boiler or pressure vessel” means a boiler or pressure vessel that has been inspected and declared unsafe or declared disqualified under legal requirements by an inspector who is authorized to take such action and who has applied a stamp or mark designating condemnation. (13) “Electric boiler” means a boiler in which the source of heat is electricity. (14) “Existing boiler or pressure vessel installation” means: (a) A boiler constructed, installed, placed in operation, or contracted for before July 1, 1969, excluding antique boilers, historical boilers or model steam boilers; or (b) A pressure vessel constructed, installed, placed in operation, or contracted for before January 1, 1974, excluding antique boilers, historical boilers or model steam boilers. (15) “External inspection” means an inspection made when a boiler or pressure vessel is in operation. (16) “Follow up inspection” means an inspection performed after a boiler or pressure vessel has been determined to be nonconforming with applicable laws and regulations. (17) Heating Boiler. (a) “Heating boiler” means: (i) A steam boiler that operates at pressures not exceeding 15 PSIG; or (ii) A hot water boiler operated at pressures not exceeding 160PSIG or temperatures not exceeding 250°F at or near the boiler outlet. (b) “Heating boiler” includes a vessel used in connection with it as an expansion tank. (18) “High-pressure, high-temperature water boiler” means a water boiler that operates at pressures exceeding 160 PSIG or temperatures exceeding 250°F at or near the boiler outlet. (19) “Historical boiler” means a boiler that is: (a) Riveted and/or welded construction; (b) Not under the jurisdiction of the Federal Railroad Administration; (c) Not used for profit; and (d) An antique boiler, steam tractor, traction engine, hobby steam boiler, or portable steam boiler that is preserved, restored, and maintained for demonstration, viewing, or educational purposes. (20) “Hobby steam boiler” means a model steam boiler. (21) “Hot water heating boiler” means a heating boiler furnishing hot water circulated to return to itself. (22) “Hot water supply boiler” means a heating boiler furnishing hot water for use external to itself. (23) “Individually fabricated” means constructed, inspected, and stamped in accordance with the ASME Code, or other standard accepted by the Chief Boiler Inspector. (24) “Inspector” means the chief boiler inspector, a deputy boiler inspector, or a special inspector. (25) "Installer” means an individual, firm, association, corporation, or other entity that installs or constructs boilers or pressure vessels. (26) “Internal inspection” means an examination as complete as possible of the internal and external surfaces of a boiler or pressure vessel conducted while it is not in operation, and with all manhole plates, hand hole plates, and other coverings of inspection openings removed. (27) “Kitchen” means an area used for the preparation or processing of food for human consumption. (28) “Kitchen equipment boiler” means a boiler located in a kitchen, and used for cooking or related purposes. (29) “Lap-seam crack” means a crack in a lap-seam of a boiler or pressure vessel parallel to a longitudinal joint, either between or adjacent to rivet holes. (30) “Maryland inspection report form” means the form submitted by an inspector and available on the Department’s website. (31) “Miniature boiler” means a boiler when none of the following limitations are exceeded: (a) 16 inches inside diameter of shell; (b) 20 square feet heating surface, except for an electric boiler; (c) 5 cubic feet gross volume, exclusive of casing and insulation; and (d) 100 psig maximum allowable working pressure. (32) “Model steam boiler” means a boiler that is individually fabricated for non-commercial use and that is used primarily for demonstration, exhibition, or educational purposes, and not used for profit. (33) “Maximum allowable operating pressure” means the maximum pressure at which a boiler or pressure vessel is permitted to operate as determined by an inspector after an inspection and which is equal to or less than the maximum allowable working pressure. (34) “Maximum allowable working pressure” means the maximum pressure at which a boiler or pressure vessel is designed to operate as determined by the manufacturer in accordance with the construction code. (35) “Modular boiler system” means a series of boiler units specifically designed to be used singularly or together in sequential operation. (36) “National Board” means the National Board of Boiler and Pressure Vessel Inspectors. (37) “NBIC” means the National Board Inspection Code. (38) “New boiler or pressure vessel installation” means: (a) A boiler constructed, installed, placed in operation, or contracted for after July 1, 1969; or (b) A pressure vessel constructed, installed, placed in operation, or contracted for after January 1, 1974. (39) “Nonstandard boiler or pressure vessel” means a boiler or pressure vessel that does not bear the stamp of: (a) Maryland; (b) Another jurisdiction which has adopted a standard of construction equivalent to that required by the Board of Boiler Rules; (c) The ASME; or (d) The National Board. (40) “Owner” means a person, firm, or corporation owning or operating a boiler or pressure vessel within Maryland. (41) “Owner-user inspection service” means an owner of a boiler or pressure vessel in Maryland, who maintains a regularly established inspection department whose inspection procedures meet the applicable requirements of the National Board of Boiler and Pressure Vessel Inspectors and are acceptable to the Board. (42) “Person” means an installer, owner, or operator of a boiler or pressure vessel, a repair organization, or a company licensed to insure or inspect boilers and pressure vessels in the State. (43) “Portable boiler or pressure vessel” means a boiler or pressure vessel that is not historical but meets the following requirements: (a) Is set on a frame, platform or trailer; and (b) Is designed to be moved to different locations for use. (44) “Portable steam boiler” means a historical boiler that is: (a) Not self-propelled; (b) Set on a frame, platform, or trailer; and (c) Designed to be moved to different locations for use. (45) “Power boiler” means a boiler in which steam or other vapor is generated at a pressure of more than 15 PSIG, and includes a high-pressure, high-temperature water boiler. (46) “PSIG” means pounds per square inch gauge. (47) “Standard boiler or pressure vessel” means a boiler or pressure vessel that: (a) Bears the stamp of Maryland; (b) Bears the stamp of another jurisdiction which has adopted a standard of construction equivalent to that required by the Board of Boiler Rules; (c) Bears the stamps of both ASME and the National Board; or (d) Is of equivalent safe construction acceptable to the Board. (48) “Used boiler or pressure vessel” means a boiler or pressure vessel which has been removed from its original setting and reinstalled at the same or different location. (49) “Water heater” means a closed vessel with openings through which water may flow and includes: (a) An apparatus by which heat is generated; (b) Controls necessary to prevent pressures greater than 160 psig and water temperatures greater than 210 degrees F; and (c) Potable water that is withdrawn for external use. (50) “Workday” means a day that is not a Saturday, a Sunday, or a State holiday. #### Regulation .01-1 Incorporation by Reference. *COMAR 09.12.01.01-1* A. The following documents are incorporated by reference to the extent that they are referenced in this chapter: (1) ASME 2019 Boiler and Pressure Vessel Code, an International Code; and (2) National Board Inspection Code — NBIC, 2019 Edition. B. The following documents are incorporated by reference in their entirety: (1) ASME B31.1 — 2018 Edition, Power Piping (American Society of Mechanical Engineers); (2) ASME B31.3 — 2018 Edition, Process Piping (American Society of Mechanical Engineers); (3) ASME CSD-1 — 2018 Edition, Controls and Safety Devices for Automatically Fired Boilers (American Society of Mechanical Engineers) as amended in §C of this regulation; and (4) NFPA 85, Boiler and Combustion Systems Hazards Code — 2019 Edition (National Fire Protection Association). C. Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (American Society of Mechanical Engineers). (1) The requirements of ASME CSD-1 in effect at the time a boiler is installed apply to: (a) Power boilers regardless of fuel input; (b) Other boilers with a fuel input of greater than 2,500,000 Btu per hour and less than 12,500,000 Btu per hour; and (c) Other boilers with a fuel input of 2,500,000 Btu per hour or less, except that Section CF of CSD-1 does not apply to these boilers. (2) The following are exempt from the requirements of ASME CSD-1: (a) Water heaters stamped either “H” or “HLW” and used as potable water heaters, if the water temperature is less than 210°F and the water pressure is less than 160 PSIG; (b) Miniature boilers, except as required in Regulation .37 of this chapter; (c) Kitchen equipment boilers, except as required in Regulation .38 of this chapter; and (d) Historical boilers. #### Regulation .01-2 Compliance. *COMAR 09.12.01.01-2* In the event of a conflict between a regulation in this chapter and a code section incorporated by reference, the provisions of this chapter control. #### Regulation .02 Access and Egress. *COMAR 09.12.01.02* A. Clearance. (1) Except for a water heater or a modular boiler system, a new or replacement boiler installed in a new or existing building shall be installed consistent with: (a) Or exceeding, the manufacturer's recommendations for clearance; and (b) The space requirements of §A(6) of this regulation. (2) In the event manufacturer recommendations for clearance are not provided, a new or replacement boiler installed in a new or existing building, shall: (a) Have at least 3 feet between: (i) The top of the boiler and the ceiling, and (ii) Each side of the boiler and the adjacent wall or other structure; and (b) Comply with the conditions of §A(6) of this regulation. (3) The distance between or around a new or replacement boiler in a modular boiler system installed in a new or existing building shall be in accordance with the manufacturer's recommendations while ensuring: (a) There are 3 feet between each side of the perimeter of the boiler system and the adjacent wall or structure; and (b) The conditions in §A(6) of this regulation are met. (4) The distance between or around a water heater installed in a new or existing building shall be in accordance with the manufacturer's recommendations while ensuring the conditions of §A(6) of this regulation are met. (5) A boiler or pressure vessel having a manhole shall have 5 feet clearance from the manhole opening to any wall, ceiling, or piping that prevents entrance through the manhole. (6) A boiler or pressure vessel shall be located to provide adequate space for: (a) Proper operation of the boiler or pressure vessel and its appurtenances; (b) Inspection of all surfaces, tubes, water-walls, economizers, piping, valves, and other equipment; and (c) Required maintenance and the repair and replacement of tubes. B. Ladders and Runways. (1) When necessary to afford safe access, a steel runway or platform of standard construction shall be installed across the tops of adjacent boilers or pressure vessels, or at another convenient level. (2) When a valve or appurtenance requiring frequent manipulation cannot be reached or operated from the floor, a platform or other safe means of operation shall be provided. (3) A platform or runway shall: (a) Be at least 24 inches wide; (b) Have standard handrails and toe boards; and (c) Provide at least 7 feet, 6 inches overhead clearance. (4) A runway shall: (a) Have at least two means of exit, located remotely from each other; and (b) Be connected to floor level by: (i) A permanent stairway, or (ii) An inclined ladder. C. Each elevation in a boiler room shall have at least two exits, located remotely from each other, if the room: (1) Exceeds 500 square feet floor area; and (2) Contains one or more boilers having a fuel-burning capacity of 1,000,000 Btu per hour, or equivalent electrical heat input. #### Regulation .03 Air and Ventilation. *COMAR 09.12.01.03* A. A boiler room shall have a permanent source of outside air to: (1) Permit satisfactory combustion of fuel; and (2) Provide proper ventilation of the boiler under normal operating conditions. B. Louvered area. (1) The total requirements of all burners for all fired pressure vessels in a boiler room shall be used to determine the louver sizes, whether the pressure vessels are fired by coal, oil, or gas. (2) The minimum net free louvered area shall be at least 1 square foot. (3) The minimum dimension of air openings may not be less than 3 inches. (4) Ducts, when used, shall be of the same cross-sectional area as the free area of the openings to which they connect. (5) The following configurations shall be used: (a) Two permanent openings: (i) One opening shall start within 12 inches of the ceiling, and one opening shall start within 12 inches of the floor; (ii) The openings shall connect directly, or by ducts, with the outdoors or with crawl or attic spaces that freely connect with the outdoors; (iii) Where directly connecting with the outdoors or where connecting to the outdoors through vertical ducts, each opening shall have a minimum free area of 1 square inch per 4,000 Btu per hour of total input rating, or total relieving capacity, of all fired pressure vessels, whichever is greater; and (iv) Where connecting to the outdoors through horizontal ducts, each opening shall have a minimum free area of 1 square inch per 2,000 Btu per hour of total input rating, or total relieving capacity, of all fired pressure vessels, whichever is greater; or (b) One permanent opening: (i) The opening shall start within 12 inches of the ceiling; (ii) The opening shall directly connect with the outdoors, or shall connect through a vertical or horizontal duct to the outdoors or with crawl or attic spaces that freely connect to the outdoors; and (iii) The opening shall have a free open area of 1 square inch per 3,000 Btu per hour of total input rating, or total relieving capacity, of all fired pressure vessels, whichever is greater. (6) The following table shall be used to determine the net louvered area in square feet: C. Mechanical Combustion and Ventilation. (1) Mechanical ventilation may be used to supply combustion air or ventilation air, or both, to a boiler room. (2) When mechanical ventilation is used: (a) The firing device shall be interlocked with the fan so that the firing device cannot operate without proven airflow; (b) The velocity of the air passing through the louvers cannot exceed 500 feet per minute; and (c) The total air delivered shall be equal to or exceed 0.5 CFM per 1,000 Btu per hour of total input rating or total required relieving capacity, whichever is greater. D. Water Heater Combustion Air Ventilation Requirements. (1) Hot water heaters in excess of 200,000 Btu per hour up to but not including 1,000,000 Btu per hour, that are located in their own equipment room, shall have at least: (a) 1 permanent source of outside air; and (b) 1 square foot of total net free louvered air space. (2) Hot water heaters of 1,000,000 Btu per hour or greater shall follow manufacturer's requirements. (3) Hot water heaters with inputs and required relieving capacities less than 200,000 Btu per hour are not covered by this regulation. #### Regulation .04 Equipment. *COMAR 09.12.01.04* A. Automatic Low Water Fuel Cutoff or Water Feeding Device. (1) An automatically fired steam or vapor system boiler shall have a low water fuel cutoff that automatically cuts off the fuel supply when the water surface falls to the lowest safe level. The following apply: (a) A water feeding device shall be: (i) Constructed so that the water inlet valve cannot feed water into the boiler through the float chamber, and (ii) Located to supply the necessary feedwater; (b) The lowest safe water line shall be not lower than the lowest visible part of the water glass. (2) A fuel or feedwater control device may be attached: (a) Directly to a boiler; or (b) To the tapped openings provided to attach a water glass directly to a boiler, provided that for low-pressure boilers: (i) Connections from the boiler are made with nonferrous tees or Y's at least 1/2 inch pipe size between the boiler and the water glass, so that the water glass is attached directly and as close as possible to the boiler, (ii) Straightaway tapping of the Y or tee takes the water glass fittings, and (iii) The side outlet of the Y or tee takes the fuel cutoff or water feeding device. (3) The ends of all nipples shall be reamed to full-size diameter. (4) A design using a float and float bowl shall have a vertical straightway valve drain pipe located at the lowest point in the water-equalizing pipe connections by which the bowl and equalizing pipe can be flushed and the device tested. B. Blowoff Equipment. (1) Blowdown from a boiler that enters a sanitary sewer system, or blowdown that is a hazard to life or property, shall pass through blowoff equipment to ensure that the maximum: (a) Temperature of water leaving the equipment is 150°F; and (b) Pressure of blowdown leaving the equipment is 5 PSIG. (2) Blowoff equipment shall: (a) Use piping and fittings between the boiler and the blowoff tank that comply with the ASME Code, Section I, paragraph PG-59; (b) Be fabricated of material that complies with the ASME Code, Section II; (c) Be fitted with openings that facilitate cleaning and inspection; and (d) Conform to the rules for boiler blowoff equipment established by the National Board. C. Discharge of safety valves, blowoff pipes, and other outlets shall be located to prevent injury to personnel. D. Boiler-Door Latches. (1) Firing Doors. (a) The firing doors on a watertube boiler shall: (i) Open inward; (ii) Be equipped with effective fastening devices; or (iii) Be constructed to prevent the doors from being blown open by pressure on the furnace side. (b) Except for coal openings on a downdraft or similar furnace: (i) Door fastenings shall be positive self-locking; and (ii) Friction contacts, latches, or bolts actuated by springs may not be used. (2) An explosion door, if used and located in a setting wall within 7 feet of a firing floor or operating platform, shall have substantial deflectors to divert a blast. (3) Except for an explosion door, a door not used during boiler firing may be equipped with bolts or fastenings. E. Pressure-Reducing Valve. (1) When a pressure-reducing valve is used: (a) If the piping or equipment on the low-pressure side of the reducing valve does not meet the requirements for full initial pressure, at least one relief or safety valve shall be installed on the low-pressure side of the reducing valve; (b) The relief or safety valves shall adjoin or be as close as possible to the reducing valve; (c) When a relief or safety valve is vented to the atmosphere, proper protection shall be provided to prevent escaping fluid from causing injury or damage; (d) The combined discharge capacity of relief or safety valves shall be such that the pressure rating of the lowest pressure piping or equipment cannot be exceeded if the reducing valve sticks open. (2) Bypass Around Reducing Valves. (a) A hand-controlled bypass around a reducing valve may be used. (b) If a bypass is used around a reducing valve, the safety valve on the low-pressure side shall have sufficient relief capacity to prevent overpressuring the low-pressure side. (3 ) A pressure gage shall be installed on the low-pressure side of a reducing valve. F. A boiler or pressure vessel shall have masonry or structural supports of sufficient strength and rigidity to: (1) Safely support the boiler or pressure vessel and its contents; and (2) Prevent excessive vibration of the boiler, pressure vessel, or connecting piping. #### Regulation .05 Factor of Safety--Increase for Existing Installation. *COMAR 09.12.01.05* A. An inspector may increase the factor of safety of an existing installation if the condition of the boiler or pressure vessel warrants the increase. B. Appeal Procedure. (1) An owner may appeal an increase in a factor of safety to the Board. (2) Upon appeal, the Board may request that the chief boiler inspector and a deputy boiler inspector or special inspector conduct a joint inspection. (3) Each inspector shall submit a report to the Board. (4) Based on the reports submitted, the Board shall make a final determination of the appropriate factor of safety. #### Regulation .06 Fired Jacketed Steam Kettle. *COMAR 09.12.01.06* A. A fired jacketed steam kettle may be installed if it is: (1) Constructed and stamped in accordance with the ASME Code, Section I, IV, or VIII, Division 1; and (2) Registered with the National Board. B. A gas-fired jacketed steam kettle may be constructed in accordance with the ASME Code, Section VIII, Division 1, provided that: (1) Welded joints having contact with products of combustion are Type No. 1 of Table UW-12; (2) The minimum thickness of a part subject to pressure is, for: (a) Carbon steel, 1/4 inch, or (b) Stainless steel or nonferrous pressure parts, as specified in the ASME Code, Section VIII, Division 1, Subsection C; (3) A part having contact with products of combustion is, for: (a) Carbon steel, pressure vessel quality, and (b) Austenitic stainless steel, either extra-low carbon or stabilized grade; (4) Structural grade carbon steel is not used for any pressure part; (5) The operating pressure of the jacket does not exceed 50 PSI; (6) A vessel constructed in accordance with this regulation: (a) Is inspected by an authorized inspector, and (b) Is not marked with the UM symbol; (7) Steam or water is not withdrawn from the jacket for use external to the vessel; (8) The capacity of the safety valve in pounds of steam per hour is at least equal to the BTU rating of the burner divided by 1,000; and (9) The jacket has: (a) A pressure gage, (b) A water gage glass, (c) A separate connection, fitted with a check valve and stop valve, for adding water to the jacket while the vessel is not under pressure, (d) An automatic gas valve controlled by pressure or temperature to maintain the steam pressure in the jacket below the safety valve setting, (e) A low water cutoff to stop the flow of fuel to the burner if the water in the jacket drops below the lowest permissible water level as established by the manufacturer, and (f) A safety pilot control to stop the flow of fuel to both the main burner and the pilot burner in case of pilot flame failure. #### Regulation .07 Gas-Fired Installations. *COMAR 09.12.01.07* A. A burner in a gas-fired installation shall be tested and certified by the American Gas Association. B. A gas-fired boiler shall have a vent or flue that terminates at an acceptable location outside the building. C. The size of the vent or flue shall be: (1) That recommended by the boiler manufacturer; (2) At least 4 inches in diameter or equivalent area; and (3) If the horizontal run exceeds 10 feet, at least 6 inches in diameter or equivalent area. #### Regulation .08 Hazardous Condition. *COMAR 09.12.01.08* A. A special inspector who finds a hazardous condition affecting the safety of a boiler or pressure vessel shall notify the chief boiler inspector in accordance with Regulation .28 of this chapter. B. If a special inspector determines that a boiler or pressure vessel is unsafe for operation: (1) The inspector shall: (a) Notify the owner promptly; (b) Specify the repair or corrective measure required to achieve compliance with regulations; and (c) If the owner does not agree to take the required action promptly, notify the chief boiler inspector immediately; (2) Until the required repair or corrective measure is completed: (a) Use of the boiler or pressure vessel is prohibited; and (b) The chief boiler inspector shall suspend the inspection certificate, if any. C. If, upon inspection, the chief boiler inspector or a deputy boiler inspector declares a boiler or pressure vessel unsafe: (1) The boiler or pressure vessel shall be condemned and stamped in accordance with Regulation .30 of this chapter; and (2) Use or operation of the condemned boiler or pressure vessel shall subject the owner to the penalties provided by Public Safety Article, §12-915, Annotated Code of Maryland. #### Regulation .09 Hearings. *COMAR 09.12.01.09* A. A hearing shall be held in accordance with the requirements of the Administrative Procedure Act, Title 10, Subtitle 2, State Government Article, Annotated Code of Maryland. B. The Commissioner delegates the authority to issue a proposed decision on a citation or penalty to the Office of Administrative Hearings. C. A proposed decision of the Office of Administrative Hearings becomes a final order of the Commissioner 20 days after the date it is issued, unless: (1) The person found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, requests a review; or (2) The Commissioner orders review. D. Review of Proceedings Before the Commissioner. (1) A request for review by a person found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, shall: (a) Be in writing; (b) Contain a concise statement identifying each portion of the determination for which a review is requested; (c) Be filed with the Commissioner within 20 days after the date the determination is issued; and (d) Be mailed by the requesting party to all other parties to the proceeding. (2) Affected parties have the opportunity to present argument to the Commissioner based on the record before the Office of Administrative Hearings. (3) Order of the Commissioner. (a) After review of the proceedings, with or without a hearing, the Commissioner shall: (i) Issue an order based on findings of fact; and (ii) Mail copies of the order to all affected parties. (b) The Commissioner’s order shall affirm, modify, or vacate the citation or proposed penalty, or direct other appropriate relief. E. Hearings Before the Board of Boiler Rules. (1) A hearing before the Board of Boiler Rules shall be held before at least four members of the Board. (2) A request for postponement of a hearing may not be considered unless the presiding officer receives a request: (a) In writing; (b) At least 5 days before the scheduled hearing date; and (c) Setting forth the reasons for the request. (3) Presiding Officer. (a) At a hearing before the Board, the chairman of the Board or, in the chairman’s absence, the chairman’s designee, shall be the presiding officer. (b) A presiding officer may: (i) Administer oaths and affirmations; (ii) Rule on offers of proof and procedural matters; (iii) Regulate the course of the hearing, including the conduct of parties and counsel; (iv) Receive relevant evidence; (v) Examine a witness; and (vi) Take other action authorized by statute or regulation. (4) A hearing shall be recorded verbatim. (5) Hearing Procedure. (a) The presiding officer shall: (i) Call the title of the case; (ii) Briefly explain the purpose and nature of the hearing; (iii) Recite any charges, complaints, or other matters involved; (iv) Administer the oath to all persons who are to testify; and (v) Receive any stipulation entered into by the parties. (b) Counsel or a party may address any preliminary matter, exception, or motion. (c) The following exhibits shall be introduced: (i) A copy of the petition, complaint, or other matter involved in the hearing; and (ii) A copy of the notice of hearing. (d) In a hearing on an application for variance, the applicant shall proceed first and present evidence to demonstrate either that the subject regulation is unreasonable or that it imposes an undue burden on the applicant, and that equivalent safety can be maintained. The presenter of evidence shall then present information obtained as a result of the agency’s investigation of the application. (e) Subject to statutes and rules governing the practice of law, a party or counsel representing a party may: (i) Call witnesses; (ii) Offer evidence, including rebuttal evidence; (iii) Cross-examine a witness called by another party or the agency; and (iv) Present argument and summation. (f) Any member of the Board may examine a witness. (g) The Board may permit or require a party to file a written memorandum, which may include proposed findings of fact and conclusions of law. F. The Board shall: (1) Issue a written determination which includes findings of fact and conclusions of law, and an order disposing of the proceedings; and (2) Promptly serve a copy of the determination on each party or the party's counsel of record. G. A party aggrieved by a final order issued pursuant to this regulation may obtain judicial review by filing a written petition with the appropriate circuit court within 30 days of issuance of the final order. #### Regulation .10 Heating Boiler — Existing Installation: Maximum Allowable Working Pressure *COMAR 09.12.01.10* A. The maximum allowable working pressure on a standard boiler may not exceed the pressure stamped or cast by the manufacturer on: (1) The boiler; or (2) A plate secured to the boiler. B. The maximum allowable working pressure on: (1) The shell of a nonstandard riveted heating boiler shall be determined in accordance with Regulation .22 of this chapter, except that the maximum allowable working pressure on a: (a) Steam heating boiler may not exceed 15 PSIG; and (b) Hot water boiler may not exceed: (i) 160 PSIG, or (ii) 250°F. (2) A nonstandard steel or wrought iron heating boiler of welded construction: (a) May not exceed 15 PSIG for steam; and (b) For service other than steam, shall be calculated in accordance with the ASME Code, Section IV. (3) A nonstandard boiler composed principally of cast iron, or having a cast iron shell or heads and steel or wrought iron tubes, may not exceed: (a) 15 PSIG for steam service; and (b) 30 PSIG for hot water service. #### Regulation .11 Heating Boiler — Existing Installation: Safety Valve. *COMAR 09.12.01.11* A. A steam boiler shall have at least one safety valve which is: (1) Officially rated; (2) Of the spring pop type; and (3) Adjusted and sealed to discharge at a pressure not greater than 15 PSI. B. A seal shall be attached in a manner to prevent the valve from being disassembled without breaking the seal. C. A safety valve shall be arranged so that it cannot be reset to relieve at a pressure higher than the maximum allowable working pressure of the boiler. D. Body Drain. (1) The manufacturer shall provide a body drain connection below seat level. (2) A body drain may not be plugged during or after field installation. (3) If a valve exceeds 2 inch pipe size, the drain hole shall be tapped at least 3/8 inch pipe size. (4) A valve less than 2 inches pipe size shall have a drain hole at least 1/4 inch in diameter. E. Valve Size. (1) A safety valve for a steam boiler shall be: (a) At least 3/4 inches, unless the boiler and radiating surfaces are a self-contained unit; and (b) Not larger than 4 1/2 inches. (2) An inlet opening shall have an inside diameter at least equal to the seat diameter. F. The minimum relief capacity of a valve or valves is governed by the capacity marking on the boiler. G. Valve Capacity. (1) Subject to the requirements of §H, below, the minimum valve capacity in pounds per hour is the greater of the capacity determined: (a) By dividing the maximum BTU output at the boiler nozzle, obtained by firing any fuel for which the unit is installed, by 1,000; or (b) In accordance with the following table: (2) The minimum safety valve or safety relief valve relief capacity for an electric boiler shall be 3-1/2 pounds per hour per kilowatt input. H. The safety valve capacity for a steam boiler shall be sufficient to ensure that when fuel burning equipment is operated at maximum capacity, the pressure cannot exceed the maximum allowable working pressure by more than 5 PSI. I. When operating conditions change, or additional boiler heating surface is installed: (1) Valve capacity shall be increased, if necessary, to: (a) Meet the new conditions, and (b) Comply with the requirements of this regulation; (2) Provided there is no intervening valve, any additional valves required because of changed conditions may be installed on the outlet piping. J. If there is any doubt as to the capacity of a safety valve, an accumulation test shall be conducted in accordance with the ASME Code, Section VI, Recommended Rules for the Care and Operation of Heating Boilers. K. A valve of any type may not be placed: (1) Between a safety valve and a boiler; or (2) On a discharge pipe between a safety valve and the atmosphere. L. Discharge Pipe. (1) A discharge pipe shall be: (a) At least full-size; and (b) Fitted with an open drain to prevent water from lodging in the upper part of a safety valve or in the discharge pipe. (2) If a safety valve discharge pipe has an elbow, the: (a) Elbow shall be located near the safety valve outlet; or (b) Discharge pipe shall be securely anchored and supported. M. Safety valve discharges shall be located or piped so as not to endanger workers. #### Regulation .12 Heating Boiler — Existing Installation: Miscellaneous. *COMAR 09.12.01.12* A. Feedwater Connection. (1) Feedwater, make-up water, or water treatment: (a) Shall be introduced into a boiler through: (i) The return piping system, or (ii) An independent feedwater connection that does not discharge against a part of the boiler exposed to direct radiant heat from the fire; (b) May not be introduced through an opening or connection provided for: (i) Inspection or cleaning, (ii) Safety valve, (iii) Safety relief valve, (iv) Surface blowoff, (v) Water column, (vi) Water gage glass, (vii) Pressure gage, or (viii) Temperature gage. (2) Feedwater pipe shall have a: (a) Check valve near the boiler; and (b) Stop valve or cock between the check valve and the boiler or return pipe system. B. Pressure or Altitude Gage. (1) A hot water boiler shall have a pressure or altitude gage connected to the boiler or its flow connection so that it cannot be shut off from the boiler except by a cock with a tee or lever handle: (a) Placed on the pipe near the gage; and (b) With the handle parallel to the pipe in which it is located, when the cock is open. (2) The scale on the dial of a pressure or altitude gage shall be graduated to indicate pressures from 1-1/2 to 3 times the maximum allowable working pressure. (3) Piping or tubing for a pressure or altitude gage connection smaller than 1 inch pipe size shall be of nonferrous metal. C. Steam Gage. (1) A steam boiler shall have a steam gage connected to its steam space, water column, or steam connection by a siphon or equivalent device on the exterior of the boiler. (2) A siphon shall be: (a) Of sufficient capacity to keep the gage tube filled with water; and (b) Arranged so that the gage can be shut off from the boiler only by a cock with a tee or lever handle: (i) Placed in the pipe near the gage, and (ii) With the handle parallel to the pipe in which it is located, when the cock is open. (3) Scale. (a) The scale on the dial of a steam gage shall be graduated to at least 30 PSIG. (b) The gage shall have effective stops for the indicating pointer at the: (i) Zero point; and (ii) Maximum pressure point. (c) The travel of the pointer from zero to 30 PSIG shall be at least 3 inches. D. Stop Valve and Check Valve. (1) A boiler which can be closed off from the heating system by closing a steam stop valve shall have a check valve in the condensate return line between the boiler and the system. (2) Any part of a heating system that can be closed off from the remainder of the system by closing a steam stop valve shall have a check valve in the condensate return pipe from that part of the system. E. A hot water boiler shall have a thermometer located and connected so that: (1) A person observing the water pressure or altitude gage can read the thermometer easily; and (2) The thermometer at all times indicates the temperature, in degrees Fahrenheit, of the water in the boiler at or near the outlet. F. Water Gage Glass. (1) A steam boiler shall have at least one water gage glass attached to the water column or boiler by valved fittings. (2) The lower fitting shall have a straightway drain valve with an opening at least 1/4 inch diameter to facilitate cleaning. (3) Gage glass replacement shall be possible while the boiler is under pressure. (4) Transparent material other than glass may be used for a water gage if the material is suitable for the pressure, temperature, and corrosive conditions encountered in service. G. When practicable, a boiler equipped with a condensate return pump shall have a water level control that automatically maintains the water level in the boiler within the range of the gage glass. H. Repairs and replacements of fittings or appliances shall comply with the ASME Code for new construction, Section IV. I. The ASME Code, Section VI, Recommended Rules for the Care and Operation of Heating Boilers is recommended as a guide for proper and safe operating practices. J. It is recommended that a return water connection to a low-pressure steam heating boiler supplying a gravity return heating system be arranged to form a return pipe loop connection, so that water cannot be forced out of the boiler below the safe water level, as shown in Section IV, Figure HG-703.1 of the ASME Heating Boiler Code. #### Regulation .13 Hot Water Boiler—Existing Installation: Safety Relief Valve. *COMAR 09.12.01.13* A. Number of Valves. (1) A hot water heating boiler shall have at least one safety relief valve which is: (a) Officially rated; and (b) Set to relieve at or below the maximum allowable working pressure of the boiler. (2) A hot water supply boiler shall have at least one safety relief valve which is: (a) Officially rated; (b) Automatically reseating; and (c) Set to relieve at or below the maximum allowable working pressure of the boiler. B. A safety relief valve with an officially rated capacity shall have pop action when tested by steam. C. When more than one safety relief valve is used on a hot water heating or hot water supply boiler, each additional valve shall be: (1) Officially rated; and (2) Set at a maximum of: (a) 6 PSI above the maximum allowable working pressure of the boiler, for a boiler having a maximum allowable working pressure of 60 PSI or less, or (b) 10 percent above the maximum allowable working pressure, for a boiler having a maximum allowable working pressure exceeding 60 PSI. D. A safety relief valve shall be: (1) Spring loaded; and (2) Arranged so that it cannot be reset at a pressure higher than the maximum permitted by this regulation. E. A material that can fail because of deterioration or vulcanization when subject to saturated steam temperature corresponding to capacity test pressure may not be used for any part. F. Size. (1) Except as otherwise provided by this regulation, the standard pipe size of a safety relief valve may not be: (a) Smaller than 3/4 inch; and (b) Larger than 4-1/2 inches. (2) A boiler having a heat input of 15,000 BTU per hour or less may have a rated safety relief valve of 1/2 inch standard pipe size. (3) An inlet opening shall have an inside diameter approximately equal to, or greater than, the seat diameter. (4) The minimum opening through any part of a valve shall be at least 1/2 inch in diameter or the equivalent area. G. Subject to the requirements of §I of this regulation, the minimum steam relief capacity of a pressure relief device on a boiler, in pounds per hour, shall be the greater of the capacity determined: (1) By dividing by 1,000 the maximum BTU output at the boiler nozzle, obtained by firing any fuel for which the unit is installed; or (2) In accordance with Table 09.12.01.11G. H. When operating conditions change or additional boiler heating surface is installed: (1) Valve capacity shall be increased, if necessary, to: (a) Meet the new conditions, and (b) Comply with this regulation; and (2) If there is no intervening valve, any additional valves required because of changed conditions may be installed on the outlet piping. I. The safety relief valve capacity for a boiler shall be sufficient to ensure that, with fuel burning equipment operated at maximum capacity, pressure cannot exceed: (1) 6 PSI above the maximum allowable working pressure of the boiler, for a boiler having a maximum allowable working pressure of 60 PSI or less; and (2) 10 percent above the maximum allowable working pressure, for a boiler having a maximum allowable working pressure greater than 60 PSI. J. If there is any doubt as to the capacity of a safety relief valve, an accumulation test shall be conducted in accordance with the ASME Code, Section VI, Recommended Rules for the Care and Operation of Heating Boilers. K. A valve of any type may not be placed: (1) Between a safety relief valve and a boiler; or (2) On a discharge pipe between a safety relief valve and the atmosphere. L. Discharge Pipe. (1) A discharge pipe shall be: (a) At least full-size; and (b) Fitted with an open drain to prevent water from lodging in the upper part of a safety relief valve or in the discharge pipe. (2) If a safety relief valve discharge pipe has an elbow, the: (a) Elbow shall be located near the safety relief valve outlet; or (b) Discharge pipe shall be securely anchored and supported. M. Safety relief valve discharges shall be located or piped so as not to endanger workers. #### Regulation .14 Inspection Intervals. *COMAR 09.12.01.14* A. Boilers and pressure vessels subject to this regulation do not include power boilers, or high pressure or high temperature water boilers. B. Except as provided in §C of this regulation, boilers and pressure vessels shall receive a certificate inspection biennially. C. A boiler or pressure vessel that is part of an amusement attraction, as defined by Business Regulation Article, §3-101(b), Annotated Code of Maryland, shall receive a certificate inspection annually. D. A historical boiler shall be inspected at intervals specified in Regulation .34 of this chapter. #### Regulation .14-1 Inspection. *COMAR 09.12.01.14-1* A. Internal Inspection. (1) Unless an internal inspection is required by law or by an inspector at the inspector's discretion, a: (a) Hot water boiler requires only an external inspection for certificate purposes; and (b) Pressure vessel requires only an external inspection for certificate purposes. (2) At least 7 days before an internal inspection, the inspector shall notify the owner of the inspection date. B. The owner of a boiler shall prepare the boiler for internal inspection and hydrostatic test, if necessary, by: (1) Drawing off water and washing the boiler thoroughly; (2) Removing manhole and handhole plates, washout plugs, and inspection plugs in water column connections; (3) Cooling and thoroughly cleaning furnace and combustion chambers; (4) Removing all grates of internally fired boilers; (5) Removing the pressure gage for testing; (6) Disconnecting the pipe or valve at the most convenient point to prevent leakage of steam or hot water into the boiler; (7) Performing the following procedures before opening a manhole or handhole cover and entering any part of a steam-generating unit connected to a common header with other boilers: (a) Close, tag, and preferably padlock: (i) Non return and steam stop valves; and (ii) Feed and check valves; (b) Open drain valves or cocks between: (i) Non return and steam stop valves; and (ii) Feed and check valves; and (c) After draining the boiler: (i) Close and padlock the blowoff valves; (ii) Where practicable, disconnect blowoff lines at a point between pressure parts and valves; and (iii) Open all drains and vent lines. C. The owner of a pressure vessel shall prepare the pressure vessel for inspection to the extent required by the inspector, using the applicable procedures set out in §B of this regulation. D. Removal of Covering During Inspection. (1) At each annual inspection, brickwork shall be removed, as required by the inspector, to determine the condition of the boiler, headers, furnace, supports, or other parts. (2) Unless the information can be obtained by other means, if boiler or pressure vessel jacketing conceals the longitudinal seams of a shell, drum, or dome, sufficient jacketing, setting wall, or other casing or housing shall be removed to permit: (a) Reasonable inspection of the seams; and (b) Determination of: (i) The size and pitch of the rivets; and (ii) Other data necessary to ascertain the safety of the boiler or pressure vessel. (3) When an external inspection discloses evidence of a leak or crack: (a) Sufficient covering shall be removed from the boiler or pressure vessel to permit the inspector to make a safety determination; and (b) If the covering cannot be removed during the inspection, the inspector may order use of the boiler or pressure vessel discontinued until: (i) The covering can be removed; and (ii) Proper inspection can be made. E. Hydrostatic Pressure Test. (1) A hydrostatic pressure test of a boiler or pressure vessel may not exceed: (a) 1-1/2 times the maximum allowable working pressure; or (b) The required test pressure by more than 2 percent. (2) During a hydrostatic test: (a) Each safety valve shall be removed; or (b) Each valve disk shall be held to its seat by a testing clamp, and not by tightening the compression screw on the spring. (3) Water used to apply a hydrostatic test shall have a: (a) Recommended minimum temperature of 70°F; and (b) Maximum temperature of 140°F. (4) When a hydrostatic test is applied to an existing installation to determine: (a) Tightness, test pressure shall equal the release pressure of the safety valve having the lowest release setting; and (b) Safety, test pressure shall equal 1-1/2 times the maximum allowable working pressure. F. If a boiler or pressure vessel is not properly prepared for internal inspection, or if the owner fails to comply with the requirements for a hydrostatic test as set out in this regulation: (1) The inspector may refuse to conduct the inspection or test; and (2) If the inspector refuses, the chief boiler inspector shall withhold the inspection certificate until the owner complies with the requirements. G. An inspector is authorized to: (1) Conduct inspections in accordance with Public Safety Article, §12-909, Annotated Code of Maryland; and (2) Review and verify records required by Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and by Codes referenced in Regulation .01-1 of this chapter. #### Regulation .15 Inspection Certificate. *COMAR 09.12.01.15* A. Revocation or Suspension. (1) Emergency Action. (a) The chief boiler inspector or an authorized representative may order an inspection certificate suspended summarily if, in his opinion, public safety imperatively requires emergency action. (b) If an inspection certificate is summarily suspended, the chief boiler inspector shall promptly give the owner of the boiler or pressure vessel for which the inspection certificate was issued: (i) Written notice of the suspension, including the reason and facts that warrant the suspension; and (ii) An opportunity to be heard. (2) General. (a) The chief boiler inspector shall suspend an inspection certificate if: (i) An inspector determines that the condition of the boiler or pressure vessel makes continued operation unsafe; (ii) A special inspector notifies the chief boiler inspector that an owner refuses to make promptly the repairs necessary to bring an unsafe boiler or pressure vessel into compliance with these regulations; (iii) The owner refuses to permit inspection of a boiler or pressure vessel; or (iv) The owner refuses to pay a fee required by the Boiler and Pressure Vessel Safety Act. (b) The chief boiler inspector or an authorized representative may suspend or revoke an inspection certificate if the boiler or pressure vessel for which it was issued: (i) Cannot be operated consistent with public safety; or (ii) Does not comply with applicable law or regulations. (c) Except as otherwise provided by this regulation, before suspending or revoking an inspection certificate, the chief boiler inspector shall give the owner of the boiler or pressure vessel: (i) Written notice of the suspension or revocation which states the reasons and facts warranting the suspension or revocation; and (ii) An opportunity to be heard. B. An inspection certificate becomes invalid: (1) On its expiration date; or (2) When the boiler or pressure vessel for which it was issued ceases to be: (a) Insured by an authorized insurer; or (b) Owned by an owner-user inspection service. #### Regulation .16 Inspector. *COMAR 09.12.01.16* A. An inspector: (1) May not engage in the sale of boilers, pressure vessels, or any related item; and (2) Shall be employed regularly in inspection work. B. To be eligible to take the examination for a Certificate of Competency as an inspector, an applicant shall have: (1) A degree in mechanical engineering plus 1 year of experience in the design, construction, operation, or inspection of high pressure vessels; (2) A degree in another branch of engineering, plus 2 years of experience in the design, construction, operation, or inspection of high pressure boilers and pressure vessels; or (3) The equivalent of a high school education plus 3 years of experience: (a) In high pressure boiler and pressure vessel construction or repair; (b) As an operating engineer in charge of a high pressure boiler operation; or (c) As an inspector of high pressure boilers and pressure vessels. C. Application Procedure for Certificate of Competency. (1) An applicant shall apply to take an examination: (a) On the form furnished by the Chief Boiler Inspector; and (b) At least 30 days before the examination date. (2) The applicant shall provide: (a) A description of the applicant's education; (b) A list of the applicant's past and present employers; (c) The dates of the applicant's employment with each employer; (d) The position the applicant held with each employer; and (e) Upon approval of the application by the Chief Boiler Inspector, a $50 examination fee, payable to the Division of Labor and Industry. (3) An individual applying for a Certificate of Competency as a special inspector on the basis of a commission issued by the National Board of Boiler and Pressure Vessel Inspectors shall submit an application: (a) On the form furnished by the Chief Boiler Inspector; and (b) Accompanied by a copy of the commission and valid identification card issued by the National Board. (4) An application containing false information shall be rejected. D. The examination for Certificate of Competency shall: (1) Be written; (2) Cover the construction, installation, operation, maintenance, and repair of boilers and pressure vessels and their appurtenances; (3) Be offered: (a) At the office of the Board of Boiler Rules, or any other location that the Board selects; and (b) On the first Wednesday of March, June, September, and December. E. The chief boiler inspector shall issue a Certificate of Competency to an applicant who: (1) Passes the examination or a subsequent re-examination; and (2) Is a full-time employee of an authorized inspection agency. F. Special Inspector Commission Application Procedure. (1) An authorized inspection agency or an owner-user inspection service employing an individual applying for a special inspector commission shall: (a) Submit a completed application form to the chief boiler inspector, setting forth the following: (i) The applicant's name; (ii) A description of the applicant's education; (iii) A list of the applicant's past and present employers; (iv) The dates of the applicant’s employment with each employer; and (v) The position the applicant held with each employer. (b) Submit with the application for an individual who holds a commission or certificate of competency from a state with an equivalent examination or a commission issued by the National Board, a copy of: (i) The commission or certificate; and (ii) Any valid identification card issued by a state or the National Board. (2) An application containing false information shall be rejected. (3) Upon approval of the special inspector commission by the chief boiler inspector, the authorized inspection agency or owner-user inspection service shall pay a $50 special inspector commission fee, payable to the Division of Labor and Industry. G. Unless the authorized inspection agency or owner-user inspection service complies with the renewal provisions of §H of this regulation, a special inspector commission expires: (1) On the second March 1 after June 1, 2001, for special inspector commissions that were issued before June 1, 2001; (2) On March 1 of the next odd number year after the initial issuance of the special inspector commission; or (3) On March 1 of the next odd number year after renewal of the special inspector commission. H. To renew a special inspector commission, the authorized inspection agency or the owner-user inspection service employing the special inspector shall, at least 30 days before the special inspector commission is scheduled to expire, provide documentation that: (1) The special inspector continues to be certified as a special inspector by the National Board; (2) The special inspector has maintained sufficient proficiency during the past year by experience and training to qualify for renewal of the commission; and (3) The special inspector remains in the employ of the authorized inspection agency or the owner-user inspection service. I. Suspension of Special Inspector Commission. (1) After due investigation and recommendation by the Board of Boiler Rules, the Commissioner may suspend a special inspector commission for: (a) Incompetence; (b) Untrustworthiness; or (c) Willful falsification of information provided: (i) On the application; or (ii) In an inspection report. (2) The Commissioner shall give the inspector and the inspector's employer written notice within 10 days of the suspension. (3) An inspector whose special inspector commission is suspended may: (a) Appeal the suspension to the Board of Boiler Rules; and (b) Be present or be represented by counsel at any hearing of the appeal. J. An applicant who fails an examination may take another examination: (1) After 90 days; and (2) At the next regularly scheduled examination date. #### Regulation .16-1 Authorized Inspection Agency Insurance Requirements. *COMAR 09.12.01.16-1* A. An authorized inspection agency shall have general liability insurance and professional liability insurance to cover its inspection activities. B. An insurance policy required by this section shall be issued by an insurance company authorized to do business in Maryland. C. The insurance policy shall be in the amount of at least $500,000 for injury or death for any number of individuals in any single occurrence, and $100,000 for property damage in any single occurrence. D. The authorized inspection agency shall notify the Commissioner of any alterations or cancellations within 5 business days. #### Regulation .17 Installation. *COMAR 09.12.01.17* A. A new or used boiler, pressure vessel, or piping installation or reinstallation shall be installed in accordance with this chapter. B. Notice of Installation. (1) At least 30 days before installing or reinstalling a boiler or pressure vessel, the installer shall file with the chief boiler inspector written notice of the installation. (2) The notice of installation shall contain the following information for each boiler or pressure vessel to be installed: (a) Installer’s name, company name, contact person, address, telephone number, fax number, and email address; (b) Owner’s name, company name, contact person, street address, telephone numbers, fax number, and email address; (c) User’s name, company name, contact person, street address, telephone numbers, fax number, and email address; (d) Name of the location where the boiler or pressure vessel is installed, company name, contact person, street address, telephone numbers, fax number, and email address; (e) Type and use of boiler or pressure vessel; (f) If a boiler, the type of fuel; (g) If a pressure vessel, the pressurized fluid; (h) The minimum required safety valve capacity; (i) If the boiler or pressure vessel is greater than 30 boiler horsepower input or 1,000,000 Btu/hr minimum required safety valve capacity, and operates at greater than 15 psig, the name and Maryland license number of the stationary engineer responsible for the boiler or pressure vessel; (j) Manufacturer, date of manufacture, National Board number, and manufacturer’s serial number; (k) Construction code and section and stamp; (l) Name and contact information of the authorized inspection agency for the installation; (m) Planned date of installation, and planned date of startup; and (n) Whether a waiver of the 30 day notice requirement under §C of this regulation is requested, with a detailed explanation. C. Waiver of 30-day Notice Requirement. (1) If emergency or unusual circumstances are established by the installer, the chief boiler inspector shall waive the 30-day notice requirement. (2) To obtain a waiver, the installer shall file a written waiver request with the Chief Boiler Inspector as soon as the emergency or unusual circumstances arise; and give a detailed explanation of the emergency or unusual circumstances. (3) If the Chief Boiler Inspector grants a waiver under this section, the Chief Boiler Inspector shall also advise the installer of when the notice is due. D. Except for an existing boiler or pressure vessel being reinstalled, or as otherwise provided by this regulation, a boiler or pressure vessel may not be installed unless: (1) The boiler or pressure vessel has been constructed, inspected and stamped in accordance with the ASME Code and registered with the National Board; (2) The boiler or pressure vessel has been: (a) Constructed, inspected and stamped in accordance with the ASME Code; (b) Inspected and the inspector recommends acceptance; and (c) The Chief Boiler Inspector accepts the inspector’s recommendation; or (3) The boiler or pressure vessel has been constructed equal to or greater than Maryland standards and: (a) The person intending to construct or install the boiler or pressure vessel: (i) Applies to the Chief Boiler Inspector for approval prior to installation; and (ii) Together with the application files the manufacturer’s data report covering construction of the boiler or pressure vessel; (b) An inspector inspects the boiler or pressure vessel during construction and approves the design, materials, fabrication, welding, welding specification, welder’s qualifications, processes and workmanship; and (c) The Chief Boiler Inspector approves the boiler or pressure vessel and its installation. E. Reinstallation. (1) A used boiler or pressure vessel not moved to another state for use, or repair, or alteration may be reinstalled if the: (a) Owner applies to the Chief Boiler Inspector for permission; (b) Owner submits documents required by the Chief Boiler Inspector; and (c) Chief Boiler Inspector approves the reinstallation. (2) A used standard boiler or pressure vessel, if moved outside the state for use, repair, or alteration, may be reinstalled if the: (a) Owner applies to the Chief Boiler Inspector for permission; (b) Owner submits documents required by the Chief Boiler Inspector; and (c) Chief Boiler Inspector approves the reinstallation. (3) A used nonstandard boiler or pressure vessel, if moved outside the State for use, repair or alteration, may be reinstalled in Maryland if the: (a) Owner applies to the Chief Boiler Inspector and the Board for permission; (b) Owner submits documents required by the Chief Boiler Inspector and the Board; and (c) The Board of Boiler Rules approves the reinstallation. (4) Fittings and appliances of a stationary boiler or pressure vessel which is moved and reinstalled shall comply with the requirements for new installations. #### Regulation .18 Lap-Seam Crack. *COMAR 09.12.01.18* A. If a boiler or pressure vessel has a lap-seam crack along a longitudinal riveted joint, use of the shell or drum shall be discontinued immediately. B. If the boiler is not more than 15 years old, a complete new course of the original thickness may be installed upon: (1) Recommendation by the inspector; and (2) Approval of the chief boiler inspector. C. Patching a lap seam crack is prohibited. #### Regulation .19 Portable Boilers and Pressure Vessels. *COMAR 09.12.01.19* A. The installer and owner of a portable boiler or pressure vessel shall comply with all requirements of this chapter. B. While a portable boiler or pressure vessel is being moved, it shall not be operated. C. A portable boiler or pressure vessel shall receive an internal and external certificate inspection: (1) Annually; and (2) After it has been moved to a different location and installed before use. #### Regulation .20 Power Boiler — Existing Installation: Age Limit. *COMAR 09.12.01.20* A. Nonstandard Construction. (1) Except as otherwise provided in this regulation, the age limit of a boiler of nonstandard construction installed before the Act became effective shall be 30 years. (2) A boiler of nonstandard construction installed before the Act became effective, not having a lap-riveted longitudinal joint, may continue to operate for more than 30 years without reduction in working pressure after a: (a) Thorough internal and external inspection; and (b) Hydrostatic pressure test at 1-1/2 times the allowable working pressure, held for a period of at least 30 minutes, during which no distress or leakage develops. (3) A boiler having a lap-riveted longitudinal joint, which operates at a pressure greater than 50 PSI, has an age limit of 20 years. (4) The chief boiler inspector may authorize a reasonable time for replacement, not to exceed 1 year. B. Standard Construction. (1) The age limit of a boiler of standard construction installed before July 1, 1969 shall be determined by a: (a) Thorough internal and external inspection; and (b) Hydrostatic pressure test conducted at 1-1/2 times the maximum allowable working pressure, with water temperature between 70°F and 140°F and not less than the nil ductility temperature of the material. (2) A boiler that exhibits no distress or leakage under test conditions may continue in operation at the same working pressure. C. The shell or drum of a boiler having a lap-seam crack along a longitudinal riveted joint in either a butt seam or a lap joint may not be used under steam pressure. #### Regulation .21 Power Boiler — Existing Installation: Boiler Feed System. *COMAR 09.12.01.21* A. A boiler shall have a feed supply which permits it to be fed at any time while under pressure. B. A boiler having more than 500 square feet of water-heating surface shall have at least two means of feeding, as follows: (1) One means shall be an approved feed pump, injector, or inspirator; (2) The other source may be directly from a water main, at a pressure 6 percent greater than the set pressure of the safety valve having the highest setting. C. A boiler conforming to the ASME Code, PG-61.1, and fired by gaseous, liquid, or solid fuel in suspension may have a single feed supply provided that means are furnished for the immediate shutoff of heat input if the water feed is interrupted. D. Feedwater shall be fed into a boiler so that it will not be introduced: (1) Near a riveted joint of a shell or furnace sheet; or (2) Directly against a surface exposed to: (a) A product of combustion, or (b) Direct radiation from the fire. E. Feed Pipe. (1) Feed pipe shall have a: (a) Check valve near the boiler; and (b) Valve or cock between the check valve and the boiler. (2) When two or more boilers are fed from a common source, the branch to each boiler shall have a valve between the check valve and source of supply. (3) The inlet of a globe valve on a feed pipe shall be under the disc of the valve. F. Returns. (1) When a return is fed back to a boiler by gravity, each return line shall have, as close as practicable to the boiler, a: (a) Check valve; and (b) Stop valve placed between the boiler and the check valve. (2) It is recommended that no stop valve be placed in the supply and return pipe connection of a single boiler installation. G. Deaerating Heater. When a deaerating heater is: (1) Not used, the recommended minimum temperature for feedwater is 120°F to avoid creating localized stress. (2) Used, the recommended minimum feedwater temperature is 215°F, so that dissolved gases can be released completely. #### Regulation .22 Power Boiler — Existing Installation: Maximum Allowable Working Pressure. *COMAR 09.12.01.22* A. The maximum allowable working pressure on a standard boiler shall be determined in accordance with the ASME Code under which it was constructed and stamped. B. The maximum allowable working pressure on the shell of a nonstandard boiler shall be determined by the strength of the weakest section of the structure computed by multiplying TS by t and E and dividing the product by R multiplied by FS: (1) TS = ultimate tensile strength of the shell plate, PSI, which, if unknown, shall be: (a) 55,000 PSI for steel; and (b) 45,000 PSI for wrought iron; (2) t = minimum thickness of the shell plate of the weakest course, in inches; (3) E = efficiency of the longitudinal joint, which is, for: (a) Tube ligaments and riveted construction, established by Section I of the ASME Code for power boilers; and (b) Seamless construction, 100 percent; (4) R = inside radius of the weakest course of the shell, in inches; (5) FS = factor of safety required by this regulation; (6) The resistance to crushing of mild steel is assumed to be 95,000 PSI of cross-sectional area; (7) When computing the ultimate strength of rivets in shear, the following values, in pounds per square inch, of the cross-sectional area of the rivet shank shall be used: (a) Iron rivets in single shear 38,000 PSI; (b) Iron rivets in double shear 76,000 PSI; (c) Steel rivets in single shear 44,000 PSI; and (d) Steel rivets in double shear 88,000 PSI; (8) When the diameter of a rivet hole in a longitudinal joint of a boiler is not known, the diameter and cross-sectional area of the rivet, after driving, shall be: (a) Ascertained by cutting out one rivet in the body of the joint; or (b) As indicated in the following table: C. The maximum allowable working pressure on a: (1) Water-tube boiler having tubes secured to cast iron or malleable-iron headers, or having cast-iron mud drums, shall be 160 PSIG; (2) Cast-iron boiler, except a hot-water boiler, shall be 15 PSIG; (3) Boiler having lap-riveted longitudinal joints, operated at a pressure greater than 50 PSI, when removed from an existing setting and reinstalled, shall be 15 PSIG; and (4) Reinstalled horizontal-return tubular boiler having a continuous longitudinal lap seam more than 12 feet long, shall be 15 PSIG. D. Except as otherwise provided by this regulation, the lowest factor of safety shall be, for: (1) An existing installation: 4.5; (2) A horizontal-return tubular boiler having continuous longitudinal lap seams more than 12 feet long: 8; (3) A reinstalled or secondhand boiler having longitudinal seams of lap-riveted construction: 6; and (4) A reinstalled or secondhand boiler with longitudinal seams of butt and double-strap construction: 5. #### Regulation .23 Power Boiler — Existing Installation: Other Equipment. *COMAR 09.12.01.23* A. Blowoff Connection. (1) A boiler shall have a blowoff pipe, fitted with a valve or cock, connected directly to the lowest water space. The following apply: (a) A cock shall be of the gland or guard type, suitable for the pressure allowed; (b) A globe valve may not be used. (2) Settings. (a) The setting around a blowoff pipe shall permit free expansion and contraction. (b) To the maximum extent practicable, setting openings shall be sealed without restricting the movement of the blowoff piping. (3) Blowoff piping exposed to furnace heat shall be: (a) Protected by firebrick or other heat-resisting material; and (b) Constructed so that the piping can be inspected readily. (4) When the maximum allowable working pressure exceeds 100 PSIG: (a) A blowoff pipe shall have two valves or a valve and cock of at least extra-heavy type; (b) Blowoff piping shall: (i) Be at least extra-heavy non-galvanized steel, and (ii) Run full size without reducers or bushings. (5) A fitting between the boiler and a blowoff valve shall be steel. (6) A replacement blowoff pipe or fitting shall be installed in accordance with the ASME Code requirements for new installations. B. Steam Gage. (1) A steam boiler shall have a steam gage which: (a) Has a dial range of at least 1-1/2 times the maximum allowable working pressure; (b) Is connected to: (i) The steam space or steam connection to the water column, and (ii) A siphon or equivalent device of sufficient capacity to keep the gage tube filled with water; (c) Is arranged so that the gage can be shut off from the boiler only by a cock with a tee or lever handle: (i) Placed near the gage, and (ii) With the handle parallel to the pipe in which it is located, when the cock is open. (2) When a steam gage connection longer than 8 feet is necessary, a shutoff valve near the boiler may be used if the: (a) Valve is: (i) The outside-screw-and-yolk type, and (ii) Locked open; and (b) Line is: (i) Of ample size, and (ii) Permits free blowing. (3) A boiler shall have a 1/4 inch nipple and globe valve: (a) Connected to the steam space; and (b) Used only to attach a test gage while the boiler is in operation, to measure the accuracy of the boiler steam gage. C. Stop Valves. (1) Except for safety valve and water column connections, each steam outlet from a boiler shall have a stop valve as near as practicable to the boiler. (2) Drainage. (a) When a stop valve is located so water can accumulate, ample drains shall be provided. (b) Drainage shall be piped to a safe location and may not be discharged on the top of the boiler or its setting. (3) Common Steam Mains. (a) When boilers having manholes are connected to a common steam main, the steam connection from each boiler shall be fitted with two stop valves having an ample free blow drain between them. (b) The discharge of the drain shall be: (i) Visible to the operator while manipulating the valves; and (ii) Piped clear of the boiler setting. (c) A stop valve arrangement having one automatic non-return valve beside the boiler, and a second valve of the outside-screw-and-yoke-type, is recommended. D. Water Level Indicator. (1) Except for a damper regulator, feedwater regulator, low-water fuel cutout, drain, steam gage, or other apparatus that does not permit the escape of an appreciable amount of steam or water, no outlet connection shall be placed on piping that connects a water column to a boiler. (2) A water column shall have a valved drain of at least 3/4 inch pipe size. (3) The drain shall be piped to a safe location. (4) Gage Cocks. (a) Except as otherwise provided by this regulation, a boiler shall have at least three gage cocks within the visible length of the water glass. (b) A boiler shall have at least two gage cocks if the boiler: (i) Has two water glasses on the same horizontal line; or (ii) Is 36 inches or less in diameter, and has a heating surface of 100 square feet or less. (5) When a water gage glass is more than 30 feet above the boiler operating floor, remote water-level indicating or recording gages installed above the operating floor at eye level are recommended. #### Regulation .24 Power Boiler — Existing Installation: Safety Valve. *COMAR 09.12.01.24* A. A weighted-lever safety valve or a safety valve having a cast iron seat or disc: (1) May not be used after October 15, 1975; and (2) Shall be replaced by a direct, spring-loaded, pop-type valve that complies with the requirements of the ASME Code, Section I. B. A boiler shall have at least one safety valve. C. A boiler shall have at least two safety valves if the boiler has: (1) More than 500 square feet of water-heating surface; or (2) An electric power input of more than 500 kw. D. A safety valve shall be: (1) Connected to the boiler, independent of any other steam connection; (2) Attached: (a) As close as possible to the boiler, without unnecessary intervening pipe or fittings; and (b) With no valve of any type between the safety valve and the boiler; and (3) Installed in a manner that protects walkways and platforms from discharges. E. If an escape pipe is used: (1) There may not be a valve of any type between a safety valve and the atmosphere; (2) It shall be: (a) At least the full size of the safety valve discharge; and (b) Fitted with an open drain to prevent water from lodging in the upper part of a safety valve or escape pipe; (3) If a safety valve escape pipe has an elbow, the: (a) Elbow shall be located near the safety valve outlet; or (b) Escape pipe shall be anchored and supported securely. F. A boiler shall have sufficient safety valve capacity to discharge all steam the boiler can generate without allowing pressure to rise more than: (1) 6 percent above the highest pressure to which any valve is set; and (2) 6 percent above the maximum allowable working pressure. G. Settings. (1) At least one safety valve on a boiler shall be set at or below the maximum allowable working pressure. (2) Additional valves shall be set not more than 3 percent above the maximum allowable working pressure. (3) The range of settings of all safety valves on a boiler may not exceed 10 percent of the highest pressure to which any valve is set. H. When two or more boilers, operating at different pressures and safety valve settings, are interconnected, the lower pressure boilers or interconnected piping shall have safety valves of sufficient capacity to prevent over-pressure, considering the maximum generating capacity of all boilers. I. A boiler supplied with feedwater directly from a water main without the use of feeding apparatus other than a return trap, may not have a safety valve set at a pressure greater than 94 percent of the lowest pressure obtained in the supply main feeding the boiler. J. Relief Capacity. (1) The relief capacity of a safety valve shall be tested by one of the following: (a) An accumulation test (unless the valve is located on a boiler having a superheater or reheater), performed by shutting off all other steam-discharge outlets from the boiler and forcing fires to the maximum. The safety valve relief capacity shall be sufficient to prevent increased pressure in excess of 6 percent of the maximum allowable working pressure. (b) Measuring the maximum amount of fuel that can be burned, and computing the corresponding evaporative capacity on the basis of the heating value of the fuel, as outlined in the appendix of the ASME Code, Section I. (c) Measuring the maximum amount of feedwater that can be evaporated. (2) When either method in §J(1)(b) or (c) is used, the sum of the safety valve capacities shall equal or exceed the maximum evaporative capacity of the boiler. (3) If relief capacity is insufficient, additional valves shall be provided. #### Regulation .25 Power Boiler — Existing Installation: Miscellaneous. *COMAR 09.12.01.25* A. Repair or replacement of a fitting or appliance shall comply with the ASME Code. B. The ASME Code, Section VII, Recommended Guidelines for the Care of Power Boilers, is recommended as a guide for safe operating practices. C. A condition not specifically covered by this regulation: (1) Shall be treated as a new installation; or (2) May be referred to the chief boiler inspector for information about the requirements. #### Regulation .26 Pressure Vessel — Existing Installation. *COMAR 09.12.01.26* A. The maximum allowable working pressure for a standard pressure vessel: (1) Shall be determined in accordance with the ASME Code under which it was constructed and stamped; and (2) May not exceed the pressure shown on the manufacturer's name plate stamp and data report. B. Nonstandard Pressure Vessel—Maximum Allowable Working Pressure. (1) The maximum allowable working pressure on the shell of a nonstandard pressure vessel shall be determined by the strength of the weakest course computed by multiplying TS by t and E and dividing the product by R multiplied by FS: (a) TS = ultimate tensile strength of the shell plate, PSI, which, if unknown, shall be 55,000 PSI for steel, for temperatures not exceeding 700°F; (b) t = minimum thickness of the shell plate of the weakest course, in inches; (c) E = efficiency of the longitudinal joint, which is, for: (i) Riveted joints, the calculated riveted efficiency, and (ii) Fusion-welded and brazed joints: (d) R = radius of the weakest course of the shell, in inches, using the: (i) Inside radius, if the thickness is 10 percent or less of the radius, and (ii) Outside radius, if the thickness is greater than 10 percent of the radius; (e) FS = factor of safety required by this regulation. (2) The maximum allowable working pressure for a cylindrical nonstandard pressure vessel subjected to external or collapsing pressure shall be determined by the ASME Code, Section VIII, paragraphs UG-28 and UG-29. (3) Factor of Safety. (a) For an existing installation, the minimum factor of safety shall be at least four. (b) When necessary to ensure safe operation, the inspector may increase the factor of safety based on the: (i) Condition of the vessel; and (ii) Specific service to which it is subject. (4) The maximum allowable working pressure for formed heads under pressure shall be determined by the: (a) Appropriate formulas from the ASME Code, Section VIII, Division 1, Paragraphs UG-32, UG-33, and UG-35; and (b) Tensile strength and factors of safety set out in this regulation. C. If the inspector determines, because of conditions disclosed during an inspection, that the interior or exterior lining, covering, or brickwork should be removed to expose parts of the vessel not normally visible, the owner shall remove the material to permit: (1) Proper inspection; and (2) Drilling any part of the vessel where necessary to ascertain thickness. D. Safety Appliances. (1) To ensure safe operation, a pressure vessel shall have: (a) Safety and relief valves; and (b) Indicating and controlling devices. (2) Safety appliances shall be constructed, located, and installed so that they cannot readily be rendered inoperative. (3) The relief capacity of a safety valve shall be sufficient to prevent pressure in the vessel from rising more than 10 percent above the maximum allowable working pressure, with static head pressure factored into the calculation. (4) Safety valve discharge shall be carried to a safe place. E. Repairs and replacements of fittings and appliances shall comply with the requirements for new installations. #### Regulation .27 Repair. *COMAR 09.12.01.27* A. All repairs and alterations of boilers and pressure vessels shall conform to the requirements of the NBIC. B. The person performing repairs and alterations on a boiler or pressure vessel shall provide the chief boiler inspector with reports related to the repair as required by Regulation .28 of this chapter. C. The person certifying that the repair or alteration is complete and in accordance with the NBIC shall be a special inspector, deputy boiler, or Chief Boiler Inspector. #### Regulation .28 Reporting Requirements. *COMAR 09.12.01.28* A. Accident or Explosion Report. (1) After an accident or explosion the owner or operator shall notify the chief boiler inspector within 24 hours by email and by telephone. (2) Notification under §A(1) of this regulation shall contain the following information regarding the accident or explosion: (a) Name, address, telephone number, and other contact information of the individual reporting the incident; (b) Location and address of the incident; (c) Date and time of the incident; (d) Description of the incident; (e) Maryland registration number and National Board registration number; (f) Manufacturer, year of manufacture, and serial number; (g) Type of boiler or pressure vessel and maximum allowable working pressure; (h) Injuries including fatalities; and (i) Property damage. (3) A special inspector, immediately upon receiving a report of an accident or explosion, shall notify the chief boiler inspector. (4) Unless necessary to save human life, the owner or operator, or both, shall ensure that the boiler, pressure vessel, or any part of the boiler or pressure vessel is not removed or disturbed before the inspector conducts an inspection. B. An inspector shall file a report of a hazardous condition that affects the safe operation of a boiler or pressure vessel with the Chief Boiler Inspector within 24 hours by email. C. An authorized insurer shall file a report with the Chief Boiler Inspector by email within 24 hours if the insurance policy is cancelled, not renewed, or suspended due to an unsafe condition. D. An authorized insurer shall file a report with the Chief Boiler Inspector by email within 24 hours where the insurance coverage is denied as a result of an inspector’s first inspection. E. Inspection Report. (1) Within 30 days of the inspection date, an authorized inspection agency shall submit to the Chief Boiler Inspector: (a) A report of each certificate inspection; and (b) A report of each inspection of a boiler or pressure vessel that did not have a valid certificate at the time of the inspection. (2) The inspection report shall include at least the following information: (a) Date of the inspection; (b) Maryland registration number; (c) Owner’s identification number; (d) Manufacturer, year of manufacture, National Board registration number, manufacturer’s serial number; (e) Year of installation; (f) Location and address of the boiler or pressure vessel; (g) Name and address of the owner of the boiler or pressure vessel; (h) Name and address of the primary contact of the boiler or pressure vessel; (i) Name and address of the person to whom a certificate should be sent; (j) Name and address of the person to whom an invoice should be sent; (k) Specific location in the plant; (l) Type and use of the boiler or pressure vessel; (m) Whether a variance has been granted and if so, the terms of the variance; (n) ASME symbol stamped on the boiler or pressure vessel; (o) If a boiler, the fuel, the fuel train code, and the firing method; (p) If a pressure vessel, the pressurized fluid; (q) The stamped maximum allowable working pressure and the maximum allowable operating pressure and the set pressure of the pressure relief device; (r) The minimum required capacity of the pressure relief device, and the total installed pressure relief capacity; (s) The status of the boiler or pressure vessel; (t) The inspection type; (u) Whether a certificate is posted; (v) Whether the pressure gage was tested; (w) Whether the inspector recommends that a certificate be issued; (x) Whether a hydrostatic pressure test was performed, and if so, at what pressure; (y) Complete nameplate information or a photograph or rubbing of the nameplate; (z) A statement of the condition of the boiler or pressure vessel, in general and specifically as needed, including violations; (aa) If violations were noted, the recommended corrective action to take; (bb) The name of the owner or owner’s representative to whom the report was explained, with contact information; (cc) The name of the authorized inspection agency; and (dd) The name of the inspector, the inspector’s National Board commission number, and the inspector’s Maryland commission number. (3) An inspection of a historical boiler shall be reported on: (a) National Board Form C-1; and (b) A Maryland inspection report form. (4) Method of Filing an Inspection Report. (a) A report shall be submitted electronically in the format required by the Chief Boiler Inspector, unless to do so would create an undue burden. (b) If a report is not submitted electronically in the format required by the Chief Boiler Inspector it shall be: (i) Submitted on the Maryland inspection report form; and (ii) Subject to a filing fee, payable by the authorized inspection agency. F. An authorized insurer shall file a report of insurance change with the Chief Boiler Inspector within 30 days after an insurance policy is issued, cancelled, not renewed, or suspended for any reason. G. A manufacturer shall file a manufacturer’s data report with the Chief Boiler Inspector through the National Board for each of its boilers and pressure vessels to be operated in Maryland. H. Repair and Alteration Reports. (1) A person performing repairs or alterations on a boiler or pressure vessel shall provide the Chief Boiler Inspector and the owner with a written report of each repair or alteration within 30 days of the completion of the repair or alteration. (2) The repair or alteration report shall include at least the following: (a) Name and address of the company performing the repair or alteration; (b) Owner and location, including the address of the boiler or pressure vessel; (c) Maryland registration number and National Board registration number; (d) Manufacturer and serial number; (e) Description of the repair or alteration; and (f) Completion of certificate of compliance and certificate inspection. I. Inventory Report. (1) Within 3 days of the first day of each month, each authorized insurer shall submit to the Chief Boiler Inspector an inventory report of each boiler and pressure vessel that it insures. (2) Within 3 days of the first day of each month, each owner-user inspection service shall submit to the Chief Boiler Inspector an inventory report of each boiler and pressure vessel it owns. (3) The inventory report shall contain at least the following information about each boiler and pressure vessel: (a) Maryland registration number; (b) Name of the manufacturer, year of manufacture, and National Board number; (c) Manufacturer’s serial number; (d) Owner’s identifying number; (e) Type of boiler or pressure vessel; (f) Location and address of the boiler or pressure vessel; and (g) Name and address of the owner of the boiler or pressure vessel. (4) Method of Filing an Inventory Report. (a) An inventory report shall be submitted electronically in the format required by the Chief Boiler Inspector, unless to do so would create an undue burden. (b) If an inventory report is not submitted electronically in the format required by the Chief Boiler Inspector it shall be subject to a filing fee, payable by the authorized inspection agency. #### Regulation .28-1 Record Keeping. *COMAR 09.12.01.28-1* An owner or user of a boiler or pressure vessel shall maintain a legible copy of inspection, maintenance, repair, and alteration records. A. At a readily accessible central location in the building where the boiler or pressure vessel is located; and B. For the life of the boiler or pressure vessel. #### Regulation .28-2 Database Report of Boilers and Pressure Vessels. *COMAR 09.12.01.28-2* A. An authorized insurer shall develop a database report of boilers and pressure vessels that it insures. B. An owner-user inspection service shall develop a database report of the boilers and pressure vessels it owns. C. The database report required by §§A and B of this regulation shall contain the following information about each boiler and pressure vessel: (1) Maryland registration number and National Board registration number; (2) Name and address of the owner of the boiler or pressure vessel; (3) Location and address of the boiler or pressure vessel; (4) Type of boiler or pressure vessel; (5) Name of the manufacturer and serial number; (6) Date or dates the certificate inspection was completed; (7) Name of the special inspector conducting the inspection; and (8) Last inspection date. D. Submission of Database Report. (1) A copy of the database report required by §§A and B of this regulation shall be submitted to the chief boiler inspector by September 1, 2001. (2) After September 1, 2001, the database report and annual updates to the database report shall be submitted to the chief boiler inspector by January 15 of each year. E. Database reports submitted by an authorized insurer pursuant to §D of this regulation shall reflect all boilers and pressure vessels that the company insures including: (1) Each certificate inspection; and (2) Each time that the authorized insurer adds or drops a boiler or pressure vessel from coverage. F. Filing Reports. (1) Database reports shall be filed by an authorized insurer or owner-user inspection service in an electronic format that is acceptable to the chief boiler inspector. (2) The chief boiler inspector shall notify authorized insurers and owner-user inspection services of the acceptable electronic formats. (3) Database reports not submitted electronically by an authorized insurer or owner-user inspection service shall be submitted on the form provided by the chief boiler inspector. (4) Database reports not submitted electronically by an authorized insurer are subject to the filing fee provisions of Public Safety Article, §12-910(a)(3), Annotated Code of Maryland. #### Regulation .28-3 Quality Assurance Program. *COMAR 09.12.01.28-3* Each authorized inspection agency shall make available for review by the Chief Boiler Inspector, the quality assurance program documents that were submitted to the National Board for accreditation as an authorized inspection agency. #### Regulation .29 Safety Appliance Removal. *COMAR 09.12.01.29* A. When a boiler or pressure vessel is operating, a person may not remove, modify, alter, or repair a safety appliance required by these regulations. B. When a boiler or pressure vessel is not operating and a safety appliance is removed for modification, alteration, or repair the appliance shall be reinstalled in proper working order before the boiler or pressure vessel resumes operation. C. A safety valve may not be loaded to maintain a working pressure greater than the maximum allowable operating pressure. #### Regulation .30 Stamping. *COMAR 09.12.01.30* A. At the first post-installation internal or certificate inspection, the inspector shall assign to a boiler or pressure vessel a Maryland serial number that is: (1) At least 5/16 of an inch in height; (2) Configured as follows: (a) For power boilers MD 0000; (b) For heating boilers MD 0000H; (c) For pressure vessels MD 0000V; (d) For nuclear vessels MD 0000N; and (3) Stamped on: (a) The boiler or pressure vessel, or (b) A metal tag at least 1 inch in height, securely attached to the front of: (i) A low pressure heating boiler constructed of cast iron, or (ii) A pressure vessel constructed of cast iron or other material of a thickness that should not be stamped. B. Unless a record is kept showing the location of stamping so that the stamping can be uncovered readily, stamping: (1) May not be concealed by lagging or paint; and (2) Shall be exposed at all times. C. When a boiler or pressure vessel stamp is indistinct: (1) An inspector shall direct the owner to have the boiler or pressure vessel restamped; (2) The owner shall: (a) Request from the chief boiler inspector permission to restamp, and (b) Submit with the request, proof of the original stamp; and (3) If the chief boiler inspector authorizes restamping, an inspector shall: (a) Observe the restamping, and (b) File with the chief boiler inspector notice of the restamping, and a facsimile of the stamp applied. D. A condemned boiler or pressure vessel shall be stamped with: (1) Letters 5/16 of an inch in height; and (2) The configuration XXX MD XXX. #### Regulation .31 Variance from Regulation. *COMAR 09.12.01.31* A. A person who believes that a regulation is unreasonable or imposes an undue burden on an owner may request the Board of Boiler Rules to grant a variance from that regulation. B. An application for variance shall: (1) Be in writing; (2) Specify the: (a) Name and address of the applicant, (b) Regulation from which the applicant seeks a variance, (c) Location, equipment, and practices involved; (3) State: (a) In detail, the reasons why the applicant requests the variance, and (b) The steps the applicant has taken and will take, with specific dates when appropriate, to protect employees and the public against the hazard covered by the regulation; (4) Certify that the applicant has given appropriate notice of the application to: (a) The applicant's employees affected by the variance, (b) All authorized representatives of the affected employees, and (c) Other persons affected by the condition for which a variance is sought; (5) Include a: (a) Copy or description of the required notice, and (b) List of the names and addresses of persons entitled to notice. C. Order of Variance. (1) After an investigation and such hearing as it may direct, the Board of Boiler Rules may grant a variance from a regulation. (2) An order of variance may impose special conditions necessary to ensure equivalent safety. D. When there is reason to believe, or when a complaint is received, that a variance does not provide safety equivalent to the regulation, the Board of Boiler Rules may continue, suspend, revoke, or modify the conditions specified in a variance order after: (1) Notice to the owner and to the complainant, if any; and (2) Such investigation and hearing as the Board of Boiler Rules may direct. E. A declaration, act, or omission of the Board of Boiler Rules, the chief boiler inspector, a deputy boiler inspector, or a special inspector, other than a written order authorizing a variance in accordance with this regulation, may not exempt an owner from full compliance with this chapter. #### Regulation .32 Vacant *COMAR 09.12.01.32* #### Regulation .33 Model Steam Boilers. *COMAR 09.12.01.33* A. Model steam boilers are subject to the requirements of Regulations .01, .01-1, .05, .08, .09, .14—.16, .19, and .27—.31 of this chapter. B. Repealed. C. A model steam boiler may not be operated in Maryland unless it has a valid: (1) Maryland inspection certificate; or (2) Inspection or operating certificate issued by another state having standards equivalent to the requirements of this regulation. D. Inspection Certificate. (1) Unless sooner suspended or revoked, an inspection certificate expires 1 year from date of issuance. (2) An inspection certificate shall specify the maximum operating pressure of the model steam boiler, determined in accordance with this regulation. E. Initial Test. (1) Before an initial test of a model steam boiler: (a) An owner shall provide the inspector with: (i) Construction drawings, (ii) Material specifications, (iii) Welding and brazing information, (iv) Stress calculations, in accordance with §H of this regulation, (v) The calculated factor of safety, (vi) Requested maximum operating pressure, (vii) The name and qualifications of the manufacturer and assembler, and (viii) The name and qualifications of the designer, if available; and (b) An inspector shall verify that the design of the model steam boiler is in accordance with the documents provided. (2) Before being put into operation, a new model steam boiler shall be tested hydrostatically to a pressure of at least two times the maximum operating pressure. F. Inspection. (1) A model steam boiler shall be tested: (a) Annually; and (b) After repair or modification. (2) An owner requesting an inspection of a model steam boiler shall supply test equipment, including: (a) Water source, pump, pressure lines, and master test gage; and (b) Plugs, gags, or caps to replace safety valves or other appurtenances, if needed to prevent damage by the required test pressure. (3) An inspector: (a) Shall conduct an external inspection and, to the extent possible, an internal inspection, to ascertain the physical condition of the model steam boiler before the hydrostatic test is conducted; (b) Shall witness the hydrostatic test; (c) May require that: (i) A model steam boiler be placed in operation so the inspector can make further observations and check safety valve operation, and (ii) An accumulation test be conducted in accordance with Regulation .24J(1)(a) of this chapter; and (d) If the test is completed successfully, shall sign the test report and file it with the chief boiler inspector. (4) A hydrostatic test: (a) Except as otherwise provided by this regulation, shall be applied at 1-1/2 times the maximum operating pressure; (b) May be conducted using a model steam boiler's feed pump and pressure gage, if the: (i) Range of the gage is sufficient, and (ii) Gage has been calibrated in accordance with this regulation; and (c) May not be approved if the model steam boiler: (i) Shows leakage, bulging or displacement of a sheet, firebox, barrel, or other surface exposed to pressure, or (ii) While pressure is being increased or is at the maximum level, experiences a serious leak, unusual sound, or sudden drop in pressure. G. Equipment. (1) Safety Valve. (a) A model steam boiler shall have two or more safety valves. (b) Each safety valve shall be set at or below the maximum operating pressure. (c) A model steam boiler shall: (i) Have sufficient safety valve capacity to discharge all steam the model steam boiler can generate, without allowing pressure to rise more than 6 percent above the maximum operating pressure; and (ii) Comply with the requirements of the ASME Code, Section I, Paragraph PG-70. (2) Steam Gage. If a steam gage: (a) Has sufficient range: (i) It may be left in place during a test, (ii) A record shall be made of its readings and compared with the master test gage, and (iii) If test readings conflict, the steam gage shall be recalibrated or replaced; (b) Does not have sufficient range for test pressure: (i) The steam gage shall be removed and calibrated with the test gage or with a dead weight tester, and (ii) A test gage shall be used to conduct the test. H. Maximum operating pressure, as designated on the inspection certificate: (1) For a model steam boiler on a locomotive, shall be that necessary to move the locomotive, considering cylinder dimension and weight on driving wheels; (2) For other model steam boilers, shall be that necessary for optimum operation of the engine; and (3) May not exceed the maximum allowable working pressure. I. Maximum Allowable Working Pressure. (1) Maximum allowable working pressure on: (a) The shell of a model steam boiler shall be computed by the formula: (s X t X c)/r = maximum allowable working pressure, PSIG, where: (i) s = maximum allowable material stress, PSI, (ii) t = minimum thickness of the shell wall, in inches, (iii) c = constant, which for a seamless shell shall be 1.0, and for a welded shell shall be 0.8, and (iv) r = outside radius of the shell, in inches; (b) A stayed surface shall be computed by the formula: (t squared X s X c)/p squared = Maximum allowable working pressure, PSIG, where: (i) c = constant, which for welded or silver soldered stay bolts without heads shall be 2.1, and for welded or silver soldered stay bolts with heads shall be 2.8, (ii) p = stay bolt pitch, in inches, using the largest dimension if the spacing is not square, (iii) s = maximum allowable material stress, PSI, and (iv) t = minimum thickness of the wall, in inches; (c) A stay bolt shall be computed by the formula: (a X s)/(h X v) = maximum allowable working pressure, PSIG, where: (i) a = cross sectional area of stay bolt, root of thread, if threaded, in square inches, (ii) h = stay bolt horizontal spacing, in inches, (iii) s = maximum allowable material stress, PSI, and (iv) v = stay bolt vertical spacing, in inches. (2) The calculated factor of safety shall be computed by the formula: ((maximum allowable ASME Code calculated working pressure, PSIG)/(maximum operation pressure, PSIG)) X (ASME Code factor of safety) = calculated factor of safety (3) The maximum allowable material stress shall be, for: (a) Carbon steel: (i) Ultimate tensile strength: 50,000 PSI; (ii) ASME Code factor of safety: 4; (iii) Allowable working stress: 12,500 PSI; and (iv) A temperature allowance is not required for pressures up to 250 PSI. Allowable stress values for pressures above 250 PSI shall comply with the requirements of the ASME Code, Section I, Part PG-23. (b) Copper: (i) Ultimate tensile strength: 30,000 PSI; (ii) ASME Code factor of safety: 5; and (iii) Allowable working stress, with temperature allowance: #### Regulation .34 Historic Boilers. *COMAR 09.12.01.34* A. Except as provided for in this regulation, a historical boiler shall be installed, inspected, operated, repaired, or altered in accordance with the NBIC. B. Inspection. (1) An initial inspection shall be conducted: (a) To determine baseline criteria needed for the operating life of the boiler; (b) In accordance with the requirements outlined in the NBIC; (c) On any boiler not previously inspected in Maryland; and (d) On any boiler which has not received a certificate inspection in Maryland in the previous 2 years. (2) Except as provided in this subsection, a historical boiler shall be inspected at the inspection intervals of the NBIC: (a) An internal inspection shall be conducted annually; (b) An external inspection shall be conducted annually; (c) After a repair or alteration, a historical boiler shall be inspected before operation; and (d) If an inspection detects a condition warranting further investigation, an inspector may require further investigation. (3) Before an inspection, an owner shall, upon request, provide the inspector with: (a) Stress calculations in accordance with this regulation; (b) The calculated factor of safety; (c) Requested maximum allowable operating pressure; (d) The two most recent ultrasonic thickness examination maps; and (e) Any other documentation required by the NBIC. (4) During an inspection, an inspector may: (a) Examine all documents pertaining to the qualifications of the operator; and (b) Assess an operator’s demonstrated understanding of the operational requirements of the historical boiler. C. Hydrostatic Pressure Test. (1) A historical boiler shall be hydrostatically tested to a pressure of not less than the maximum allowable operating pressure but no more than 1-1/4 times the maximum allowable operating pressure. (2) After a repair or alteration, a historical boiler shall be tested hydrostatically to a pressure of not less than 1¼ times the maximum allowable operating pressure but no more than 1½ times the maximum allowable operating pressure. (3) An owner shall supply the necessary test equipment required by the inspector for the hydrostatic test including: (a) Water source, pump, pressure lines, and calibrated test gauge; and (b) Plugs, gags, or caps to replace safety valves or other appurtenances if needed to prevent damage from the required test pressure. D. Maximum Allowable Operating Pressure. (1) The maximum allowable operating pressure shall be determined by the inspector in accordance with the NBIC and ASME Code. (2) The maximum allowable operating pressure for objects containing wrought iron will be determined by considering the following: (a) For pressures up to 250 psi a temperature allowance is not required; and (b) For pressures above 250 psi the allowable stress values shall comply with the requirements of the ASME Code, Section I, Part PG-23. (3) The maximum allowable operating pressure for objects containing materials other than carbon steel or wrought iron shall be determined in accordance with the ASME Code. E. Training. (1) A person who operates a historical boiler shall retain a written record of their training. (2) Upon request, a person who operates a historical boiler shall provide the Chief Boiler Inspector with a copy of their training record. F. Historical boilers with a certificate of inspection issued by another jurisdiction may operate in Maryland under the following circumstances: (1) An owner of a historical boiler may request that the Chief Boiler Inspector recognize a certificate of inspection issued by another jurisdiction; (2) In evaluating a request for recognition of a certification of inspection by the other jurisdiction, the Chief Boiler Inspector may conduct an inspection of a historical boiler to verify: (a) Compliance with the NBIC; and (b) Satisfaction of safety requirements that are equal to or greater than Maryland’s requirements; (3) If the Chief Boiler Inspector conducts an inspection to evaluate a historical boiler with a certificate of inspection from the other jurisdiction, the Chief Boiler Inspector shall examine the following: (a) Verification and validation of the certificate of inspection from the other jurisdiction; (b) Examination of all documents required by this regulation and by the NBIC; (c) Examination of all documents pertaining to the qualifications of the operator; (d) Demonstrated understanding of the operational requirements by the operator of the historical boiler; and (e) Other tests at the discretion of the inspector including but not limited to: (i) An external inspection; (ii) A determination of the maximum allowable operating pressure in Maryland; and (iii) Operation at the maximum allowable operating pressure in Maryland; and (4) If the Chief Boiler Inspector determines that a historical boiler with a certificate of inspection issued by another jurisdiction is in compliance with safety requirements that are equal to or greater than Maryland, the Chief Boiler Inspector shall issue a certificate of inspection. G. A historical portable steam boiler shall not be operated at a pressure greater than: (1) 15 psig when being moved at a speed of 5 miles per hour or less; and (2) Zero psig when being moved at a speed greater than 5 miles per hour. #### Regulation .35 Citations. *COMAR 09.12.01.35* A. If, after an inspection or investigation, the Commissioner finds that, within the immediately preceding 6 months, a person has violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, the Commissioner shall issue a citation to the person. B. Each citation shall: (1) Be in writing; (2) Describe, in detail, the nature of the alleged violation; (3) Cite the provision or provisions of Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, regulation, or order that the person is alleged to have violated; (4) Set a reasonable time for correction of the alleged violation; (5) State the proposed civil penalty, if any, that the Commissioner intends to impose; and (6) Inform the person of the right to a hearing under §E of this regulation. C. The Commissioner shall serve the citation on each named person by: (1) Certified mail, return receipt requested; or (2) Personal delivery, if the person serving the document certifies to the manner and date of service. D. A person who receives a citation shall: (1) Upon receipt of the citation, post the citation, or an unedited copy, conspicuously at or near each place where the citation alleges that a violation occurred; (2) Post the citation, or an unedited copy, conspicuously at its place of business where: (a) Notices to employees are usually posted; and (b) Notices to the public are usually posted; (3) Ensure that the posted citation is not: (a) Removed; (b) Altered; (c) Defaced; or (d) Covered; and (4) Ensure that the citation remains posted for the later of: (a) The time the violation described in the citation is corrected; or (b) 3 workdays. E. Within 15 workdays after a person receives notice of a citation under §C of this regulation, the person may submit to the Commissioner a written request for a hearing on the citation or proposed civil penalty. F. Unless a person requests a hearing as provided in §E of this regulation, a citation, including a notice of a proposed civil penalty, is considered a final order. G. The Commissioner, or the Commissioner’s designee, shall give notice of a hearing and hold the hearing under §E of this regulation in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, as supplemented by Regulation .09 of this chapter. H. A person shall correct each violation for which the Commissioner issues a citation within the time set for correction in the citation or a final order under this chapter. #### Regulation .36 Penalties. *COMAR 09.12.01.36* A. The Commissioner may impose a civil penalty, not exceeding $1,000 for each violation, against a person who violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, if: (1) The violation involves recordkeeping, notice, filing, access, or posting requirements; (2) An inspection is not conducted on time; or (3) The Commissioner finds that the violation is less than serious. B. The Commissioner may impose a civil penalty, not exceeding $2,500 for each violation, against a person who violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, if a substantial probability of death, serious physical injury, or serious damage to property exists because of the violation, unless the person did not know and with reasonable diligence could not have known of the violation. C. The Commissioner may impose a civil penalty, not exceeding $5,000 for each violation, against a person who: (1) Operates a boiler or pressure vessel without a certificate of inspection from the Commissioner; (2) Operates a boiler or pressure vessel that has been prohibited from use; or (3) Willfully or repeatedly violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law. D. Before the Commissioner imposes a civil penalty, the Commissioner shall consider the appropriateness of the penalty in relation to: (1) The size of the business of the person against whom the penalty is to be imposed; (2) The nature or gravity of the violation for which the penalty is to be imposed; (3) The good faith of the person; and (4) Any previous violations by the person. E. The Commissioner may impose a civil penalty, not exceeding $1,000 for each day a violation continues, against a person who fails to correct the violation in the time set for its correction. F. Each civil penalty shall be paid into the General Fund of the State. #### Regulation .37 Miniature Boilers. *COMAR 09.12.01.37* A. Miniature boilers are exempt from the requirements of CSD-1, except that they shall have: (1) An emergency shut-off switch located outside of the main point of access and egress to the boiler room, unless the installer can establish that this location would allow access by the general public that could be detrimental to the operation of the boiler; and (2) A lockable service disconnect. B. Control and safety devices for miniature boilers shall comply with: (1) The code under which they were constructed and stamped; and (2) The recommendations and requirements in the manufacturer's installation manual. C. If a conflict between §B(1) and (2) of this regulation occurs, the code under which they were constructed and stamped shall be followed. #### Regulation .38 Kitchen Equipment Boilers. *COMAR 09.12.01.38* A. Kitchen equipment boilers are exempt from the requirements of CSD-1, except that they shall have: (1) An emergency shut-off switch located outside of the main point of access and egress to the kitchen, unless the installer can establish that this location would allow access by the general public that could be detrimental to the operation of the boiler; and (2) A lockable service disconnect. B. Control and safety devices for kitchen equipment boilers shall comply with: (1) The code under which they were constructed and stamped; and (2) The recommendations and requirements in the manufacturer's installation manual. C. If a conflict between §B(1) and (2) of this regulation occurs, the code under which they were constructed and stamped shall be followed. ### Chapter 02 — Equal Pay for Equal Work **Administrative History:** Effective date: **Administrative History:** Regulations .01—.02 adopted as an emergency provision effective November 4, 2008 (35:24 Md. R. 2068); emergency status extended at 36:13 Md. R. 897; emergency status expired October 20, 2009 ### Chapter 03—10 — *VACANT* ### Chapter 11 — Fee Charging Employment Agencies **Authority:** Business Regulation Article, §9-204, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01—16 effective April 4, 1973 **Administrative History:** Regulations .02 and .05 repealed, and .04, .09, .16—.18, and .22 amended effective February 13, 1984 (11:3 Md. R. 199) **Administrative History:** Regulations .17—.22 effective April 16, 1975 (2:8 Md. R. 564) **Administrative History:** Regulation .22 amended effective September 14, 1977 (4:19 Md. R. 1467) **Administrative History:** Regulation .23 adopted effective September 14, 1977 (4:19 Md. R. 1467) **Administrative History:** Chapter revised effective August 8, 1988 (15:16 Md. R. 1913) #### Regulation .01 Definitions. *COMAR 09.12.11.01* A. The following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means a person, employed or unemployed, who either seeks employment or enters into an arrangement concerning employment through an employment agency. “Applicant” does not include either a person applying for an employment agency license or a prospective employee for an employment agency. (2) “Commissioner” means the Commissioner of Labor and Industry, or a duly designated representative. (3) “Employer” means any person, firm, corporation, partnership, or association that employs or seeks to enter into an arrangement to employ any person through an employment agency. (4) “Method of payment” means the specific procedure for paying the employment agency's placement fee after placement is made. (5) “Permanent placement fee” means the net fee charged by an employment agency for any placement after discounts or other fee reductions allowed by the agency. #### Regulation .02 Out-of-State Agency. *COMAR 09.12.11.02* A. Any out-of-State employment agency shall obtain an employment agency license and bond if the agents, managers, or counselors act as an employment agency in this State. B. This regulation applies to an out-of-State employment agency operating from either a permanent or a temporary place of business within the State. #### Regulation .03 Providing Copies of the Law. *COMAR 09.12.11.03* An employment agency shall provide each general manager and counselor with a current copy of the employment agency law and regulations. #### Regulation .04 Contracts. *COMAR 09.12.11.04* Each contract that an employment agency submits to an applicant shall: A. Be printed in 6-point type size or larger; and B. State: (1) "Employment shall be considered to be temporary when within 90 days after employment commences the employment is terminated through 'no fault' of the applicant, or the employment is voluntarily terminated by the applicant with 'just cause.' A temporary placement fee may be charged to any such applicant for such temporary employment, such fee not to exceed twenty (20) percent of the total compensation received or seventy-five (75) percent of the permanent placement fee for the same position, whichever is the lesser. (2) In bold face capital letters above signature line: “I HAVE READ AND UNDERSTAND THE ABOVE CONTRACT AND HAVE RECEIVED A DUPLICATE OF THE CONTRACT.” (3) In a prominent place on the first page, “Licensed and regulated by the Commissioner of Labor and Industry, State of Maryland, telephone number, area code (301) 333-4211”. (4) The method of payment. In the event the employee is discharged 'for cause' or voluntarily leaves employment without 'just cause' within 90 days after employment commences, a fee not to exceed 75% of the permanent placement fee may be charged to any such applicant. " #### Regulation .05 Fee Statement. *COMAR 09.12.11.05* An employment agency shall provide to each applicant a separate document clearly stating the: A. Fee amount; B. Annual interest percentage rate; and C. Amount of any service charge or interest. #### Regulation .06 Records. *COMAR 09.12.11.06* A. Each employment agency shall maintain a record of services provided to each employer and applicant. B. Each record shall: (1) Be maintained for a period of 2 years; (2) Contain the following: (a) The name and address of the employer and the applicant; (b) A description of the positions: (i) Offered by the employer, and (ii) Accepted by the applicant; (c) The wage or salary of the position accepted by the applicant; (d) The permanent or temporary placement fee; (e) The amount and date of any fee payment; (f) The amount and date of any fee refund and the reason for it; and (g) If the position accepted is not permanent, its expected duration. #### Regulation .07 Third Party Representative. *COMAR 09.12.11.07* A. When an employer requests a third party representative to recommend an individual for employment in the same, similar, or other affiliated place of employment, and the representative requests an employment agency to refer applicants to be interviewed, the representative shall be considered the agent of the employer. B. The request to the employment agency is considered to be a bona fide job order from the employer. #### Regulation .08 Refunds. *COMAR 09.12.11.08* A. An employment agency shall comply with the provisions concerning placement fee refunds set forth in Business Regulation Article, §9-318, Annotated Code of Maryland. B. When the Commissioner of Labor and Industry orders a refund to be made by an employment agency to an applicant, the refund shall be made within 14 calendar days from the date of the order. #### Regulation .09 Fee Payment. *COMAR 09.12.11.09* A. When an applicant is referred to the same position or employer by two employment agencies, the fee shall be paid to the employment agency which was instrumental in securing the position. B. An applicant who accepts an employer fee-paid position may be held liable for the fee only: (1) Upon employer non-payment; and (2) If the employment agency notified the applicant of the potential liability either in the contract or in a separate memorandum presented before the applicant accepted the position. #### Regulation .10 Prohibited Solicitations and Inducements. *COMAR 09.12.11.10* An employment agency may not solicit, persuade, or induce: A. After receiving a fee, any applicant to leave any employment in which the employment agency has placed the applicant; or B. An employer to discharge an employee placed by the employment agency. #### Regulation .11 Special Services Agreement. *COMAR 09.12.11.11* A. An employment agency may negotiate a separate agreement with an employer for special services regarding: (1) Recruitment; (2) Search; (3) Screening; (4) Referrals; and (5) Placement. B. Any separate agreement may not violate the law or these regulations. #### Regulation .12 Job Order Number. *COMAR 09.12.11.12* An employment agency shall: A. Assign each employee fee-paid or employer fee-paid position a job order number; B. Include the job order number assigned to the position in: (1) Any advertisement, and (2) The file of the order; and C. Maintain job orders in numerical sequence by job order number. #### Regulation .13 Employment Counselor's License. *COMAR 09.12.11.13* A person licensed as an employment counselor by the Commissioner shall: A. Display the license in a prominent place at the employment agency where the counselor is employed; and B. When acting in the capacity of an employment counselor, use only the name in which the license is issued. #### Regulation .14 Rules of Procedure for Hearings. *COMAR 09.12.11.14* A. This regulation supplements the requirements of State Government Article, §10-208, Annotated Code of Maryland. B. Hearing Procedure. (1) During a hearing, a party in interest may make any relevant statement or argument either directly or through counsel. (2) Presiding Officer. (a) “Presiding officer” means the Commissioner or an individual authorized to conduct a hearing. (b) The presiding officer shall: (i) Call the title of the case; (ii) Briefly explain the purpose and nature of the hearing; (iii) Recite any charge, complaint, or other matter involved; (iv) Receive stipulations entered into by the parties; and (v) Administer the oath to all persons who are summoned or intend to testify. (c) The presiding officer may examine any witness. (3) Counsel for any interested party or a party may raise and address any preliminary objection, exception, or motion. (4) The following exhibits shall be introduced: (a) If the presiding officer is a designee, a copy of the letter designating the individual to preside at the hearing; (b) A copy of the petition, complaint, or other matter involved in the hearing; and (c) A copy of the notice of hearing. (5) Presentation of Evidence. (a) “Presentor” means the assistant attorney general assigned to present evidence. (b) The presentor shall introduce information obtained as a result of any investigation caused to be made by the Commissioner of Labor and Industry. (c) Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party or presentor may: (i) Present, examine, and cross-examine witnesses; and (ii) Offer nontestimonial evidence. C. Decision and Order. (1) If the presiding officer at the hearing is a designee, the presiding officer shall make findings of fact and file them with the Commissioner. (2) The Commissioner shall issue a decision and order containing: (a) Findings of fact based on evidence presented at the hearing; (b) Conclusions of law applying law to factual findings; and (c) An order disposing of the case. (3) A copy of the decision and order shall be served on each party or the party's counsel of record. ### Chapter 12—19 — *VACANT* ### Chapter 20 — Occupational Safety and Health **Authority:** Labor and Employment Article, §§2-106(b)(4), 5-212, 5-213, 5-312, and 5-702, Annotated Code of Maryland **Administrative History:** Effective date: July 5, 1993 (20:13 Md. R. 1047) **Administrative History:** Regulation .03H adopted effective October 23, 2006 (33:21 Md. R. 1675) **Administrative History:** Regulation .05D adopted effective July 17, 2006 (33:14 Md. R. 1163) **Administrative History:** Regulation .07 amended effective February 25, 2008 (35:4 Md. R. 513) **Administrative History:** Regulation .08 amended effective October 23, 1995 (22:21 Md. R. 1615) **Administrative History:** Regulation .15A, E amended effective April 16, 2012 (39:7 Md. R. 490) **Administrative History:** Regulation .19 amended effective October 23, 1995 (22:21 Md. R. 1615) **Administrative History:** Regulation .19 repealed as an emergency provision effective February 12, 2002 (29:5 Md. R. 499); repealed permanently effective May 13, 2002 (29:9 Md. R. 744) **Administrative History:** Regulation .21 adopted effective October 20, 1997 (24:21 Md. R. 1448) #### Regulation .01 Definitions. *COMAR 09.12.20.01* A. In this chapter and COMAR 09.12.21 and 09.12.22, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Maryland Occupational Safety and Health Act, Labor and Employment Article, Title 5, Annotated Code of Maryland. (2) “Establishment” means: (a) A single physical location where business is conducted or where services or industrial operations are performed; and (b) Each distinct activity, where distinctly separate activities are performed at a single physical location. (3) Inspection. (a) “Inspection” means an inspection of an employer's factory, plant, establishment, construction site, other area, workplace, or environment where work is performed by an employee of an employer. (b) “Inspection” includes: (i) Complaint inspection; (ii) Reinspection; (iii) Followup inspection; (iv) Accident investigation; or (v) Other inspection conducted under the Act. (4) “Inspector” means an individual authorized by the Commissioner to conduct an occupational safety and health inspection under Labor and Employment Article, §5-208, Annotated Code of Maryland. (5) Work Days. (a) “Work days” means Mondays through Fridays, excluding State holidays. (b) “Work days” does not include the day a notice is received. #### Regulation .02 Posting Notice and Copies of the Act. *COMAR 09.12.20.02* A. An employer shall post a notice, available from the Commissioner, which informs employees: (1) Of the protections and obligations provided for by the Act; and (2) That for assistance and information, including copies of the Act and of specific occupational safety and health standards, to contact the employer or the Commissioner. B. Location. (1) An employer shall post the notice in: (a) Each establishment; and (b) A conspicuous place where employee notices are customarily posted. (2) An employer shall ensure that when: (a) Distinctly separate activities are performed at a single physical location, each activity is treated as a separate physical establishment and a separate notice is posted in each establishment; (b) Employers are engaged in activities which are physically dispersed, the notice is posted at the location to which employees report each day; and (c) Employees do not usually work at, or report to, a single establishment, the notice is posted at the location from which the employees operate to carry out their activities. C. An employer shall ensure that the notice is kept posted and not altered, defaced, or covered by other material. D. If an employer has obtained a copy of the Act and of the regulations and applicable occupational safety and health standards, the employer shall, upon request, make them available to any employee or authorized employee representative for review in the establishment where the employee is employed: (1) On the same day the request is made; or (2) At the earliest mutually convenient time to the employee or authorized employee representative and the employer. #### Regulation .03 Inspection Procedures. *COMAR 09.12.20.03* A. Authority For Inspection. An inspector is authorized to: (1) Conduct inspections in accordance with §5-208 of the Act; and (2) Review: (a) Records required by the Act, and by regulations and occupational safety and health standards adopted under the Act; and (b) Other records which are directly related to the purpose of the inspection. B. Objection to Inspection. (1) If an employer refuses to permit an inspector to conduct an inspection in accordance with the Act and applicable regulations and standards, the inspector shall: (a) Terminate the inspection, or confine the inspection to the area, machine, apparatus, condition, device, equipment, material, structure, record, or interview concerning which no objection is raised; (b) Attempt to ascertain the reason for the refusal; and (c) Immediately report the refusal and the reason for the refusal to the supervisor. (2) The supervisor shall immediately consult with the Commissioner or the Commissioner's authorized representative. (3) The Commissioner or the Commissioner's authorized representative shall promptly take appropriate action, including compulsory process, if necessary. C. Waiver. (1) An employer may not condition the conduct of an inspection upon a waiver of a cause of action, citation, or penalty under the Act. (2) An inspector may not grant a waiver. D. Conduct of Inspections. (1) Subject to the provisions of this regulation, an inspector shall conduct an inspection at the time and place directed by the Commissioner or the Commissioner's authorized representative. (2) Opening Conference. At the beginning of an inspection, an inspector shall: (a) Present the inspector's credentials to the owner, operator, or agent in charge of the establishment; (b) Explain the nature and purpose of the inspection; and (c) Indicate generally: (i) The scope of the inspection, (ii) The records which the inspector wants to review, and (iii) That the designation of specific records does not preclude access to additional records. (3) An inspector may: (a) Take environmental samples; (b) Take or obtain photographs relating to the purpose of the inspection; (c) Question privately an employer, owner, operator, agent, or employee at an establishment; and (d) Employ other reasonable investigative techniques, including but not limited to: (i) Using devices to measure employee exposures, and (ii) Attaching personal sampling equipment, such as a dosimeter, pump, badge, or other similar device, to an employee in order to monitor exposures. (4) An inspector shall: (a) Comply with all safety and health rules and practices at the establishment being inspected; (b) Wear appropriate protective clothing and use appropriate protective equipment; and (c) Take reasonable precaution to ensure that: (i) When taking pictures and using sampling equipment, the equipment used does not pose a hazard, and (ii) The operation of the employer's establishment is not unreasonably disrupted. (5) Closing Conference. At the conclusion of an inspection, the inspector shall: (a) Confer with the employer or the employer's representative, and informally advise the employer of any apparent safety or health violation disclosed by the inspection; and (b) Provide the employer the opportunity to bring to the attention of the inspector pertinent information regarding conditions in the workplace. E. Representatives of Employers and Employees. (1) An inspector shall: (a) Be in charge of inspections and of questioning persons; and (b) Provide an opportunity for a representative of the employer and a representative chosen by employees to accompany the inspector during the physical inspection of a workplace for the purpose of aiding the inspection. (2) An inspector may permit: (a) Additional employer or employee representatives to accompany the inspector, if the inspector determines that the additional representatives will further aid the inspection; (b) A different employer and employee representative to accompany the inspector during each phase of an inspection if this does not interfere with the conduct of the inspection. (3) If there is no representative chosen by employees, or if the inspector is unable to determine with reasonable certainty who is the representative, the inspector shall consult with a reasonable number of employees concerning matters of safety and health in the workplace. (4) Except as noted in §E(5) of this regulation, the representative chosen by employees shall be an employee of the employer. (5) If the inspector determines that the inclusion of a third party, such as an industrial hygienist or a safety engineer, who is not an employee of the employer is reasonably necessary to conduct an effective and thorough physical inspection of the workplace, the inspector may permit that individual to participate in the inspection. (6) An inspector may deny the right of accompaniment to an individual whose conduct interferes with a fair and orderly inspection. (7) The right of accompaniment in areas containing trade secrets is subject to the provisions of §F of this regulation. (8) With regard to information classified by an agency of the United States Government in the interest of national security, only an individual authorized to have access to the information may accompany the inspector. F. Trade Secrets. (1) At the beginning of an inspection, the employer may identify an area in the establishment which contains or which might reveal a trade secret. (2) If the inspector has no clear reason to question the identification of the area as involving a trade secret, the inspector shall ensure that all information obtained in the identified area, including negatives and prints of photographs and environmental samples, is: (a) Labeled “confidential—trade secret”; and (b) Not disclosed, except in accordance with the provisions of §5-217 of the Act. (3) Employee Representative. (a) Upon the request of an employer, the employee, or a representative chosen by employees to accompany the inspector in an area containing trade secrets, shall be an employee in that area or an employee authorized by the employer to enter the area; (b) If there is no representative or employee, the inspector shall consult with a reasonable number of employees who work in the area concerning matters of safety and health. G. Consultation With Employees. (1) An inspector may consult with employees concerning matters of occupational safety and health to the extent the inspector considers necessary for the conduct of an effective and thorough inspection. (2) During the course of the inspection, employees shall be afforded the opportunity to bring to the attention of the inspector any violation of the Act which the employees have reason to believe exists in the workplace. H. An employer shall provide the inspector with correct and truthful information including, but not limited to, company name, mailing address, federal employer identification number or other assigned identification number, and company ownership information, such as corporation, partnership, or sole owner. #### Regulation .04 Complaints by Employees. *COMAR 09.12.20.04* A. Complaint Inspection. (1) If upon receipt of a complaint, the Commissioner or the Commissioner's authorized representative determines that the complaint meets the requirements in §5-209(a) of the Act and that there are reasonable grounds to believe that a threat or danger exists, the Commissioner or the Commissioner's authorized representative shall cause an inspection to be made as soon as practicable, to determine if the threat or danger exists. (2) Inspections under this section are not limited to matters referred to in the complaint. B. Before or during an inspection of a workplace, an employee or representative chosen by employees employed in the workplace may notify in writing the Commissioner or the Commissioner's authorized representative, in accordance with §5-209(b) of the Act, of any violation of the Act which the employee or representative of employees has reason to believe exists in the workplace. C. Inspection Not Warranted. (1) If the Commissioner or the Commissioner's authorized representative determines that an inspection is not warranted because there are no reasonable grounds to believe that a violation, threat, or danger exists with respect to a complaint under §5-209 of the Act, the Commissioner or the Commissioner's authorized representative shall notify the complaining party in writing of the determination. (2) The complaining party may obtain review of a determination by submitting a written statement of position to the Commissioner or the Commissioner's authorized representative, and, at the same time, providing the employer with a copy of the statement by certified mail. (3) The employer may submit an opposing written statement of position to the Commissioner or the Commissioner's authorized representative, and, at the same time, shall provide the complaining party with a copy of the statement by certified mail. (4) Upon request of the complaining party or the employer, the Commissioner, at the Commissioner's discretion, may convene an informal conference and permit the complaining party and the employer to present their positions orally. (5) After considering all the positions, both written and oral, the Commissioner shall: (a) Affirm, modify, or reverse the determination; and (b) Furnish the complaining party and the employer with written notification of the decision and the reason for the decision. D. Failure to Meet Requirements of the Act. (1) If the Commissioner or the Commissioner's authorized representative determines that an inspection is not warranted because a complaint does not meet the requirements of §5-209(b) of the Act, the Commissioner or the Commissioner's authorized representative shall notify the complaining party in writing of this determination. (2) The determination shall be without prejudice to the filing of a new complaint meeting the requirements of the Act. #### Regulation .05 Protection of Employees Under §5-604 of the Act. *COMAR 09.12.20.05* A. Employee Rights. With regard to §5-604 of the Act, the exercise of “a right under this title” includes a right: (1) Explicitly provided in the Act, such as the right to participate as a party in an enforcement proceeding; (2) Which exists by necessary implication, including the right of an employee to: (a) Request information from the Commissioner, or (b) Be interviewed by an inspector in the course of an inspection or investigation. B. Refusal to Perform a Job. Although the Act affords an employee no general right to refuse to perform a job because of potential unsafe conditions at the workplace, the protections of §5-604 of the Act apply when: (1) An employee: (a) Is confronted with a choice between not performing an assigned task or being subjected to serious injury or death arising from a hazardous condition at the workplace, (b) Has no reasonable alternative, and (c) Refuses in good faith to expose himself or herself to the dangerous condition; and (2) The condition causing the employee's apprehension of death or injury is of such a nature that a reasonable individual, under the circumstances then confronting the employee, would conclude that: (a) There is a real danger of death or serious injury, (b) There is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular MOSH statutory enforcement channels or to seek the assistance of another public agency which has responsibility in the field of safety and health, and (c) The employee, if possible, has sought correction of the dangerous conditions from the employer, and has been unable to obtain a correction. C. Other Refusals. Except in the circumstances detailed in §B(1) and (2) of this regulation, the protections of §5-604 of the Act generally do not apply when an employer disciplines an employee for refusing to perform normal job activities because of alleged safety or health hazards. D. Complaints. With regard to §5-604(b) of the Act, a “complaint under or related to this title” includes but is not limited to: (1) A request for inspection under §5-209; (2) Complaints regarding conditions at the workplace registered with the Commissioner, with a federal, State, or local agency with authority regarding occupational safety and health conditions, or with such an agency that the employee, in good faith, believes has authority regarding occupational safety and health conditions; and (3) Complaints regarding conditions at the workplace made in good faith to an employer, management supervisor, or other employee serving in a supervisory capacity. #### Regulation .06 Imminent Danger. *COMAR 09.12.20.06* A. In this regulation, “imminent danger” means a condition or practice which exists in a place of employment that reasonably could be expected to cause death or serious physical harm: (1) Immediately; or (2) Before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by the Act. B. When an inspector concludes on the basis of an inspection that an imminent danger exists, the inspector shall inform the affected employees and employer: (1) Of the danger; and (2) That the inspector may recommend to the Commissioner that relief be sought in accordance with the provisions of §5-216 of the Act. C. Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger even if, after notification from the inspector, the employer immediately eliminates the imminence of the danger and initiates steps to abate the danger. #### Regulation .07 Issuance of a Citation and Notice of De Minimis Violations. *COMAR 09.12.20.07* A. In this regulation, the following terms have the meanings indicated. B. Terms Defined. (1) “Controlling employer” means the employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite, whether or not its own employees are exposed, such as an employer who has the authority for ensuring that hazardous conditions are corrected. (2) “Correcting employer” means the employer who has the responsibility for actually correcting the hazard, whether or not its own employees are exposed. (3) “Creating employer” means the employer who actually created the hazard through its action or inaction, whether or not its own employees are exposed. (4) “Exposing employer” means the employer whose employees are exposed to the hazard or have access to the hazard. C. After an inspection, the Commissioner or the Commissioner's authorized representative shall review the inspector's inspection report. D. If, on the basis of the report, the Commissioner or the Commissioner's authorized representative is of the opinion that the employer has violated a provision of the Act, or of a standard, regulation, or an order promulgated under the Act, the Commissioner or the Commissioner's authorized representative shall issue to the employer either: (1) A citation; or (2) For a violation which has no direct or immediate relationship to safety or health, a notice of de minimis violations. E. Issuance of Citations. (1) On multiemployer worksites, more than one employer may be cited for a hazardous condition that violates a provision of the Act or of a standard, regulation, or order promulgated under the Act. (2) The following employers may be cited: (a) The exposing employer; (b) The creating employer; (c) The controlling employer; and (d) The correcting employer. F. An appropriate citation or notice of de minimis violations may be issued even if, after being informed of an alleged violation by the inspector, the employer immediately abates, or initiates steps to abate, the alleged violation. G. The citation shall note that the issuance of a citation is not a finding that a violation of the Act has occurred unless: (1) There is a failure to contest as provided for in the Act; or (2) If contested, the citation is affirmed by the Commissioner. H. Complaint Inspections. (1) After an inspection conducted in response to a request for inspection under Regulation .04A(1) of this chapter or a notification of violation under Regulation .04B of this chapter: (a) If a citation is issued, a copy of the citation or notice of de minimis violations shall be sent to the employee or employee representative who made the request; and (b) If a determination is made that a citation is not warranted with respect to a danger or violation alleged to exist, the Commissioner or the Commissioner's authorized representative shall notify the complaining party and the employer in writing of the determination. (2) When a determination is made that a citation is not warranted under §H(1)(b) of this regulation: (a) The informal review procedures in Regulation .04C(2)—(4) of this chapter are applicable; (b) After considering all views presented in an informal review under Regulation .04C of this chapter, the Commissioner or the Commissioner's authorized representative may: (i) Affirm the determination; (ii) Order a reinspection; or (iii) Issue a citation if the Commissioner believes that the inspection disclosed a violation. (3) The Commissioner or the Commissioner's authorized representative shall furnish the complaining party and the employer with written notification of the Commissioner's determination and the reason for it. I. The citation shall include any notice of proposed penalty. #### Regulation .08 Posting of Notices and Citations. *COMAR 09.12.20.08* A. Posting of Citations. (1) Upon receipt of a citation issued under the Act, an employer shall immediately post the citation, or an unedited copy, at or near the place the alleged violation referred to in the citation occurred, or if, because of the nature of the employer's operations, this is not practicable, in a prominent place readily observable to affected employees. (2) When employers are engaged in activities which are physically dispersed, the citation may be posted at the location where the employees operate to carry out their activities. (3) An employer shall take steps to ensure that a citation is not: (a) Altered; (b) Defaced; or (c) Covered by other material. (4) An employer is not required to post a notice of de minimis violations. (5) A citation, or a copy of it, shall remain posted for the later of: (a) The time the violation was abated; or (b) 3 work days. (6) The filing by an employer of a notice of intent to contest under Regulation .09 of this chapter does not affect the employer's posting responsibility. B. Posting Notice of Contest. (1) In the same location where a citation is posted, an employer may post a notice indicating that the citation is being contested before the Commissioner. (2) The notice may state the: (a) Reasons for contest; and (b) Steps that have been taken to abate the violation. C. Posting of Notices. (1) Upon receipt of a notice concerning a pending case, including a notice of hearing, an employer shall immediately post, where citations are required to be posted, a: (a) Copy of the notice; and (b) Notice informing affected employees of their right to participate in any proceeding in the notice. (2) A notice shall remain posted until: (a) The proceeding stated in the notice begins; or (b) Earlier disposition. D. Posting of a Memorandum of Settlement. A memorandum of settlement shall be posted in the same manner as required by this regulation for the posting of citations and notices. #### Regulation .09 Employer and Employee Contests. *COMAR 09.12.20.09* A. “Notice of contest” includes a notice of intent to contest. B. Notification. (1) An employer to whom a citation has been issued may, in accordance with §5-213 of the Act, notify the Commissioner in writing that the employer contests the citation or proposed penalty. (2) The notice of contest shall be postmarked within 15 work days of the receipt by the employer of the citation. (3) A notice of contest shall specify if it is directed to the citation, to the proposed penalty, or to both. C. Notice from Employee. (1) An employee or representative of employees may, in accordance with §5-213(b) of the Act, file with the Commissioner or the Commissioner's authorized representative a written notice alleging that the period of time provided for in the citation for the abatement of the violation is unreasonable. (2) The notice shall be postmarked within 15 work days of the issuance of the citation. #### Regulation .10 Failure to Correct a Cited Violation. *COMAR 09.12.20.10* A. If an inspection discloses that an employer has failed to correct a cited violation within the period permitted for its correction, the Commissioner or the Commissioner's authorized representative shall notify the employer by certified mail, or by personal service by an inspector, of this failure and the additional penalty proposed under §§5-213(d) and 5-809(d) of the Act for the failure. B. An employer receiving a notification of failure to correct a violation and proposed additional penalty may notify in writing, in accordance with §5-213(d) of the Act, the Commissioner or the Commissioner's authorized representative that the employer intends to contest the alleged failure to correct the violation, and proposed additional penalty, or both. C. The notice of contest shall be postmarked within 15 work days of the receipt by the employer of the notification of failure to correct a violation and proposed additional penalty. D. A notification of failure to correct a violation and proposed additional penalty shall state that it is a final order, unless a notice of contest in accordance with this regulation is filed. #### Regulation .11 Informal Conferences. *COMAR 09.12.20.11* A. At the request of an affected employer, employee, or representative of employees, the Commissioner or the Commissioner's authorized representative may hold an informal conference to discuss issues raised by the inspection, citation, proposed penalty, or notice of contest. B. If the employer requests a conference, the Commissioner or the Commissioner's authorized representative may, at the discretion of the Commissioner, afford affected employees or a representative of employees an opportunity to participate. C. If an employee or representative of employees requests a conference, the Commissioner or the Commissioner's authorized representative may, at the discretion of the Commissioner, afford the employer an opportunity to participate. D. A party may be represented by counsel at a conference. E. Neither the request for a conference nor the conference shall operate as a stay of the 15-work-day period for filing a notice of contest under Regulation .09 of this chapter. #### Regulation .12 Penalties. *COMAR 09.12.20.12* A. Scope. This regulation applies to the assessment of civil penalties by the Commissioner under Labor and Employment Article, §§5-809 and 5-810, Annotated Code of Maryland, in all cases arising from inspections conducted on and after the effective date of this regulation. B. Definition. In this regulation, “Commissioner” means: (1) The Commissioner of Labor and Industry; (2) The Commissioner's authorized representative; or (3) A person acting pursuant to a delegation of authority from the Commissioner of Labor and Industry. C. In assessing a penalty for a violation of the law, a regulation, or an order, the Commissioner shall consider the following factors in accordance with this regulation: (1) Gravity of the violation for which the penalty is to be assessed; (2) Good faith of the employer; (3) Existence and quality of a safety and training program; (4) Injury and illness experience of the employer; (5) The extent to which the existence of the violation was known to the employer, but remained not corrected; (6) History of violations by the employer; (7) Extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; (8) Size of the business of the employer against whom the penalty is to be assessed; and (9) Actual harm to human health, including injury or illness. D. Gravity-Based Penalty. (1) Gravity. (a) Based on the gravity of a violation, the Commissioner shall assess up to $5,000. (b) The Commissioner shall determine the amount to assess for the gravity of the violation by considering the: (i) Severity of the most serious injury or illness that is reasonably predictable from the hazard; and (ii) Probability that an injury or illness will arise from a hazard. (c) The Commissioner shall assign each hazard a severity assessment and a probability assessment in accordance with this regulation. (2) Severity Assessment. The Commissioner shall assign the most serious injury or illness which is reasonably predictable from the safety or health hazard cited, a severity assessment of 1 to 10 as follows: (a) Death, injuries, or illness involving permanent disability or a chronic, irreversible condition—severity factor of 8 to 10; (b) Injuries or temporary, reversible illnesses resulting in hospitalization, or a variable but limited period of disability—severity factor of 5 to 7; (c) Injuries or temporary, reversible illnesses not resulting in hospitalization and requiring only minor supportive treatment—severity factor of 2 to 4; and (d) Hazard violation characterized as other-than-serious—severity factor of 1. (3) Probability Assessment. (a) Probability for Safety or Health Hazards When Samples are not Taken. For a safety or health hazard when samples are not taken, the Commissioner shall determine the probability that an injury or illness will arise from the apparent violation by assigning a value of 1 to 10 to each of the following factors: (i) The number of employees exposed, with a value of 1 being the lowest number of employees exposed; (ii) The frequency of exposure, with a value of 1 being the lowest frequency; (iii) The proximity of the employee to the zone of danger, with a value of 1 being the lowest proximity; and (iv) Working conditions, with a value of 1 being conditions least likely to contribute to injury or illness. (b) Probability for Safety and Health Hazards When Sampling is Conducted. For a safety or health hazard when sampling is conducted, the Commissioner shall determine the probability that an injury or illness will arise from the hazard by considering: (i) The number of employees exposed with a value of 1 being the lowest number of employees exposed; (ii) The duration of exposure with a value of 1 being the lowest duration of exposure; (iii) The use of appropriate personal protective equipment with a value of 1 being the lowest; and (iv) If applicable, an evaluation of the medical surveillance program. (c) Probability Assessment. The Commissioner shall total factors assigned pursuant to §D(3)(a) or (b) of this regulation and divide by the number of factors considered to determine the probability assessment. (4) Gravity Assessment. The Commissioner shall determine the gravity-based penalty for each violation by adding the severity assessment and the probability assessment, dividing by 2, and multiplying the quotient by $500. E. Penalty Adjustment Factors. (1) The Commissioner may reduce the gravity-based penalty on the basis of an employer's good faith, size of business, and history in accordance with §§F—H of this regulation. (2) The Commissioner shall calculate the penalty adjustment factor only once for each employer, after the gravity-based penalty has been determined for each violation and the general character of the employer's performance is apparent. F. Good Faith. (1) Based on the degree of employer good faith, the Commissioner may reduce the gravity-based penalty by a maximum of 25 percent. (2) The Commissioner shall consider the following in determining whether to reduce the gravity-based penalty based on an employer's good faith factor: (a) The existence and quality of a safety and health program and a training program, that: (i) Provides for appropriate management commitment and employee involvement, (ii) Provides for worksite analysis for the purpose of hazard identification, (iii) Provides for hazard prevention and control measures, (iv) Provides for employee training and instruction relative to the hazards of the work being performed, including hazard communication, lockout-tagout, hazardous materials and emergency responses, safety and health programs for construction, and trenching and excavation, and (v) Has deficiencies that are only incidental; (b) The injury and illness experience of the employer; (c) The level of supervision and of employer concern and knowledge about safety and health requirements; (d) The extent to which the employer knew of the violation and failed to take action to correct it; and (e) Employer action to abate an apparent violation or mitigate exposure during the inspection. G. History. (1) Based on an employer's history of violations, the Commissioner may reduce the gravity-based penalty by a maximum of 10 percent. (2) The Commissioner shall consider the following in determining whether to reduce the gravity-based penalty based on an employer's history: (a) Nature and extent of the employer's history of prior MOSH violations; and (b) Extent to which the violation at issue is part of a recurrent pattern of the same or similar type of violation. H. Size. (1) “Size” means peak employment at all of an employer's establishments and work locations during the 12-month period preceding a violation. (2) Based on the size of an employer, the Commissioner may reduce a gravity-based penalty by a maximum of 60 percent in accordance with the following schedule: (a) 1 to 25 employees, maximum 60 percent reduction; (b) 26 to 100 employees, maximum 40 percent reduction; (c) 101—250 employees, maximum 20 percent reduction; and (d) 251 or more employees, no reduction. I. Actual Harm to Human Health, Including Injury or Illness. (1) Based on the actual harm to human health or well-being, arising from a hazard, the Commissioner shall assess up to $2,000. (2) The Commissioner shall determine the amount to assess for the actual harm factor by considering the degree and nature of actual harm to an employee. (3) The Commissioner may not apply an adjustment factor to a penalty assessed for actual harm. J. Penalty Assessment. (1) In determining the total penalty to assess for a violation, the Commissioner shall comply with this section. (2) For a serious violation, the Commissioner shall: (a) Determine the gravity-based penalty; (b) Reduce the gravity-based penalty by the penalty adjustment factor; and (c) Add to the adjusted gravity-based penalty any assessment for actual harm. (3) For an other-than-serious violation, when the Commissioner determines to issue a penalty, the Commissioner shall assess the penalty by first determining the gravity-based penalty and adjusting it by the appropriate penalty adjustment factor, and then adding any assessment for actual harm. (4) Willful Violation. (a) When an employer willfully violates the law, a regulation, or an order, the Commissioner shall: (i) Determine the gravity-based penalty; (ii) Reduce the gravity-based penalty by the penalty adjustment factor determined for the employer; (iii) Add any assessment for actual harm; and (iv) Multiply the sum by 10. (b) If the penalty determined under §J(4)(a) of this regulation is less than $5,000, the Commissioner shall propose a penalty of $5,000. (5) When an employer repeatedly violates the law, a regulation, or an order, the Commissioner shall: (a) Determine the gravity-based penalty; (b) Reduce the gravity-based penalty by the penalty adjustment factor established for the employer; (c) Add any actual harm assessment; and (d) Multiply the total by: (i) 2, for the first repeat; (ii) 4, for the second repeat; (iii) 6, for the third repeat; and (iv) 10, for the fourth repeat. (6) In negotiating a bona fide settlement of a citation, the Commissioner may adjust a penalty assessed in accordance with this regulation in a manner appropriate under the relevant statutory factors and the facts and circumstances of the case. #### Regulation .13 Hearings — General. *COMAR 09.12.20.13* A. Application. (1) This regulation supplements the notice and hearing requirements of the Administrative Procedure Act—Contested Cases, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (2) In the event of a conflict with COMAR 28.02.01, the provisions set forth in this chapter control the conduct of a hearing conducted under the Act. B. Discovery. Except as required by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, discovery, including a request for production of documents, interrogatories, and depositions, is not allowed. C. Service. (1) A party may be served with a document by: (a) Personal delivery; or (b) Mail sent to the last known address of the party. (2) A person serving a document shall certify to the manner and date of service. D. Notice of Hearing. (1) The Commissioner shall serve notice of a hearing on all parties at least 10 days before the hearing, and ensure that the notice conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (2) When the Commissioner appoints a hearing examiner to hold a hearing under this chapter, the Commissioner or the Commissioner's authorized representative shall provide to the hearing examiner a copy of the notice of hearing, together with the citation and notice of contest or any written request for hearing. E. Subpoena. (1) On application of a party, the hearing examiner assigned the case shall immediately issue a subpoena requiring the: (a) Attendance and testimony of a witness; and (b) Production of evidence, including relevant books, records, correspondence, or documents in the possession or under control of the person subpoenaed. (2) An application for subpoena may be made ex parte. (3) A subpoena shall show on its face the name and address of the party requesting the subpoena. (4) A hearing examiner shall recommend to the Commissioner that proceedings be initiated to enforce the subpoena, if: (a) A person fails to comply with a subpoena; and (b) In the hearing examiner's opinion, the testimony of the witness is material to the proceedings. F. Parties. (1) Employee. (a) An affected employee may elect to participate as a party by filing a written request for party status with the hearing examiner. (b) A request for party status shall be filed: (i) Before the hearing begins; or (ii) For good cause shown, at a later date. (c) If a hearing examiner denies a request for party status: (i) An employee may file with the Commissioner a written request for review of the denial; and (ii) The Commissioner immediately shall review the request. (2) Employer. If an employee files a notice of contest challenging the reasonableness of the period for abatement of a violation, the employer responsible for abating the violation may elect party status at any time before the hearing begins. (3) Representatives of Parties. (a) A party may appear in person or through a representative. (b) An affected employee represented by an authorized representative may appear only through the representative. (c) A party may withdraw the appearance of its representative by: (i) Filing a written notice of withdrawal; and (ii) Serving a copy of the notice on each party. (d) A representative of a party shall control all matters affecting the party's interest in the proceeding. G. Postponement. (1) Postponement of a hearing generally is not allowed. (2) Except in the case of an emergency or in unusual circumstances, a request for postponement may not be considered unless it is received in writing by the Commissioner or the hearing examiner at least 3 work days before the date set for the hearing. (3) A postponement of more than 30 days is not allowed without the approval of the Commissioner. H. Failure to Appear. (1) Except as otherwise provided by this section, if a party filing a notice of contest fails to appear at a hearing of which that party has notice, the failure is considered: (a) A waiver of the hearing; and (b) Except for a hearing on a motion or other procedural matter, a withdrawal of the notice of contest. (2) When a failure to appear at a hearing is considered a withdrawal of the notice of contest, the: (a) Hearing examiner shall promptly serve on all parties notification that the notice of contest is considered to have been withdrawn; and (b) Party filing the notice of contest has 15 work days from receipt of the notice of withdrawal to request the notice of contest be reinstated. (3) A request for reinstatement: (a) Shall be filed in writing with the Commissioner; and (b) May be granted by the Commissioner only upon a showing of good cause for the failure to appear for hearing. I. Record of Hearing. A hearing, including a hearing on a motion, shall be recorded word for word. #### Regulation .14 Hearings — Prehearing Conference. *COMAR 09.12.20.14* A. A party may request a prehearing conference with the assistant attorney general assigned to the case to: (1) Exchange information; (2) Attempt to resolve or narrow the issues; or (3) Discuss settlement of a case. B. Request for Prehearing Conference. (1) A party who seeks a prehearing conference shall: (a) Request a prehearing conference well in advance of the scheduled hearing; and (b) Direct the request to the assistant attorney general assigned to the case. (2) Unless all parties agree, a prehearing conference may not be held less than 10 days after the parties receive the notice of the conference. (3) A scheduled hearing generally may not be postponed to allow the parties to have a prehearing conference. C. Upon receipt of a request for a prehearing conference, the assistant attorney general assigned to the case shall: (1) Schedule a conference for the earliest practicable time that is at least 10 days after the parties receive notice of the conference; and (2) Serve on all parties a notice of the conference. D. Notice of Prehearing Conference. (1) A notice of prehearing conference shall: (a) State the date, time, and place of the conference; and (b) Inform affected employees of their right to participate in the conference. (2) Upon receipt of a notice of prehearing conference, an employer shall: (a) Post the notice conspicuously at or near each place where a citation shall be posted; and (b) Keep the notice posted until the conference begins. (3) At a prehearing conference, the assistant attorney general shall verify that: (a) All parties were notified of the conference; and (b) The notice was posted as required by this chapter. E. If the prehearing conference results in an agreement between the parties that resolves or simplifies an issue or otherwise affects the conduct of the formal hearing, the agreement shall be stated on the record at the beginning of the hearing. #### Regulation .15 Hearings — Conduct of Hearing. *COMAR 09.12.20.15* A. Powers and Duties of Hearing Examiner. (1) A hearing examiner shall: (a) Conduct a fair and impartial hearing to: (i) Fully elicit all the facts, (ii) Adjudicate all issues, and (iii) Avoid delay; and (b) Exclude evidence which is irrelevant, immaterial, or unduly repetitious. (2) Subject to applicable laws and regulations, a hearing examiner may: (a) Administer oaths and affirmations; (b) Rule on offers of proof and procedural matters; (c) Postpone, continue, or reschedule a hearing; (d) Regulate the course of a hearing, including the conduct of parties, their representatives, and witnesses; (e) Receive relevant evidence; (f) Accept a stipulation or agreed statement of facts if all parties agree to its admission; (g) Admit an affidavit as evidence in place of testimony, if the matters in the affidavit are otherwise admissible and if all parties agree to its admission; and (h) Take other action authorized by the Act, regulations adopted under the Act, or the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (3) A hearing examiner may not grant a motion to dismiss, a motion for judgment, or any other dispositive motion without the concurrence of all parties. B. A hearing examiner shall: (1) Call the title of the case; (2) Briefly explain the purpose and nature of the hearing; and (3) Administer the oath to all who will testify. C. Preliminary Matters. Counsel or a party may address a preliminary matter, exception, or motion. D. Order of Testimony. (1) In a citation case, the presenter of evidence shall proceed first and shall present all evidence. (2) In an abatement case, the employer or the employer's representative shall proceed first. E. Oral Argument and Briefs. (1) On request of a party before the close of a hearing, the hearing examiner shall allow each party a reasonable time at the close of the hearing, for oral argument. (2) 2Post hearing briefs are permitted if the hearing examiner determines that there is a need for guidance on an unresolved question of law. #### Regulation .16 Hearings — Determination and Review. *COMAR 09.12.20.16* A. Within a reasonable time after the hearing examiner has heard and considered all evidence, written briefs, and memoranda, the hearing examiner shall: (1) Issue a written determination which: (a) Is dated, (b) Summarizes testimony and exhibits, (c) Is the hearing examiner's final disposition of the proceedings, and (d) Comports with the Act, regulations adopted under the Act, and State Government Article, §10-214, Annotated Code of Maryland; and (2) Serve a copy of the determination on each party; and (3) Return all documents and exhibits to the Commissioner. B. The determination of the hearing examiner shall become the final order of the Commissioner unless, in accordance with the Act: (1) The employer, or an employee or representative of an employee, requests a review; or (2) The Commissioner orders a review. C. Review of Proceedings Before the Commissioner. (1) A request for review filed by an affected employer, or an employee or representative of an employee, shall: (a) Be in writing; (b) Contain a concise statement identifying each portion of the hearing examiner's determination for which a review is requested; (c) Be filed with the Commissioner within 15 work days after the date of the hearing examiner's determination; and (d) Be mailed by the requesting party to all other parties to the proceeding. (2) Affected parties have the opportunity to present argument to the Commissioner. (3) Order of the Commissioner. (a) After review of the proceedings with or without a hearing, the Commissioner shall: (i) Issue an order based on findings of fact; (ii) Mail copies of the order to all affected parties. (b) The Commissioner's order shall: (i) Affirm, modify, or vacate the citation or proposed penalty, or direct other appropriate relief; and (ii) Become final 15 days after it is issued. #### Regulation .17 Variances. *COMAR 09.12.20.17* A. Effect of Variance. A variance granted under the Act and regulations adopted under the Act has only future effect. B. Temporary Variance. (1) Application. (a) An affected employer seeking a temporary variance shall file with the Commissioner, or the Commissioner's authorized representative, an application for variance before the effective date of the regulation or part of a regulation for which the temporary variance is sought. (b) In addition to the requirements of §5-320 of the Act, an application for temporary variance shall be in writing and shall specify: (i) The name and address of the applicant; (ii) The address of each place of employment for which a variance is sought; (iii) If the applicant seeks a hearing on the application, a request for hearing; (iv) A statement of the facts the applicant would show to establish that the applicant is unable to comply with a regulation by its effective date because necessary professional or technical personnel or material and equipment are unavailable, or necessary construction or alteration of facilities cannot be completed by the effective date; and (v) A description of how the employer provided the notice required by §5-321(a) of the Act. (2) Interim Order. (a) An applicant for an order for temporary variance may also request an interim order of variance. (b) A request for interim order may include a statement of facts and arguments as to why an interim order should be granted. (c) The Commissioner may rule ex parte on an application for interim order. (d) If the Commissioner grants an interim order, the Commissioner shall: (i) Serve the order on the applicant and each other party; and (ii) Require as a condition of the order that the applicant give notice of the interim order to affected employees by the same means used to inform employees of the application for variance. (e) If the Commissioner denies the interim order, the Commissioner shall: (i) Give prompt notice of the denial; and (ii) Provide a brief statement of the grounds for the denial. C. Permanent Variance. An application for permanent variance shall be in writing and shall specify: (1) The name and address of the applicant; (2) The address of each place of employment for which a variance is sought; (3) If the applicant seeks a hearing on the application, a request for hearing; (4) A description of the conditions, means, methods, practices, processes, or operations used or proposed to be used by the applicant; (5) A statement showing how the conditions, means, methods, practices, processes, or operations used or proposed to be used would make employment and places of employment at least as safe and healthful for employees as they would be if the applicant complied with the regulation or standard from which the permanent variance is sought; (6) A description of how the employer provided the notice required by §5-321(b) of the Act; and (7) A certification that the employer has informed its employees of the application by: (a) Giving a copy of the application for permanent variance to its employees or their authorized representative, (b) Posting the application, or a statement summarizing the application and specifying where a copy may be examined, at each place where notices to employees normally are posted, and (c) Other appropriate means. D. Notice of Application for Variance. (1) Upon receipt of a proper application for variance, the Commissioner shall publish in the Maryland Register a notice of the filing of the application. (2) The notice shall: (a) Accurately summarize the application; (b) Specify the regulation or part of a regulation for which a variance is requested; (c) Invite interested persons to submit, within a specified period of time, written data or recommendations regarding the application; and (d) Inform affected employers, employees, and interested persons affected by the application of the right to request a hearing on the application. E. Modification and Revocation. (1) Application. An application filed by an affected employer or employee for modification or revocation of a permanent variance shall be in writing and shall specify: (a) The name and address of the applicant; (b) A description of the relief sought; (c) A statement setting forth with particularity the grounds for the relief; (d) If the applicant seeks a hearing on the application, a request for hearing; (e) If the applicant is an employer, a certification that the employer has informed its affected employees of the application as required by this regulation; and (f) If the applicant is an affected employee, a certification that the employee has furnished a copy of the application to the employer. (2) The Commissioner may modify or revoke a permanent variance at any time, on the Commissioner's own initiative and after a hearing, after: (a) Informing the affected employer and employees of the Commissioner's intention and of their right to request a hearing; and (b) Affording affected employers and employees an opportunity to submit written data or arguments regarding the proposal. #### Regulation .18 Adoption, Amendment, or Repeal of a Regulation. *COMAR 09.12.20.18* A. An interested person may file with the Commissioner a petition for the adoption, amendment, or repeal of a regulation or standard. B. A petition shall be in writing and shall: (1) Identify the regulation proposed for adoption, amendment, or repeal; (2) State the reasons for the proposal; and (3) State the intended effect of the proposal. #### Regulation .19 Repealed. *COMAR 09.12.20.19* #### Regulation .20 Petition for Modification of Abatement Date. *COMAR 09.12.20.20* A. An employer may file a petition for modification of abatement date (PMA) when the employer has: (1) Made a good faith effort to comply with the abatement requirements of a citation; and (2) Not completed abatement because of factors beyond the employer's reasonable control. B. Content. A PMA shall be in writing and shall state: (1) The actions the employer has taken in an effort to achieve compliance during the prescribed abatement period and the date of each action; (2) The specific additional abatement time necessary in order to achieve compliance; (3) The reason the additional time is necessary, including the: (a) Unavailability of: (i) Professional or technical personnel, or (ii) Materials and equipment; or (b) Inability to complete, by the original abatement date, necessary construction or alteration of facilities; (4) The available interim steps being taken to safeguard the employees against the cited hazard during the abatement period; (5) A certification that a copy of the PMA has been: (a) Posted; and (b) If appropriate, served on the authorized representative of affected employees; and (6) A certification of the date upon which the petition was posted and service was made. C. Filing. (1) A PMA shall be filed with the Assistant Commissioner not later than the close of the next work day following the date on which abatement was originally required. (2) An employer filing a PMA after the date set forth in §C(1) of this regulation shall include with it a statement setting forth the circumstances for the delay. (3) The Assistant Commissioner may accept a late-filed PMA only if exceptional circumstances lead to the delay. D. Posting and Service. (1) The employer shall post a copy of the PMA in a conspicuous place: (a) Where affected employees will have notice; or (b) Near the location where the violation occurred. (2) The PMA shall remain posted for at least 10 work days. (3) When affected employees have an authorized representative, the employer shall serve the representative with a copy of the petition. E. Filing of Objections. (1) Affected employees or their representatives may file an objection to the PMA in writing with the Assistant Commissioner. (2) The objection shall be filed within 10 work days of the date that the PMA was: (a) Posted; or (b) Served upon an authorized representative. (3) Failure to file a timely objection constitutes a waiver of any further right to object to the petition. F. Assistant Commissioner. (1) The Assistant Commissioner has the authority to approve any PMA filed under this regulation. (2) The Assistant Commissioner may not grant a PMA until the expiration of 15 work days from the date the employer complies with §D of this regulation. G. Objections and Denials. (1) When either an affected employee objects to, or the Assistant Commissioner denies approval of, a PMA, the PMA, citation, and any objection shall be forwarded to the Commissioner within 3 work days after the expiration of the 15-day period set forth in §F(2) of this regulation. (2) The Commissioner shall treat a PMA so forwarded in the same manner as a contested case involving a citation. H. Burden of Proof. To obtain modification of an abatement period, the employer filing a PMA has the burden of proving that it: (1) Made a good faith effort to comply with the abatement requirements of the citation; and (2) Has not completed abatement because of factors beyond its control. #### Regulation .21 Abatement Verification. *COMAR 09.12.20.21* A. In this regulation, the following terms have the meanings indicated: (1) “Abatement” means action by an employer to: (a) Comply with a cited standard or regulation; or (b) Eliminate a recognized hazard identified by MOSH during an inspection. (2) “Abatement date” means: (a) For an uncontested citation item, the later of the date: (i) In the citation for abatement of the violation, (ii) Approved by MOSH or established in litigation as a result of a petition for modification of the abatement date (PMA), or (iii) Established in a citation by an informal settlement agreement; and (b) For a contested citation item for which the Commissioner has issued a final order affirming the violation, the later of the date: (i) Identified in the final order for abatement, (ii) Computed by adding the period allowed in the citation for abatement to the final order date, or (iii) Established by a formal settlement agreement. (3) “Affected employees” means those employees who are exposed to a hazard identified as a violation in a citation. (4) “Final order date” means: (a) For an uncontested citation item, the 15th working day after the employer's receipt of the citation; and (b) For a contested citation item: (i) The 15th day after the date on which a proposed order of a hearing examiner has been docketed with the Commissioner, unless the Commissioner has directed review or an employee, or representative of an employee or employer whom the proposed order affects has requested review, (ii) When review has been directed or requested, the 15th day after the date on which the Commissioner issues the final order disposing of all or a pertinent part of a case, or (iii) The date on which a circuit court issues a decision affirming the violation in a case in which a final order of the Commissioner has been stayed. (5) “Moveable equipment” means a hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites. B. Abatement Certification. (1) Except as provided in §B(2) of this regulation, within 10 calendar days after the abatement date, the employer shall certify to the Commissioner or the Commissioner's authorized representative that each cited violation has been abated. (2) The employer is not required to certify abatement if, during the on-site portion of the inspection, the Commissioner or the Commissioner's authorized representative: (a) Observes, within 24 hours after a violation is identified, that abatement has occurred; and (b) Notes in the citation that abatement has occurred. (3) In addition to the information required by §G of this regulation, the employer's certification that abatement is complete for each cited violation shall include: (a) The date and method of abatement; and (b) A statement that affected employees and their representatives have been informed of the abatement. C. Abatement Documentation. (1) The employer shall submit to the Commissioner or the Commissioner's authorized representative the following: (a) The information on abatement certification required by §B(3) of this regulation; and (b) The requisite documentation: (i) Demonstrating that abatement is complete for each willful or repeat violation, and (ii) For a serious violation for which the Commissioner or the Commissioner's authorized representative indicates in the citation that this abatement documentation is required. (2) Documents demonstrating that abatement is complete may include, but are not limited to: (a) Evidence of the purchase or repair of equipment; (b) Photographic or video evidence of abatement; or (c) Other written records. D. Abatement Plans. (1) Except for an other-than serious violation, the Commissioner or the Commissioner's authorized representative may require an employer to submit an abatement plan for the cited violation when the time permitted for abatement is more than 90 calendar days. (2) When an abatement plan is required: (a) It shall be indicated on the citation; (b) The employer shall submit an abatement plan for the cited violation within 25 calendar days from the final order date; and (c) The abatement plan shall identify the violation and the steps to be taken to achieve abatement, including: (i) A schedule for completing abatement, and (ii) When necessary, how employees will be protected from exposure to the violative condition in the interim until abatement is complete. E. Progress Reports. (1) An employer who is required to submit an abatement plan may also be required to submit periodic progress reports for the cited violation. (2) The citation shall indicate: (a) If a periodic progress report is required and the citation item for which it is required; (b) The date on which an initial progress report shall be submitted, which shall be at least 30 calendar days after submission of an abatement plan; (c) Whether additional periodic progress reports are required; and (d) The dates on which additional progress reports shall be submitted. (3) For a violation, the periodic progress report shall identify, in a single sentence if possible, the: (a) Action taken to achieve abatement; and (b) Date action was taken. F. Employee Notification. (1) The employer shall inform affected employees and their representatives about abatement activities covered by this regulation by posting, near the place where the violation occurred, a copy or summary of the document submitted to the Commissioner or the Commissioner's authorized representative. (2) If this posting does not effectively inform employees and their representatives about abatement activities, the employer shall: (a) Post the document or a summary of the document in a location where it will be readily observable by affected employees and their representatives; or (b) Take other steps to communicate fully to affected employees and their representatives about abatement activities. (3) The employer shall inform employees and their representatives of their right to examine and copy all abatement documents submitted to the Commissioner or the Commissioner's authorized representative. (4) An employee or an employee representative shall submit a request to examine and copy abatement documents within 3 working days of receiving notice that the documents have been submitted. (5) The employer shall comply with an employee's or employee representative's request to examine and copy abatement documents within 5 working days of receiving the request. (6) The employer shall ensure that notice to employees and employee representatives is provided at the same time or before the information is provided to the Commissioner or the Commissioner's authorized representative and that abatement documents are: (a) Not altered, defaced, or covered by other material; and (b) Remain posted for 3 working days after submission to the Commissioner or the Commissioner's authorized representative. G. Transmitting Abatement Documents. (1) The employer shall include, in the submission of required abatement documents, the following: (a) The employer's name and address; (b) The inspection number to which the submission relates; (c) The citation and item numbers to which the submission relates; (d) A statement that the information submitted is accurate; and (e) The signature of the employer or the employer's authorized representative. (2) Date of Submission. The date of submission for: (a) Mailed documents is the date of postmark; and (b) Documents transmitted by means other than by mail is the date the Commissioner receives the document. H. Moveable Equipment. (1) For serious, repeat, and willful violations involving movable equipment, the employer shall attach a warning tag or a copy of the citation to the operating controls or to the cited component of equipment that is moved within the worksite or between worksites. (2) The employer shall use a warning tag that properly warns employees about the nature of the violation involving the equipment and identifies the location of the citation issued. (3) If the violation has not already been abated, the warning tag or copy of the citation shall be attached to the equipment: (a) For hand-held equipment, immediately after the employer receives the citation; or (b) For non-hand-held equipment, before moving the equipment within or between worksites. (4) For the construction industry, a tag that is designed and used in accordance with 29 CFR §§1926.20(b)(3) and 1926.200(h), is deemed to meet the requirements of this section when the information required by §H(2) of this regulation is included on the tag. (5) The employer shall ensure that the tag or copy of the citation attached to movable equipment: (a) Is not altered, defaced, rendered illegible, or covered by other opaque material; (b) Is made of materials which will withstand the environmental conditions encountered in the workplace; and (c) Remains attached until the: (i) Violation has been abated and all abatement certification documents required by this regulation have been submitted to the Commissioner or the Commissioner's authorized representative, (ii) Cited equipment has been permanently removed from service or is no longer within the employer's control, or (iii) Commissioner issues a final order vacating the citation. ### Chapter 21 — Employee Injury and Illness Records and Reports **Authority:** Labor and Employment Article, §§2-106(b)(5), 5-312, and 5-702—5-704, Annotated Code of Maryland **Administrative History:** Effective date: July 5, 1993 (20:13 Md. R. 1047) **Administrative History:** Regulation .09A amended effective January 15, 1996 (23:1 Md. R. 23) **Administrative History:** Regulation .09B amended effective August 29, 1994 (21:17 Md. R. 1439) **Administrative History:** Regulation .10 adopted effective June 30, 1997 (24:13 Md. R. 930) **Administrative History:** Regulations .01—.10 repealed and new Regulations .01—.04 adopted as an emergency provision effective February 12, 2002 (29:5 Md. R. 499); adopted permanently effective May 13, 2002 (29:9 Md. R. 744) **Administrative History:** Regulation .01 amended effective June 8, 2026 (53:11 Md. R. 484) **Administrative History:** Regulation .02B, C amended effective February 17, 2003 (30:3 Md. R. 179); January 5, 2004 (30:26 Md. R. 1913); January 2, 2017 (43:26 Md. R. 1444) **Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective September 7, 2020 (47:18 Md. R. 824) **Administrative History:** Regulation .02C adopted effective June 8, 2026 (53:11 Md. R. 484) **Administrative History:** Regulation .04 amended effective June 8, 2026 (53:11 Md. R. 484) #### Regulation .01 Purpose. *COMAR 09.12.21.01* This chapter establishes the requirements for employers in Maryland to record and report work-related fatalities, injuries, and illnesses in accordance with federal and State law, regulations, and procedures. #### Regulation .02 Incorporation by Reference. *COMAR 09.12.21.02* In this chapter, Recording and Reporting Occupational Injuries and Illnesses, 29 CFR Part 1904 (2019), is incorporated by reference as amended with the following changes. A. Wherever the words: (1) “OSH Act” appear, substitute “Maryland Occupational Safety and Health Act”; (2) “Occupational Safety and Health Administration (OSHA), U.S. Department of Labor” appear, substitute “MOSH”; (3) “OSHA” appear, substitute “MOSH” for “OSHA” except for references to “OSHA injury and illness records”; (4) “Section 11(c) of the Act” appear, substitute “§5-604 of the Maryland Occupational Safety and Health Act”; (5) “OSHA Area Office” appear, substitute “MOSH Central Office”; (6) “your local OSHA Area Office director” appear, substitute “the MOSH Assistant Commissioner”; (7) “OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321- 6742)” appear, substitute “MOSH Central Office toll-free telephone number, 1-800-759-6297”; and (8) “www.osha.gov” appear, substitute “www.labor.maryland.gov/labor/mosh/”. B. In 29 CFR §1904.39(a)(2), where the words “an employee’s amputation” appear substitute “an employee’s amputation involving bone or cartilage loss”. C. In 29 CFR §1904 Subpart B – Scope, add “Note to Subpart B for Public Bodies: all exclusion or exemptions from the scope of 29 CFR §1904.1—.3, including Appendix A to Subpart B, only apply to private sector establishments; all public bodies, regardless of size or industry, shall comply with the recording and reporting requirements in 1904.” #### Regulation .03 Survey. *COMAR 09.12.21.03* Upon receipt of an Occupational Injuries and Illnesses Survey form, an employer shall promptly complete and return the form in accordance with the instructions. #### Regulation .04 Variance Procedure for Record Keeping. *COMAR 09.12.21.04* Private Sector Employers. MOSH may not issue a variance to a private sector employer and shall recognize all variances issued by the federal Occupational Safety and Health Administration. ### Chapter 22 — Personally Identifiable Employee Medical Information **Authority:** Labor and Employment Article, §§2-106(b)(4) and 5-312, Annotated Code of Maryland; 29 CFR §1913.10(d) and 29 U.S.C. §668 **Administrative History:** Effective date: July 5, 1993 (20:13 Md. R. 1047) #### Regulation .01 Purpose. *COMAR 09.12.22.01* The purpose of this chapter is to protect the substantial privacy interests involved in employee medical records by ensuring that: A. The Commissioner or the Commissioner's authorized representative will exercise authority to gain access to personally identifiable employee medical information only: (1) After a careful determination of the need for this information, and (2) With appropriate safeguards to protect individual privacy; B. Once the medical information is obtained, the examination and use of personally identifiable employee medical information obtained under this chapter is limited to only that information needed to accomplish the purpose for access; C. Personally identifiable employee medical information is: (1) Retained only for the time needed to accomplish the purpose for access, (2) Kept secure while being used, and (3) Not disclosed to other agencies or members of the public, except in narrowly defined circumstances and as permitted or required by law; and D. Medically related information reported in a personally identifiable form, even if not specifically covered by the terms of this chapter, is handled with appropriate discretion and care befitting information concerning specific employees. #### Regulation .02 Scope and Application. *COMAR 09.12.22.02* A. Except as provided in §B of this regulation, this chapter applies to a request by MOSH inspection personnel to access records for the purpose of examining or copying personally identifiable employee medical information, whether or not the request is made under the access provisions of 29 CFR §1910.1020(e)(3). B. This regulation does not apply when: (1) MOSH inspection personnel: (a) Conduct an examination of employee medical records solely to verify employer compliance with the medical surveillance record-keeping requirements of an occupational safety and health standard or with 29 CFR §1910.1020; (b) Conduct the examination: (i) On-site, and (ii) If requested, under the observation of the record holder; and (c) Do not record and take offsite any information from medical records other than documentation of the fact of compliance or noncompliance; or (2) A written directive by the Commissioner authorizes appropriately qualified personnel to conduct limited reviews of: (a) Specific medical information mandated by an occupational safety and health standard; or (b) Specific biological monitoring test results. #### Regulation .03 Definition. *COMAR 09.12.22.03* A. The definitions set forth in COMAR 09.12.20 apply to this chapter. B. For the purpose of this chapter, “personally identifiable employee medical information”: (1) Means employee medical information accompanied by either: (a) Direct identifiers, including: (i) Name, (ii) Address, (iii) Social Security number, (iv) Payroll number; or (b) Information which could reasonably be used indirectly to identify specific employees, including: (i) Exact age, (ii) Height, (iii) Weight, (iv) Race, (v) Sex, (vi) Date of initial employment, or (vii) Job title; (2) Does not include: (a) Aggregate employee medical information or medical records on individual employees not in a personally identifiable form; (b) Personally identifiable employee medical information obtained in the course of litigation; (c) Records required by COMAR 09.12.21; (d) Death certificates; or (e) Employee exposure records, including biological monitoring records which constitute exposure records under either 29 CFR §1910.1020(c)(5) or specific occupational safety and health standards. #### Regulation .04 Responsible Individuals. *COMAR 09.12.22.04* A. The Commissioner or the Commissioner's authorized representative is responsible for the overall administration and implementation of the procedures contained in this chapter, including making a final determination concerning: (1) Access to personally identifiable employee medical information; and (2) Interagency transfer or public disclosure of personally identifiable employee medical information. B. Medical Records Officer. (1) The Commissioner or the Commissioner's authorized representative shall designate a medical records officer with experience or training in the evaluation, use, and privacy protection of medical records. (2) The medical records officer shall: (a) Report directly to the Commissioner or the Commissioner's authorized representative on matters concerning this chapter; and (b) Be responsible for: (i) Making a recommendation to the Commissioner or the Commissioner's authorized representative regarding the approval or denial of a written access order, (ii) Assuring that a written access order meets the requirements of Regulation .05B and C of this chapter, (iii) Responding to an objection from an employee, collective bargaining agent, or employer concerning a written access order, (iv) Regulating the use of direct personal identifiers, (v) Regulating internal agency use and security of personally identifiable employee medical information, (vi) Assuring that the results of an analysis of personally identifiable medical information are, when appropriate, communicated to employees, (vii) Preparing an annual report of experience under Regulation .10 of this chapter, and (viii) Assuring that advance notice is given of intended interagency transfer or public disclosure of personally identifiable employee medical information. C. Principal Investigator. (1) The principal investigator is the MOSH representative who, in each instance of access to personally identifiable employee medical information, is made primarily responsible for assuring that the examination and use of the information is performed in the manner prescribed by: (a) A written access order; and (b) The requirements of this chapter. (2) When access is under a written access order, the principal investigator shall be professionally trained in medicine, public health, or allied fields such as epidemiology, toxicology, industrial hygiene, biostatistics, or environmental health. #### Regulation .05 Written Access Orders. *COMAR 09.12.22.05* A. Requirements. (1) Except as provided in §D of this regulation, a request by a MOSH representative to examine or copy personally identifiable employee medical information contained in a record held by an employer or other record holder shall be made in accordance with a written access order approved by the Commissioner or the Commissioner's authorized representative upon the recommendation of the medical records officer. (2) At the Commissioner's discretion, a written access order may constitute, or be accompanied by, an administrative subpoena. B. Approval Criteria. Before issuing a written access order, the Commissioner or the Commissioner's authorized representative and the medical records officer shall determine that: (1) The medical information to be examined or copied is relevant to a statutory purpose; (2) There is a need to gain access to the personally identifiable information; (3) The personally identifiable medical information to be examined or copied is limited to only the information needed to accomplish the purpose for access; and (4) The personnel authorized to review and analyze the personally identifiable medical information are limited to those who have need for access and who have appropriate professional qualifications. C. Content. A written access order shall state with reasonable particularity: (1) The statutory purposes for which access is sought; (2) A general description of the kind of employee medical information that will be examined; (3) An explanation of the need to examine personally identifiable employee medical information; (4) Whether medical information will be examined onsite; (5) What type of information will be copied and removed offsite; (6) The name, address, and telephone number of the principal investigator and medical records officer; (7) The name of any other authorized individual who is expected to review and analyze the medical information; and (8) The anticipated period of time during which the employee medical information in a personally identifiable form is expected to be retained. D. Special Situations Not Requiring a Written Access Order. (1) MOSH personnel are permitted to examine or copy personally identifiable employee medical information without a written access order if: (a) The specific written consent of an employee is obtained under 29 CFR §1910.1020(e)(2)(ii), and MOSH or a MOSH employee is listed on the authorization as the designated representative to receive the medical information; (b) When the information is taken offsite, the Commissioner or the Commissioner's authorized representative promptly: (i) Names a principal investigator to ensure protection of the information, and (ii) Notifies the medical records officer of the principal investigator's identity; and (c) MOSH handles the personally identifiable medical information in accordance with the use and security requirements of Regulations .06 and .07 of this chapter. (2) MOSH Physician. (a) A MOSH staff or contract physician shall be accorded access to personally identifiable employee medical information without a written access order, if the MOSH staff or contract physician: (i) Is consulting with an employer's physician concerning an occupational safety or health issue; (ii) Conducts an on-site evaluation of employee medical records in consultation with the employer's physician; and (iii) Makes only necessary personal notes of the MOSH staff or contract physician's findings. (b) Employee medical records may not be taken offsite in the absence of a written access order or the specific written consent of an employee. (c) Notes of personally identifiable employee medical information made by the MOSH physician may not leave the physician's control without the permission of the medical records officer. E. Procedure for Presentation of Written Access Order. (1) Presentation to Employer. (a) Before examining or obtaining medical information subject to a written access order, the principal investigator, or a MOSH employee under the investigator's supervision, shall present to the employer: (i) At least two copies of the written access order; and (ii) An accompanying cover letter to the employer. (b) At least one copy of the written access order may not identify specific employees by direct personal identifier. (c) The accompanying cover letter shall: (i) Summarize the requirements of this section; and (ii) Indicate that questions or objections concerning the written access order may be directed to the principal investigator or to the medical records officer. (d) The employer shall post promptly: (i) A copy of the written access order which does not identify specific employees by direct personal identifier; and (ii) The accompanying cover letter. (2) Presentation to Collective Bargaining Agent. The principal investigator shall present promptly to each collective bargaining agent representing employees whose medical records are subject to the written access order: (a) A copy of the written access order which does not identify specific employees by direct personal identifier; and (b) The accompanying cover letter. (3) Notice to Employees. (a) After presentation of a written access order to an employer and a collective bargaining agent, if any, the principal investigator shall: (i) Discuss with the collective bargaining agent, if any, and the employer whether to provide individual notice to employees affected by the written access order; and (ii) If it is agreed that individual notice is appropriate, provide the employer an adequate number of copies of the written access order which does not identify specific employees by direct personal identifier, and the accompanying cover letter. (b) An employer shall notify each affected employee by delivering the written access order or by placing a copy in each employee's medical file. F. Objections Concerning a Written Access Order. (1) An employee, collective bargaining agent, and employer may file a written objection to access to records under a written access order. (2) A written objection shall be transmitted to the medical records officer. (3) Unless the Commissioner or the Commissioner's authorized representative decides otherwise, access to the records shall proceed without delay, notwithstanding the filing of an objection. (4) The medical records officer shall respond in writing to a written objection to access by MOSH. (5) If appropriate, the medical records officer may: (a) Revoke a written access order; and (b) Direct that the medical information obtained under the revoked written access order be returned to the original record holder, or destroyed. (6) The principal investigator shall ensure that the instructions by the medical records officer are promptly implemented. G. Removal of Direct Personal Identifiers. (1) If employee medical information obtained under a written access order is taken offsite with direct personal identifiers included, and the investigator is not otherwise authorized by the medical records officer, the principal investigator shall: (a) Separate promptly all direct personal identifiers from the medical information; and (b) Code the medical information and the list of direct identifiers with a unique identifier for each employee. (2) The medical information with the code shall be used and kept secured as though still in a directly identifiable form. (3) The principal investigator shall hand deliver or mail the list of direct personal identifiers with corresponding codes to the medical records officer. (4) The medical records officer shall limit the use and distribution of the list of coded identifiers to individuals with a need to know its contents. #### Regulation .06 MOSH Use of Personally Identifiable Employee Medical Information. *COMAR 09.12.22.06* A. Whenever practicable, the examination of personally identifiable employee medical information shall be performed onsite with a minimum of medical information taken offsite in a personally identifiable form. B. The principal investigator, in each instance of access, is primarily responsible for ensuring that personally identifiable employee medical information is used and kept secured in accordance with this chapter. C. The principal investigator, the medical records officer, the Commissioner or the Commissioner's authorized representative, and any other authorized individual listed on a written access order may permit the examination or use of personally identifiable employee medical information by MOSH personnel and contractors who have: (1) A need for access; and (2) Appropriate qualifications for the purpose for which they are using the information. D. MOSH personnel or contractors are not authorized to examine or otherwise use personally identifiable employee medical information unless so permitted. E. If a need exists, access to personally identifiable employee medical information may be provided to: (1) An assistant attorney general assigned to MOSH; and (2) A MOSH contractor who: (a) Is a physician, or (b) Has contractually agreed to abide by the requirements of this chapter and to implement directives and instructions regarding them. F. MOSH personnel and contractors are authorized to use personally identifiable employee medical information only for the purposes for which it was obtained unless the: (1) Specific written consent of the affected employee is obtained to permit information to be used for another purpose; or (2) Procedures in Regulation .05 of this chapter are repeated with respect to using the information for another purpose. #### Regulation .07 Security Procedures. *COMAR 09.12.22.07* A. MOSH Files. (1) MOSH files containing personally identifiable employee medical information shall be segregated from other MOSH files. (2) When not in active use, files containing personally identifiable employee medical information shall be kept secured in a locked cabinet or vault. B. Except for necessary use by staff under their direct personal supervision, both the medical records officer and the principal investigator shall maintain a log of: (1) Uses and transfers of personally identifiable employee medical information; and (2) Lists of coded direct personal identifiers. C. Photocopying or other duplication of personally identifiable employee medical information shall be kept to the minimum necessary to accomplish the purposes for which the information was obtained. D. The protective measures established by this regulation apply to all: (1) Worksheets; (2) Duplicate copies; or (3) Other documents containing personally identifiable employee medical information. E. Intra-Agency Transfers. (1) Intra-agency transfers of personally identifiable employee medical information shall be by: (a) Hand delivery; (b) United States mail; or (c) An equally protective means. (2) Inter-office mailing channels may not be used. #### Regulation .08 Retention and Destruction of Records. *COMAR 09.12.22.08* A. Consistent with Maryland records retention programs, personally identifiable employee medical information and lists of coded direct personal identifiers shall be destroyed or returned to the original record holder when they are no longer needed for the purposes for which they were obtained. B. The medical records officer shall: (1) Maintain custody of personally identifiable employee medical information which is currently not being used actively but may be needed for future use; and (2) Conduct an annual review of all centrally held information to determine which information is no longer needed for the purposes for which it was obtained. #### Regulation .09 Results of Analysis Using Personally Identifiable Employee Medical Information. *COMAR 09.12.22.09* If appropriate, the medical records officer shall communicate the results of a MOSH analysis using personally identifiable employee medical information to employees whose personal medical information was used as part of the analysis. #### Regulation .10 Annual Report. *COMAR 09.12.22.10* A. On an annual basis, the medical records officer shall review MOSH experience under this chapter during the previous year, and prepare a report to the Commissioner, which shall be made available to the public. B. The report shall discuss: (1) The number of written access orders approved and a summary of the purposes for access; (2) The nature and disposition of employee, collective bargaining agent, and employer written objections concerning access to personally identifiable employee medical information; and (3) The nature and disposition of requests for inter-agency transfer or public disclosure of personally identifiable employee medical information. #### Regulation .11 Inter-Agency Transfer and Public Disclosure. *COMAR 09.12.22.11* A. Except when required by law or when approved by the Commissioner, personally identifiable employee medical information may not be: (1) Transferred to an agency or office other than MOSH, except to an assistant attorney general assigned to MOSH; or (2) Disclosed to the public, other than to the affected employee or the original record holder. B. Except as provided in §C of this regulation, without the consent of the affected employee, the Commissioner or the Commissioner's authorized representative may not approve a request for an inter-agency transfer of personally identifiable employee medical information, unless the request is from a public health agency which: (1) Needs the requested information in a personally identifiable form for a substantial public health purpose; (2) Will not use the requested information to make individual determinations concerning an affected employee which could be to the employee's detriment; (3) Has regulations or established written procedures providing protection for personally identifiable medical information substantially equivalent to that of this chapter; and (4) Satisfies an exemption to the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, to the extent that the Maryland Public Information Act applies to the requested information. C. To the extent permitted by State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, and upon the approval of the Commissioner or the Commissioner's authorized representative, personally identifiable employee medical information may be transferred to the: (1) National Institute for Occupational Safety and Health (NIOSH); and (2) When necessary with respect to a specific action under the Act, Office of the Maryland Attorney General, or the State's Attorney for Baltimore City or a Maryland county. D. The Commissioner may not approve a request for public disclosure of employee medical information containing: (1) Direct personal identifiers unless there are compelling circumstances affecting the health or safety of an individual; or (2) Information which could reasonably be used indirectly to identify a specific employee when the disclosure would constitute a clearly unwarranted invasion of personal privacy. E. Advance Notice. (1) Except for an interagency transfer under §C of this regulation, when MOSH intends to release personally identifiable employee medical information to another agency or a member of the public other than an affected employee, the medical records officer shall ensure advance notice is provided to: (a) A collective bargaining agent representing affected employees; and (b) The employer. (2) When the employee medical information to be transferred or disclosed contains direct personal identifiers, the medical records officer shall take reasonable steps to ensure that advance notice is provided to affected employees, when feasible. (3) A release made under this section shall comply with State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. ### Chapter 23 — Prohibition on Smoking in an Indoor Place of Employment **Authority:** Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-608(b), Annotated Code of Maryland **Administrative History:** Effective date: August 1, 1994 (21:15 Md. R. 1304) **Administrative History:** Chapter revised as an emergency provision effective September 17, 2007 (34:21 Md. R. 1910); revised permanently effective February 25, 2008 (35:4 Md. R. 513) **Administrative History:** Regulation .01B amended effective February 9, 2009 (36:3 Md. R. 208) **Administrative History:** Annotation: On July 22, 1994, judicial action stayed the enforcement of COMAR 09.12.23. H & G Restaurant, Inc., et al. v. William A. Fogle, et al., Case No. CG 2460, Circuit Court for Talbot County. On February 24, 1995, the Court of Appeals vacated the stay. William A. Fogle, et al. v. H & G Restaurant, Inc., et al., Case No. 69, September Term. At the time this supplement went to press, subject to additional legislative or judicial action, these regulations are scheduled to take effect on March 28, 1995. #### Regulation .01 Definitions. *COMAR 09.12.23.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Indoor place of employment” includes, but is not limited to: (a) An indoor work area; (b) A vehicle other than a private vehicle as used in Health-General Article, §24-505(1), Annotated Code of Maryland, when an employee uses it in the course of employment; (c) An employee lounge or restroom; (d) A conference and meeting room; (e) A classroom; (f) A cafeteria operated by an employer for use by its employees; (g) A hallway; (h) A restaurant; (i) A bar or tavern; (j) A sleeping room in a hotel or motel; and (k) An assembly, conference, convention, or meeting establishment or enclosed portion of the establishment. (2) “Private vehicle”, as used in Health-General Article, §24-505(1), Annotated Code of Maryland, means: (a) An individual's own vehicle being used for nonemployment purposes; or (b) An individual's own vehicle, when used in the course of employment and occupied by only one individual. (3) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco. #### Regulation .02 Exclusions. *COMAR 09.12.23.02* This chapter does not apply to: A. Private homes; B. Residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care; C. Private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation; D. A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25 percent; E. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which: (1) The primary activity is the retail sale of tobacco products and accessories; and (2) The sale of other products is incidental; F. Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or G. A research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke. #### Regulation .03 Employer Requirements. *COMAR 09.12.23.03* An employer shall: A. Ensure that in an indoor place of employment there is no smoking; and B. Post at each entrance to an indoor place of employment a sign stating that smoking is not permitted. #### Regulation .04 Interpretation. *COMAR 09.12.23.04* This chapter may not be construed to prevent an employer from prohibiting smoking in areas not covered by Labor and Employment Article §5-608(a), Annotated Code of Maryland. ### Chapter 24 — MOSH Consultation Education and Training Program **Authority:** Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-328, Annotated Code of Maryland **Administrative History:** Effective date: February 13, 1995 (22:3 Md. R. 153) **Administrative History:** Regulations .03—.06 repealed and new Regulations .03—.08 adopted as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); adopted permanently effective June 24, 2002 (29:12 Md. R. 926) **Administrative History:** Regulation .03 amended effective August 11, 2008 (35:16 Md. R. 1391) **Administrative History:** Regulation .05 amended effective August 11, 2008 (35:16 Md. R. 1391) **Administrative History:** Regulation .06 amended effective August 11, 2008 (35:16 Md. R. 1391) **Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective August 11, 2008 (35:16 Md. R. 1391) **Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective August 11, 2008 (35:16 Md. R. 1391) **Administrative History:** Regulation .09 adopted effective August 11, 2008 (35:16 Md. R. 1391) #### Regulation .01 Purpose. *COMAR 09.12.24.01* A. This chapter provides for the conduct of Maryland's Occupational Safety and Health (MOSH) Consultation Program in accordance with federal law, regulations, and procedures. B. This chapter establishes the conditions under which an employer may be granted an exemption from certain MOSH inspections. #### Regulation .02 Establishment. *COMAR 09.12.24.02* A. There is in the Occupational Safety and Health unit of the Division of Labor and Industry a MOSH Consultation Program. B. Service of the Program is available only upon request by the employer. #### Regulation .03 Scope of Request. *COMAR 09.12.24.03* A. Availability of Services. (1) The MOSH Consultation Program shall provide on-site and off-site consultation services in accordance with this chapter. (2) Consultation services are available from the Division of Labor and Industry only through the MOSH Consultation Program. B. Prioritization. In allocating resources, the Division shall assign priority as follows: (1) To businesses with fewer than 250 employees on site and fewer than 500 corporate-wide; and (2) In accordance with 29 CFR §1908.5(c). #### Regulation .04 Incorporation by Reference. *COMAR 09.12.24.04* A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) The following sections of Consultation Agreements, 29 CFR 1908 (October 26, 2000): (a) 29 CFR §1908.2; (b) 29 CFR §1908.4; (c) 29 CFR §1908.5, except in (b)(2), the last sentence, change the word “insight” to “initial”; (d) 29 CFR §1908.6; and (e) 29 CFR §1908.7, except: (i) In paragraph(a)(1), substitute the following for the existing text, “Consultative activity shall be conducted independently of any MOSH enforcement activity”; (ii) In paragraph (b)(2), after (iv), insert: “Accident investigations”; and “(v)”. (iii) In paragraph (b)(4), after the word “employers” insert “at fixed worksites”; (iv) In paragraph (b)(4)(i)(B), substitute the words “Commissioner of Labor and Industry” for “Regional Office”; and (v) In paragraph (b)(4)(ii), add the following criteria: (2) The following amendments apply to the documents incorporated by reference in §B(1) of this regulation, except 29 CFR §1908.2: (a) Wherever the words “Assistant Secretary” appear, substitute “Commissioner of Labor and Industry”, except in 29 CFR §1908.6(g)(1); (b) Wherever the words “RA” or “Area Director” appear, substitute “Assistant Commissioner”; (c) Wherever the words “compliance officer” or “OSHA compliance officer” appear, substitute “MOSH compliance officer”; (d) Wherever the word “employee” appears, it means an employee as defined in §5-101(c) of the MOSH Act; (e) Wherever the word “employer” appears, it means employer as defined in §5-101(d) of the MOSH Act; (f) Wherever the words “Section 5(a)(1) of the OSHA Act” appear, it means §5-104 of the MOSH Act; and (g) Substitute “Assistant Commissioner” for: (i) “appropriate OSHA enforcement authority” in 29 CFR §1908.6(f)(1); and (ii) “OSHA enforcement authority” in 29 CFR §1908.6(f)(4). (3) Safety and Health Program Management Guidelines, 54 FR 3904—3916 (1989); and (4) Safety and Health Program Assessment Worksheet (OSHA Form 33) (Revised October 2000). #### Regulation .05 Recognition and Exemption. *COMAR 09.12.24.05* A. The recognition and exemption program shall be known as the Safety and Health Achievement Recognition Program (SHARP). B. The authority to approve an employer for SHARP rests with the Commissioner of Labor and Industry. C. To be eligible for consideration for participation in SHARP, an employer shall: (1) Be a single, fixed worksite; (2) Have at least 1 year of operating history, in order to have established a days away from work, days of restricted work activity, or job transfer (DART) Rate and a Total Recordable Case (TRC) Rate using the calculation formulas in Regulations .08 and .09 of this chapter; (3) Have reduced the DART Rate and TRC Rate at the worksite to below the industry average using the method permitted in §D of this regulation and the calculation formulas in Regulations .08 and .09 of this chapter; (4) Request, in writing, a complete safety and health hazard assessment of all working conditions, equipment, and processes at the worksite and correct all hazards, including serious and other-than-serious hazards, identified by the MOSH consultant; (5) Have implemented and maintained a safety and health management system, preferably in writing, that addresses, at a minimum, the major elements of the 1989 Safety and Health Program Management Guidelines; (6) Score at least two on all 50 basic attributes of the Safety and Health Program Assessment Worksheet; (7) Agree to notify the consultation project manager and request a subsequent on-site consultation visit when making any changes in working conditions or work processes that might introduce new hazards into the workplace; (8) At the time the employer requests the complete safety and health hazard assessment, post a notice that it intends to participate in SHARP; (9) Keep the notice required under §C(8) of this regulation posted until all hazards have been corrected; and (10) Mutually agree with the consultation project manager on an achievement plan, which provides an outline for the continuous improvement of the employer's safety and health management system. D. Injury and Illness Rates. (1) Annual Rate Formula. (a) The DART and TRC Rate calculations shall be based on the Occupational Safety and Health Act (OSHA) Form 300 information for the last full calendar year preceding the on-site evaluation using the annual rate formula in Regulations .08 and .09 of this chapter. (b) The calculated DART and TRC Rates shall be compared against the most recently published Bureau of Labor Statistics (BLS) average rates for the industry. (c) To qualify for SHARP, the employer's DART and TRC Rates shall be below the published BLS industry average rates. (2) Three-Year Rate Formula. (a) Employers not qualifying using the annual rate formula may qualify if: (i) The employer has at least 3 years of operating history; and (ii) The calculated average DART Rate, based on the OSHA Form 300 information for the most recent 3 full calendar years preceding the on-site evaluation, and the calculated average TRC Rate based on the OSHA Form 300 information for the most recent 3 full calendar years preceding the on-site evaluation are below the most recently published BLS national average rates for that industry. (b) The calculations shall be made in accordance with the 3-year rate formula in Regulations .08 and .09 of this chapter. (3) Best 3 Out of 4 Years Rate Calculation. (a) Employers not qualifying with rates calculated in accordance with the annual rate formula or the 3-year rate formula are eligible to use the best 3 out of 4 years calculation method if: (i) A hypothetical TRC Rate is calculated assuming two recordable injuries and using the hours worked at the site in the most recent calendar year; and (ii) The hypothetical TRC Rate is equal to or higher than the BLS average rate for any of the 3 most recently published years for the employer's industry. (b) Employers meeting the criteria under §D(3)(a)(i) and (ii) of this regulation may use the 3-year rate formula and the best DART and TRC Rates from 3 of the 4 years preceding the on-site evaluation. (c) The calculation shall be made in accordance with the best 3 out of 4 years rate calculation method in Regulations .08 and .09 of this chapter. (4) The Commissioner of Labor and Industry may approve SHARP status if an employer has rates equal to or slightly greater than the industry average after using the calculation methods set forth in §D(1), (2), and (3) of this regulation if: (a) The employer is currently a SHARP participant; (b) The employer has a score of at least two on all 50 basic attributes of the Form 33; and (c) The employer qualifies for the rate calculation under §D(3)(a)(ii) of this regulation, but fails to meet either the DART or TRC Rate requirements. E. To maintain participation in SHARP, an employer shall continue to meet the requirements described in §C of this regulation. F. Employer sites meeting all of the SHARP criteria described in §C of this regulation may be approved for SHARP by the Commissioner of Labor and Industry. G. Duration of SHARP Status and Exemption Period. (1) The initial approval period and all renewals of SHARP status shall be for a period of up to 2 years, beginning from the date of approval by the Commissioner of Labor and Industry. (2) SHARP employers are exempt from MOSH programmed inspections. The exemption period shall begin on the date that the Commissioner of Labor and Industry approves the employer's participation in SHARP. (3) If the initial or renewal period is for 2 years, participating employers shall submit the following to the consultation project manager during the interim year: (a) A copy of requested worksite OSHA 300 Logs; (b) A copy of the worksite's injury and illness incident reports; and (c) Information regarding the completion of items set forth in the achievement plan described in §C(10) of this regulation. #### Regulation .06 Pre-SHARP Status. *COMAR 09.12.24.06* A. Employers that do not meet the SHARP requirements, but that exhibit a reasonable promise of achieving agreed upon milestones and time frames for SHARP participation, may be granted pre-SHARP status by the Commissioner of Labor and Industry. B. Pre-SHARP status may be granted to an employer that: (1) Meets the eligibility requirements of Regulation .05C(1) and (2) of this chapter; (2) Requests, in writing, a safety and health management system assessment, and a complete safety and health hazard assessment of all working conditions, equipment, and processes at the worksite; (3) Shows reasonable promise of achieving milestones and time frames agreed upon with the consultation project manager; (4) Posts the list of hazards identified by the consultant; (5) Provides information on all serious hazards identified by the consultant to employees; (6) Corrects all serious and other-than-serious hazards identified by the consultant; (7) Informs employees when hazards are corrected; (8) Shows evidence of having the foundation of a safety and health management system; (9) Implements the action plan developed by the consultant outlining the necessary achievement and time frames required for the employer to achieve SHARP status; (10) Provides progress reports on implementation of the action plan referred to in §B(9) of this regulation to the consultation project manager; (11) Posts a letter from the Commissioner of Labor and Industry approving pre-SHARP status; (12) Involves employees in the safety and health management system, including implementation of the action plan referred to in §B(9) of this regulation; (13) At sites having a recognized employee representative: (a) Notifies the recognized employee representative of the employer's intention to participate in SHARP and pre-SHARP; and (b) Involves the recognized employee representative in the process; (14) Agrees to a complete safety and health hazard assessment of all working conditions, equipment, and processes at the worksite at the end of the pre-SHARP period; (15) Notifies the Commissioner of Labor and Industry before making any changes in working conditions or work processes that might introduce new hazards into the workplace; and (16) Demonstrates the capability of reducing the site's DART Rate and TRC Rate to below the industry national average within the pre-SHARP period using the calculation formulas in Regulations .08 and .09 of this chapter. C. An employer meeting the requirements of §B(1)—(16) of this regulation may be granted a deferral from MOSH programmed inspections by the Commissioner of Labor and Industry while working to achieve SHARP status. The period of deferral, including extensions, may not exceed a total of 18 months from the expiration of the correction due date or due dates, including extensions. #### Regulation .07 Participation in SHARP and Pre-SHARP. *COMAR 09.12.24.07* A. Relocation and Change in Ownership. (1) Eligibility for participation in SHARP and pre-SHARP may be affected by relocation and change in ownership. (2) Employers planning to relocate their facilities within the State shall notify the consultation project manager in writing 60 days before the move and permit a MOSH consultation visit within 30 days after the move. (3) If the requirements of §A(2) of this regulation are not met, the consultation project manager shall ask the employer to withdraw from SHARP or pre-SHARP. (4) Employers undergoing ownership or other major organizational changes that may impact the safety and health management system shall discuss these changes with the consultation project manager who may schedule an on-site visit. B. Inspection of SHARP or Pre-SHARP sites by MOSH may be triggered by: (1) Imminent danger; (2) Fatality or catastrophe; (3) Formal complaints; (4) Follow-up on a previously cited violation; (5) Accident; or (6) Referral from a MOSH safety compliance officer to a MOSH health compliance officer, or from a MOSH health compliance officer to a MOSH safety compliance officer. C. SHARP Renewal. To renew for SHARP, an employer shall: (1) Apply to the consultation project manager for SHARP renewal, in writing, within 180 days of expiration of the exemption status; (2) Post a copy of the renewal request required in §C(1) of this regulation, and keep the notice posted until all hazards identified during the full service safety and health hazard assessment have been corrected; (3) Establish that the employer has: (a) Maintained or improved its safety and health management system through a safety and health management system assessment; and (b) Completed a safety and health hazard assessment of all working conditions, equipment, and processes at the worksite conducted by the consultation project manager, or the consultation project manager's designee; and (4) Continue to meet all the eligibility and qualifying criteria described in §C of this regulation, including calculating the site's injury and illness data using the appropriate method described in Regulations .05D, .08, and .09 of this chapter. D. Voluntary Withdrawal from SHARP or Pre-SHARP. (1) The consultation project manager shall give an employer that fails to maintain the eligibility criteria in Regulation .05C of this chapter the opportunity to voluntarily withdraw from SHARP. The consultation project manager shall give an employer that fails to maintain the eligibility criteria in Regulation .06 of this chapter the opportunity to voluntarily withdraw from pre-SHARP. (2) An employer may withdraw from SHARP or pre-SHARP at any time. (3) To withdraw from SHARP or pre-SHARP, the employer shall provide the consultation project manager with: (a) A written notice of withdrawal; and (b) The SHARP certificate, if the employer had been granted SHARP status. (4) Withdrawal from SHARP or pre-SHARP is effective immediately upon the employer's compliance with §D(3) of this regulation. (5) The consultation project manager shall notify the Commissioner of Labor and Industry of a SHARP or pre-SHARP withdrawal. E. Termination from SHARP or Pre-SHARP. (1) The Commissioner of Labor and Industry may terminate from SHARP an employer that fails to maintain the eligibility criteria in Regulation .05C of this chapter and fails to voluntarily withdraw from SHARP. (2) The Commissioner of Labor and Industry may terminate from pre-SHARP an employer that fails to maintain the eligibility criteria in Regulation .06 of this chapter, and fails to voluntarily withdraw from pre-SHARP. (3) Notice of termination shall: (a) Be in writing; (b) Contain the reasons for termination; (c) Outline the requirements for reentry into the program; and (d) Be sent to the employer. #### Regulation .08 Rate Calculations. *COMAR 09.12.24.08* A. Annual Rate Formula. (1) Annual rates are calculated by the formula (N/EH) × 200,000 where: (a) N = Sum of the number of recordable injuries and illnesses in the year; (b) EH = Total number of hours worked by all employees in the year; and (c) 200,000 = Equivalent of 100 full time employees working 40 hours per week, 50 weeks per year. (2) For the TRC Rate, in the formula N = H + I + J, use the total number of cases listed on the OSHA 300 Log in columns: (a) Column H (Days away from work); (b) Column I (Job transfer or restriction); and (c) Column J (Other recordable cases). (3) For the DART Rate, in the formula N = H + I, use the total number of cases resulting in days away from work, restricted work activity, or job transfer, or all of these, listed on the OSHA 300 Log in columns: (a) Column H (Days away from work); and (b) Column I (Job transfer or restriction). B. Alternate Calculation Methods. (1) Three-Year Rate Formulas. (a) Three-Year TRC Rate Formula. (Year 1 OSHA 300 Log columns H + I + J) + (Year 2 OSHA 300 Log columns H + I + J) + (Year 3 OSHA 300 Log columns H + I + J) / (Year 1 hours + Year 2 hours + Year 3 hours) × 200,000. (b) Three-Year DART Rate Formula. (Year 1 OSHA 300 Log columns H + I) + (Year 2 OSHA 300 Log columns H + I) + (Year 3 OSHA 300 Log columns H + I) / (Year 1 hours + Year 2 hours + Year 3 hours) × 200,000. (2) Best 3 Out of 4 Years Rate Calculation Method. To determine whether an employer qualifies for the best 3 out of 4 years calculation method, do the following: (a) Using the hours worked at the site in the most recent calendar year, including overtime hours, calculate a hypothetical TRC Rate for the employer assuming that the employer had two cases during the year; (b) Compare that hypothetical rate to the 3 most recently published years of BLS combined injury/illness rates for the industry; and (c) If the hypothetical rate, based on two cases, is equal to or higher than the national average for the employer's industry for any of the most current BLS published rates, the employer qualifies for the best 3 out of 4 years calculation method. The DART and TRC Rates may be calculated using the best 3 out of the most current 4 full calendar years of OSHA Form 300 data. C. Rounding Instructions. You must round the rates to the nearest tenth following traditional mathematical rounding rules such as round 5.88 up to 5.9, round 5.82 down to 5.8, and round 5.85 up to 5.9. D. Comparison to National Averages. (1) Compare the 3-year TRC and DART Rate to the most recently published BLS national average for the NAICS Code for the industry in which the applicant is classified; (2) In the multi-year calculations, both the DART and TRC Rates have to be below the BLS rates for the same year; (3) If BLS rates are not available for both the DART and TRC Rates, use the next smallest NAICS Code such as a six-digit NAICS to a five-digit NAICS; and (4) If BLS rates are available for either the DART or TRC Rate, use the BLS rate that is available. #### Regulation .09 Sample Calculations. *COMAR 09.12.24.09* A. Scenario. (1) A safety and health consultant visited a machine shop, NAICS 33271 and SICS 3599, and recorded the following OSHA 300 Log information: (2) This data is used throughout the examples that follow. B. Calculations. (1) Annual Rate Formula Calculations (Year 2005). (a) DART. (i) DART = [[(COLUMN H) 2005 + (COLUMN I) 2005] X [200,000 HOURS]] / [HOURS WORKED2005] (ii) DART = [[(0) +(1)] X [200,000 HOURS]] / [10,000 HOURS] (iii) DART = [[(1)] X [200,000 HOURS]] / [10,000 HOURS] (iv) DART = 20.00 = 20.0 (b) TRC. (i) TRC = [[(COLUMN H) 2005 + (COLUMN I) 2005 + (COLUMN J) 2005] X [200,000 HOURS]] / [HOURS WORKED2005] (ii) TRC = [[(0) +(1) + (0)] X [200,000 HOURS]] / [10,000 HOURS] (iii) TRC = [[(1)] X [200,000 HOURS]] / [10,000 HOURS] (iv) TRC = 20.00 = 20.0 (c) Conclusion. The employer's 2005 DART and TRC Rates of 20.0 are above the 2004 BLS DART and TRC data shown as follows:. (2) Three-Year Rate Formula Calculations (Years 2005, 2004, and 2003). (a) DART. (i) DART = [[(COLUMNS H + I) 2005 + (COLUMNS H + I) 2004 + (COLUMNS H + I) 2003] X [200,000 HOURS]] / [(HOURS WORKED) 2005 + (HOURS WORKED) 2004 + (HOURS WORKED) 2003] (ii) DART = [[(0 + 1) + (0 + 0) + (0 + 0)] X [200,000 HOURS]] / [[(10,000) + (14,000) + (12,000)] HOURS] (iii) DART = [[(1)] X [200,000 HOURS]] / [36,000 HOURS] (iv) DART = 5.56 = 5.6 (b) TRC. (i) TRC = [[(COLUMNS H + I + J) 2005 + (COLUMNS H + I + J) 2004 + (COLUMNS H + I + J) 2003] X [200,000 HOURS]] / [(HOURS WORKED) 2005 + (HOURS WORKED) 2004 + (HOURS WORKED) 2003] (ii) TRC = [[(0 + 1 + 0) + (0 + 0 + 0) + (0 + 0 + 1)] X [200,000 HOURS]] / [[(10,000) + (14,000) + (12,000)] HOURS] (iii) TRC = [[(2)] X [200,000 HOURS]] / [36,000 HOURS] (iv) TRC = 11.11 = 11.1 (c) Conclusion. Using the 3-year calculation, the employer's DART and TRC Rates of 5.6 and 11.1, respectively, are above the most recently available BLS data shown as follows: (3) Determining eligibility to use the best 3 out of 4 years rate calculations. (a) Calculate hypothetical TRC: (i) TRC Hypothetical = [[(SUM OF (2) FOR COLUMNS H + I + J FOR 2005)] X [200,000 HOURS]] / [HOURS WORKED2005] (ii) TRC Hypothetical = [[(2)] X [200,000 HOURS]] / [10,000 HOURS] (iii) TRC Hypothetical = 40.00 = 40.0 (b) Employer's hypothetical TRC Rate of 40.0 is equal to or higher than the BLS industry average for at least 1 of the past 3 years published; therefore, the employer would be eligible for the best 3 out of 4 years rate calculations. (4) Best 3 Out of 4 Years Rate Calculations (Years 2005, 2004, and 2002). (a) DART. (i) DART = [[(COLUMNS H + I) 2005 + (COLUMNS H + I) 2004 + (COLUMNS H + I) 2002] X [200,000 HOURS]] / [(HOURS WORKED) 2005 + (HOURS WORKED) 2004 + (HOURS WORKED) 2002] (ii) DART = [[(0 + 1) + (0 + 0) + (0 + 0)] X [200,000 HOURS]] / [[(10,000) + (14,000) + (16,000)] HOURS] (iii) DART = [[(1)] X [200,000 HOURS]] / [40,000 HOURS] (iv) DART = 5.00 = 5.0 (b) TRC. (i) TRC = [[(COLUMNS H + I + J) 2005 + (COLUMNS H + I + J) 2004 + (COLUMNS H + I + J) 2002] X [200,000 HOURS]] / [(HOURS WORKED) 2005 + (HOURS WORKED) 2004 + (HOURS WORKED) 2002] (ii) TRC = [[(0 + 1 + 0) + (0 + 0 + 0) + (0 + 0 + 0)] X [200,000 HOURS]] / [[(10,000) + (14,000) + (16,000)] HOURS] (iii) TRC = [[(1)] X [200,000 HOURS]] / [40,000 HOURS] (iv) TRC = 5.00 = 5.0 (c) Conclusion. The employer's DART Rate of 5.0 is above the 2004 BLS DART Rate of 2.9. The employer's TRC Rate of 5.0 is below the 2004 BLS TRC Rate of 6.9. Because at least one of the employer's injury and illness rates is above the BLS data, this combination of years would not make the employer eligible for SHARP, as shown as follows: (5) Best 3 out of 4 years Rate Calculations (Years 2005, 2003, and 2002). (a) DART. (i) DART = [[(COLUMNS H + I) 2005 + (COLUMNS H + I) 2003 + (COLUMNS H + I) 2002] X [200,000 HOURS]] / [(HOURS WORKED) 2005 + (HOURS WORKED) 2003 + (HOURS WORKED) 2002] (ii) DART = [[(0 + 1) + (0 + 0) + (0 + 0)] X [200,000 HOURS]] / [[(10,000) + (12,000) + (16,000)] HOURS] (iii) DART = [[(1)] X [200,000 HOURS]] / [38,000 HOURS] (iv) DART = 5.26 = 5.3 (b) TRC. (i) TRC = [[(COLUMNS H + I + J) 2005 + (COLUMNS H + I + J) 2003 + (COLUMNS H + I + J) 2002] X [200,000 HOURS]] / [(HOURS WORKED) 2005 + (HOURS WORKED) 2003 + (HOURS WORKED) 2002] (ii) TRC = [[(0 + 1 + 0) + (0 + 0 + 1) + (0 + 0 + 0)] X [200,000 HOURS]] / [[(10,000) + (12,000) + (16,000)] HOURS] (iii) TRC = [[(2)] X [200,000 HOURS]] / [38,000 HOURS] (iv) TRC = 10.53 = 10.5 (c) Conclusion. The employer's DART and TRC Rates of 5.3 and 10.5, respectively, are both above the most recently available BLS data. Therefore, this combination of years would not make the employer eligible for SHARP, as shown as follows: (6) Best 3 out of 4 Years Rate Calculations (Years 2004, 2003, and 2002). (a) DART. (i) DART = [[(COLUMNS H + I) 2004 + (COLUMNS H + I) 2003 + (COLUMNS H + I) 2002] X [200,000 HOURS]] / [(HOURS WORKED) 2004 + (HOURS WORKED) 2003 + (HOURS WORKED) 2002] (ii) DART = [[(0 + 0) + (0 + 0) + (0 + 0)] X [200,000 HOURS]] / [[(14,000) + (12,000) + (16,000)] HOURS] (iii) DART = [[(0)] X [200,000 HOURS]] / [42,000 HOURS] (iv) DART = 0.00 = 0.0 (b) TRC. (i) TRC = [[(COLUMNS H + I + J) 2004 + (COLUMNS H + I + J) 2003 + (COLUMNS H + I + J) 2002] X [200,000 HOURS]] / [(HOURS WORKED) 2004 + (HOURS WORKED) 2003 + (HOURS WORKED) 2002] (ii) TRC = [[(0 + 0 + 0) + (0 + 0 + 1) + (0 + 0 + 0)] X [200,000 HOURS]] / [[(14,000) + (12,000) + (16,000)] HOURS] (iii) TRC = [[(1)] X [200,000 HOURS]] / [42,000 HOURS] (iv) TRC = 4.76 = 4.8 (c) Conclusion. The employer's DART and TRC Rates are both below the most recently published BLS data. This combination of years would make the employer eligible for SHARP, as follows: (7) For purposes of this section, 200,000 Hours = Base for 100 equivalent full-time employees (working 40 hours per week, 50 weeks per year). ### Chapter 25 — Maryland Occupational Safety and Health—Fall Protection in Steel Erection **Authority:** Labor and Employment Article, §§2-106(b)(4) and 5-312, Annotated Code of Maryland **Administrative History:** Effective date: June 25, 2001 (28:12 Md. R. 1105) **Administrative History:** Regulations .01—.03 repealed and new Regulations .01, .02 adopted effective September 30, 2002 (29:19 Md. R. 1524) #### Regulation .01 Scope. *COMAR 09.12.25.01* This chapter applies to the steel erection activities set forth in 29 CFR §1926.750. #### Regulation .02 Requirements. *COMAR 09.12.25.02* Except for connectors and employees performing leading edge work in a controlled decking zone, fall protection requirements for employees performing steel erection activities, from a location between 10 feet up to and including 15 feet in height are provided for in 29 CFR §1926.28(a). Fall protection requirements for employees performing steel erection activities above 15 feet are provided for in Subpart R, 29 CFR §§1926.760 and 1926.761. Fall protection requirements for connectors and employees performing leading edge work in a controlled decking zone are provided for in Subpart R, 29 CFR §§1926.760 and 1926.761. ### Chapter 26 — Crane Safety **Authority:** Labor and Employment Article, §§2-106(b)(4), 5-104, and 5-312, Annotated Code of Maryland **Administrative History:** Effective date: April 6, 2009 (36:7 Md. R. 522) **Administrative History:** Regulation .03B amended effective December 28, 2009 (36:26 Md. R. 1994) **Administrative History:** Regulation .04B amended effective December 28, 2009 (36:26 Md. R. 1994) **Administrative History:** Regulation .06B amended effective December 28, 2009 (36:26 Md. R. 1994) **Administrative History:** Regulation .08 amended effective December 28, 2009 (36:26 Md. R. 1994) **Administrative History:** Regulation .09 amended effective December 28, 2009 (36:26 Md. R. 1994) **Administrative History:** Regulation .12B amended effective December 28, 2009 (36:26 Md. R. 1994) **Administrative History:** Chapter revised effective June 27, 2011 (38:13 Md. R. 754) **Administrative History:** Regulation .04B amended effective November 24, 2016 (43:23 Md. R. 1279) **Administrative History:** Regulation .10A amended effective November 24, 2016 (43:23 Md. R. 1279) **Administrative History:** Regulation .11D amended effective November 24, 2016 (43:23 Md. R. 1279) #### Regulation .01 Purpose. *COMAR 09.12.26.01* The purpose of this chapter is to prevent incidents that result in property damage, injury, and death, related to the operation of cranes when used in construction and demolition. #### Regulation .02 Scope. *COMAR 09.12.26.02* A. Except as provided in §C of this regulation, this chapter applies to power operated equipment, when used in construction and demolition, that can hoist, lower, and horizontally move a suspended load. B. This chapter applies to all crane operators, signal persons, riggers, and crane operator trainees, and to the erection, operation, and dismantling of cranes used in construction and demolition. C. This chapter does not apply to the following equipment: (1) Machinery included in §A of this regulation while it has been converted or adapted for a non-hoisting/lifting use, and when used with chains, slings, or other rigging to lift suspended loads. Such conversions/adaptations include, but are not limited to, power shovels, excavators, and concrete pumps; (2) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles; (3) Digger derricks: (a) Used for auguring holes for poles carrying electric and telecommunication lines, placing and removing the poles, and for handling associated materials to be installed on or removed from the poles; (b) Used in electric power generation, transmission, and distribution work subject to 29 CFR Part 1926, Subpart V, which shall comply with 29 CFR §1926.950; and (c) Used in construction work for telecommunication service, as defined at 29 CFR §1910.268(s)(40), which shall comply with 29 CFR §1910.268; (4) Machinery originally designed as vehicle-mounted aerial devices such as the type used for lifting personnel and self-propelled elevating work platforms; (5) Powered industrial trucks, such as forklifts, except when configured to hoist and lower by means of a winch or hook and horizontally move a suspended load; (6) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair; (7) Machinery that hoists by using a come-along or chainfall; (8) Telescopic/hydraulic gantry systems; (9) Stacker cranes; (10) Dedicated drilling rigs; (11) Gin poles when used for the erection of communication towers; (12) Tree trimming and tree removal work; and (13) Except as provided in §D of this regulation, articulating/knuckle-boom truck cranes when: (a) Delivering material to a construction site when used to transfer materials from the truck crane to the ground, without arranging the materials in a particular sequence for hoisting; and (b) Delivering material to a construction site when the crane is used to transfer building supply sheet goods, including sheets of sheetrock, plywood, and roofing shingles, or building supply packaged materials, including bags of cement, packages of roofing shingles, and rolls of roofing felt, from the truck crane onto a structure using a fork/cradle at the end of the boom, but only when the truck crane is equipped with a properly functioning automatic overload prevention device. D. This chapter applies to articulating/knuckle-boom truck cranes when: (1) The articulating/knuckle-boom crane is used to hold, support, or stabilize the material to facilitate a construction activity, such as holding material in place while it is attached to the structure; (2) The material being handled by the articulating/knuckle-boom crane is a prefabricated component including, but not limited to, precast concrete members or panels, roof trusses such as wooden, cold-formed metal, steel, or other material, prefabricated building sections such as, but not limited to, floor panels, wall panels, roof panels, roof structures, or similar items; (3) The material being handled by the articulating/knuckle-boom crane is a structural steel member such as steel joists, beams, columns, steel decking, bundled or unbundled, or a component of a systems-engineered metal building as defined in 29 CFR Part 1926, Subpart R; or (4) The activity is not specifically excluded under COMAR 09.12.26.02C(13)(a)(b). E. This chapter applies to the equipment covered by this standard unless specified otherwise. F. The duties of controlling entities under this chapter include, but are not limited to, the duties specified in 29 CFR §1926.1402(c) and (e) and 29 CFR §1926.1424(b). G. Where provisions of this chapter direct an operator, crewmember, or other employee to take certain actions, the employer shall establish, effectively communicate to the relevant persons, and enforce work rules to ensure compliance with such provisions. H. For work covered by 29 CFR §1926.950, compliance with 29 CFR §1910.269(p) is deemed compliance with 29 CFR §§1926.1407—1926.1411. #### Regulation .03 Definitions. *COMAR 09.12.26.03* A. The definitions set forth in 29 CFR §1926.1401 apply to this chapter. B. For the purpose of this chapter, the following terms have the meanings indicated. (1) “ANSI” means the American National Standards Institute. (2) “ASME” means the American Society of Mechanical Engineers. (3) “ASSE” means the American Society of Safety Engineers. (4) “Commissioner” means the Commissioner of Labor and Industry. (5) “Crane” includes all equipment covered by this regulation. (6) “Crane operator” means a person who operates powered equipment covered by this regulation. (7) “Crane operator trainee” means a person who is engaged in a structured training program under the direct supervision of a crane operator who meets the requirements of this chapter. (8) “Crew member” means one or more employees of an employer who performs work in a given operation. (9) “Direct supervision” means that the supervisor: (a) Is in the immediate area of the operation; (b) Is within visual sighting distance of the operation; (c) Is able to effectively communicate with the persons engaged in the operation; and (d) Has no duties other than to observe and supervise the operation. (10) “Level I rigger” means an individual who works under the supervision of a competent person and on a routine basis performs rigging work engaged in lifting loads, other than rigging for special lifts, and the erection, dismantling, jumping, or reconfiguring of cranes. (11) “Level II rigger” means an individual who has accumulated 2 or more years of experience working as a level I rigger and performs rigging work engaged in lifting loads for special lifts, or the erection, dismantling, jumping, or reconfiguring of cranes, or all of these. (12) “Master/lead rigger” means an individual who has accumulated 5 or more years of experience rigging loads and is authorized by the employer to take prompt corrective action to eliminate hazards. (13) “NCCA” means the National Commission for Certifying Agencies. (14) “Qualified person” means a person who, by possession of a recognized degree in an applicable field or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve problems relating to the subject crane operations. (15) “Qualified rigging evaluator” means a person employed by the rigger’s employer who has demonstrated that he or she is competent in accurately assessing whether individuals meet the qualification requirements of this chapter for riggers. (16) “Rigger” means an individual who is engaged in the process of lifting, moving, and rigging loads with hardware and equipment used to attach a load to a crane. (17) “Rigging” means the hardware, equipment, and means used to safely attach a load to a crane by means of adequately rated and properly applied slings or other devices. (18) “Safety sensitive position” means a position subject to drug and alcohol testing because the nature of the employee's duties and responsibilities indicate a potential that impaired performance due to drugs or alcohol, or both, could result in injury or death to the employee or others. (19) “Signal person” means an individual who communicates guidance and direction to a crane operator in lifting, hoisting, moving, or releasing a load. (20) “Special lift” means a lift using multiple cranes or the erection, dismantling, or jumping of a tower crane. (21) “Third party qualified rigging evaluator” means an entity that, due to its independence and expertise, has demonstrated that it is competent in accurately assessing whether individuals meet the qualification requirements of this chapter for riggers. (22) “Tower crane” means a type of lifting structure which utilizes a vertical mast or tower to support a working boom (jib) in an elevated position. Loads are suspended from the working boom. While the working boom may be of a fixed type, horizontal or angled, or have luffing capability, it can always rotate to swing loads, either by rotating on the top of the tower such as top slewing or by the rotation of the tower such as bottom slewing. The tower base may be fixed in one location or ballasted and moveable between locations. Mobile cranes that are configured with luffing jib or tower attachments, or both, are not considered tower cranes under this section. #### Regulation .04 Incorporation by Reference. *COMAR 09.12.26.04* A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) 29 CFR §1926.1402, except (f); (2) 29 CFR §1926.1403; (3) 29 CFR §1926.1404; (4) 29 CFR §§1926.1405 and 1926.1406; (5) 29 CFR §1926.1407; (6) 29 CFR §§1926.1408—1926.1411; (7) 29 CFR §1926.1412, except delete second sentence of (d)(1)(x) that provides, “This paragraph does not apply to the inspection of ground conditions for railroad tracks and their underlying support when the railroad tracks are part of the general railroad system of transportation that is regulated pursuant to the Federal Railroad Administration under 49 CFR Part 213”; (8) 29 CFR §1926.1412(e)(3)(ii), except delete “3 months” and substitute “1 year”; (9) 29 CFR §1926.1412, except in (f)(7) delete “12 months” and substitute “3 years”; (10) 29 CFR §§1926.1413—1926.1426; (11) 29 CFR §1926.1427(f)(1), (f)(2), and (f)(3)(i), (iii), and (iv), and (j)(1) and (2); (12) 29 CFR §§1926.1428—1926.1430, except (c)(2); (13) 29 CFR §1926.1431; (14) 29 CFR §1926.1432; (15) 29 CFR §§1926.1433 and 1926.1434; (16) 29 CFR §1926.1435; (17) 29 CFR §1926.1436; (18) 29 CFR §1926.1437, except in(a) delete “unless specified otherwise” and insert “on non-navigable waters, lakes and streams”; (19) 29 CFR §§1926.1438—1926.1441; (20) Appendix A to Subpart CC of Part 1926—Standard Hand Signals; (21) Appendix B to Subpart CC of Part 1926—Assembly/Disassembly—Sample Procedures for Minimizing the Risk of Unintended Dangerous Boom Movement; and (22) Appendix C to Subpart CC of Part 1926—Operator Certification—Written Examination—Technical Knowledge Criteria; (23) ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Construction Tower Cranes; (24) ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Mobile and Locomotive Cranes; (25) ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Derricks; (26) ANSI/ASSE A10.42-2000 Safety Requirements for Rigging Qualifications and Responsibilities—American National Standard for Construction and Demolition Operations; and (27) Standards for Educational and Psychological Testing (American Educational Research Association, American Psychological Association, National Council on Measurement in Education, 1999). #### Regulation .05 Drug and Alcohol Free Workplace and Substance Abuse Policy. *COMAR 09.12.26.05* A. An employer who employs individuals within a safety sensitive position shall have a drug and alcohol free workplace and substance abuse policy as required by this regulation. B. The Commissioner designates crane operators, signal persons, riggers, and crane operator trainees as safety sensitive positions. C. In addition to the positions designated by the Commissioner, an employer may designate other employees who work with or around cranes as being safety sensitive positions. D. An employer's drug and alcohol free workplace and substance abuse policy shall, at a minimum, require: (1) Mandatory drug or controlled substance and alcohol testing for all safety sensitive positions under the following circumstances: (a) At the commencement of employment in a safety sensitive position; (b) Under reasonable suspicion by the employer; (c) Randomly; and (d) Unless the medical condition of the employee does not permit it, immediately or not later than 24 hours following any incident for which crane operations were a direct or indirect cause and which involve: (i) Property damage greater than $5,000; (ii) Bodily injury; or (iii) A fatality; (2) Testing requirements that are consistent with 49 CFR Part 40, U.S. Department of Transportation, and Health-General Article, §17-214, Annotated Code of Maryland; (3) A prohibition on employees working in a safety sensitive position while under the influence of alcohol, drugs, or a controlled substance, unless: (a) An employee is using a controlled substance under the direction of a licensed physician who has advised the employee that the substance will not adversely affect the employee's ability to safely perform the duties assigned; (b) The employee notifies their supervisor and provides written medical documentation from their physician; and (c) The employer consents; and (4) A prohibition on the use, possession, or manufacture of any unlawful drug or use of alcohol while at work. #### Regulation .06 Crane Operator Requirements. *COMAR 09.12.26.06* A. Except as provided in §B of this regulation, an employer shall ensure that prior to operating equipment under this chapter, a person is qualified or certified in accordance with this regulation. B. The crane operator qualification or certification requirements do not apply to operators of equipment with a maximum manufacturer-rated hoisting/lifting capacity of 2,000 pounds or less. C. An employer is required to provide the training and qualification or certification at no cost to the employee consistent with §D or E of this regulation. D. Requirements for Certification Through an Accredited Crane Operator Testing Organization. (1) An employer can provide certification through an accredited crane operator testing organization. (2) For a testing organization to be considered accredited to certify crane operators under this regulation, it shall: (a) Be accredited by a nationally recognized accrediting agency based on that agency’s determination that industry recognized criteria for written testing materials, physical examinations, test administration, grading, facilities/equipment, and personnel have been met; (b) Administer written and practical tests that: (i) Assess the crane operator applicant regarding, at a minimum, the knowledge and skills listed in 29 CFR §1926.1427(j)(1) and (2); (ii) Provide different levels of certification based on equipment capacity and type; (iii) Have procedures for crane operators to reapply and be retested in the event a crane operator applicant fails a test or is decertified; and (iv) Have testing procedures for recertification designed to ensure that the crane operator continues to meet the technical knowledge and skill requirements in 29 CFR §1926.1427(j)(1) and (2); and (c) Have its accreditation reviewed by the nationally recognized accrediting agency at least every 3 years. (3) A crane operator shall be deemed qualified to operate a particular piece of equipment if: (a) The crane operator is certified under this section for that type and capacity of equipment or for higher-capacity equipment of that type; or (b) When no accredited testing agency offers certification examinations for a particular type or capacity of equipment, or both: (i) The operator has been certified for equipment that is most similar; (ii) A certification examination is available for the most similar equipment; and (iii) Where applicable, the operator’s certificate states the type or capacity of equipment, or both, for which the operator is certified. (4) A certification issued under this section: (a) Is portable; (b) Meets the requirements of §A of this regulation; and (c) Is valid for 5 years. E. Audited Employer Program. (1) An employer can provide qualification through an audited employer program. (2) Requirements for Qualification. (a) The written and practical tests shall be either: (i) Developed by an accredited crane operator testing organization which is accredited by a nationally recognized accrediting agency based on that agency’s determination that industry recognized criteria for written testing materials, practical examinations, test administration, grading, facilities/equipment, and personnel have been met; or (ii) Approved by an auditor who is certified to evaluate such tests by an accredited crane operator testing organization consistent with this regulation. (b) If approved by an auditor as provided in §E(2)(a)(ii) of this regulation, the auditor’s approval process shall be based on the following: (i) The auditor shall determine whether the written and practical tests meet nationally recognized test development criteria that are valid and reliable in assessing the crane operator applicants regarding, at a minimum, the knowledge and skills listed in 29 CFR §1926.1427(j)(1) and (2) of this regulation; and (ii) The audit shall be conducted in accordance with nationally recognized auditing standards. (c) Administration of Tests. (i) The written and practical tests shall be administered under circumstances approved by the auditor as meeting nationally recognized test administration standards. (ii) The auditor shall be certified to evaluate the administration of the written and practical tests by an accredited crane operator testing organization consistent with this regulation. (iii) The auditor may not be an employee of the employer. (iv) The audit shall be conducted in accordance with nationally recognized auditing standards. (3) The employer program must be audited within 3 months of the beginning of the program and at least every 3 years thereafter. (4) Requalification Testing Procedures. (a) The employer program shall have testing procedures for requalification designed to ensure that the crane operator continues to meet the technical knowledge and skills requirements in 29 CFR §1926.1427(j)(1) and (2) and this section. (b) The requalification procedures shall be audited in accordance with nationally recognized auditing standards and this section. (c) Within 3 months of the beginning of the employer program, the requalification procedures shall be audited. (d) The audit process shall be conducted at least every 3 years thereafter. (5) If the auditor determines that there is a significant deficiency in the program, the employer shall ensure that: (a) No crane operator is qualified until the auditor confirms that the significant deficiency has been corrected; (b) The program is audited again within 180 days of the confirmation that the significant deficiency was corrected; (c) The auditor files a documented report of the significant deficiency with the Maryland Occupational Safety and Health program of the Division of Labor and Industry within 15 days of the auditor’s determination that there is a deficiency; and (d) Records of the audits of the employer’s program are maintained by the auditor for 3 years and are made available by the auditor to the Commissioner or the Commissioner’s designated representative upon request. (6) A qualification under this paragraph: (a) Is not portable; (b) Is valid for the crane operator while the operator is employed by the employer that issued the qualification; (c) Is valid for 5 years; and (d) Meets the requirements of §A of this regulation. F. A testing entity is permitted to provide training as well as testing services if the criteria of an accrediting crane operator testing organization set forth in §D(2) of this regulation are met. G. Language and Literacy Requirements. (1) Tests under this section may be administered verbally, with answers given verbally, if the crane operator candidate: (a) Passes a written demonstration of literacy relevant to the work; and (b) Demonstrates the ability to use the type of written manufacturer procedures applicable to the class/type of equipment for which the crane operator is seeking certification. (2) Tests under this section may be administered in any language the crane operator candidate understands, and the crane operator’s certificate shall note the language in which the test was given. (3) The crane operator is qualified under §A of this regulation to operate equipment that is furnished with materials required by this chapter and 29 CFR §1926.1407 et seq. that are written in the language of the certification. The crane operator may only operate equipment furnished with such materials. H. Certification Criteria. Qualifications and certifications shall be based, at a minimum, on the following: (1) A determination through a written test that the person has the knowledge necessary for safe operation of the specific type of equipment the individual will operate, including all of the following: (a) Operational characteristics and controls, limitations and use, rated load capacities, and special hazards, including characteristic and performance questions appropriate to the crane type for which qualification is sought; (b) Emergency control skills, such as a response to fire, power line contact, loss of stability, or control malfunction; (c) Demonstrated ability to use arithmetic and load capacity charts to calculate load capacity information on a variety of configurations necessary for safe crane operation; (d) The ability to read and comprehend the crane manufacturer’s operation and maintenance instruction materials, including load capacity charts, for the crane for which qualification or certification is sought; (e) Depending upon the type of crane the operator intends to operate: (i) Knowledge of Chapter 3-3 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Construction Tower Cranes; (ii) Knowledge of Chapters 5-0—5-3 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Mobile and Locomotive Cranes; or (iii) Knowledge of Chapters 6-0—6-3 of the ASME B30.6-2003 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Derricks; (f) Technical knowledge applicable to: (i) Operating the specific type of crane; (ii) Pre-start and post-start inspection, maneuvering skills, shutdowns, and securing procedures; (iii) Voice and radio communication methods; (iv) Site hazards and personal fall protection methods; (v) The suitability of the supporting ground, surface, or structure to handle expected load; (vi) The hazards and restrictions associated with working adjacent to overhead electric lines and equipment; (vii) The procedures for preventing and responding to fire, power line contact, loss of stability, or control malfunction; and (viii) This regulation, including technical knowledge criteria contained in Appendix C to Subpart CC of Part 1926—Operator Certification—Written Examination—Technical Knowledge Criteria; and (g) The ability to read and locate relevant information in the equipment manual and other materials containing information relative to safe operation; and (2) A determination through a practical test that the individual has the skills necessary for safe operation of the equipment, including the following: (a) Ability to recognize, from visual and auditory observation, the items listed in 29 CFR §1926.1412(d); (b) Operational and maneuvering skills; (c) Application of load chart information; and (d) Application of safe shut-down and securing procedures. I. Every 2 years, an employer shall ensure that a crane operator provides the employer with the following current medical documentation: (1) Proof of successful completion of a physical examination conducted by a licensed physician that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Mobile and Locomotive Cranes; or (2) A certificate of medical examination as required for a commercial driver's license that would be acceptable to the U.S. Department of Transportation, unless the employee provides documentation from a licensed physician that the failure to meet these qualifications will not affect the individual's operation of a crane. #### Regulation .07 Crane Operator Trainee Requirements. *COMAR 09.12.26.07* A. An employee who is not qualified or certified under Regulation .06 of this chapter is permitted to operate a crane as a crane operator trainee only where the requirements of this section are met. B. An employer shall ensure compliance with the following: (1) The crane operator trainee is familiar with and understands 29 CFR §1926.1427(f)(1), (f)(2), and (f)(3)(i), (iii), and (iv); (2) The crane operator trainer is qualified or certified under Regulation .06 of this chapter and is familiar with the proper use of the equipment’s controls; and (3) The crane operator trainee is directly supervised by the crane operator trainer at all times. C. The employer shall provide each crane operator trainee with sufficient training prior to operating the equipment to enable the crane operator trainee to operate the equipment safely under limitations established by this section, including direct supervision, and ensure that the crane operator trainee has a basic understanding of: (1) Crane limitations; (2) Standard hand signals as defined in ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Mobile and Locomotive Cranes; (3) Voice and radio communications; (4) Crane dynamics involved in swinging, controlling, and stopping loads; (5) Boom deflection from hoisting loads; (6) Personal fall protection methods; and (7) Hazards and restrictions associated with working adjacent to overhead electric lines and equipment. D. In lieu of compliance with §C of this regulation, an employer may accept proof of completion of training through an operating engineer apprenticeship program that has been approved by the Maryland Apprenticeship and Training Council. E. The crane operator trainee shall not operate the equipment under any of the following circumstances: (1) If any part of the equipment, load line or load, including rigging and lifting accessories, is operated up to the equipment’s maximum working radius in the work zone so that the load line or load could get within 20 feet of a power line that is up to 350 kV, or within 50 feet of a power line that is over 350 kV; (2) If the equipment is used to hoist personnel; (3) In lifts where 75 percent of the crane’s capacity may be exceeded; (4) If the equipment is used over a shaft or cofferdam or in a tank farm; and (5) Special-lift rigging operations, except where the crane operator trainer determines that the crane operator trainee skills are sufficient for this high-skill work. F. Every 2 years, an employer shall ensure that a crane operator trainee provides the employer with the following current medical documentation: (1) Proof of successful completion of a physical examination conducted by a licensed physician that includes, at a minimum, the examination criteria specified in Paragraph 3.1.2 of the ASME B30.5-2007 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings—Mobile and Locomotive Cranes; or (2) A certificate of medical examination as required for a commercial driver's license that would be acceptable to the U.S. Department of Transportation, unless the employee provides documentation from a licensed physician that the failure to meet these qualifications will not affect the individual's operation of a crane. G. The employer shall require that each crane operator trainee has successfully passed a substance abuse test pursuant to the employer’s drug and alcohol free workplace and substance abuse policy. #### Regulation .08 Rigger and Rigging Requirements. *COMAR 09.12.26.08* A. An employer shall ensure that all rigging has been inspected and is used in accordance with the rigging manufacturer’s limitations and requirements. B. An employer shall ensure the following: (1) That each rigger is trained and meets the qualification requirements of §G, H, or I of this regulation depending upon the work to be performed; and (2) That the rigger is trained to satisfy the qualification requirements of this section at no cost to the employee. C. Ensuring Compliance. (1) Except as provided in §C(2) of this regulation, an employer shall ensure compliance with the qualification requirements of this section by using either a third-party qualified rigging evaluator or a qualified rigging evaluator. (2) An employer may ensure compliance with the qualification requirements for §D of this regulation with written proof of an employee’s successful completion of training through an apprenticeship program for riggers that has been approved by the Maryland Apprenticeship and Training Council. D. A third-party qualified rigging evaluator or a qualified rigging evaluator shall: (1) Provide written documentation of his or her determination that the individual has been trained and meets the qualification requirements for the work to be performed; and (2) Provide in the written documentation the level of qualification of the employee. E. A determination by a qualified rigging evaluator is not portable. F. A determination by a third-party qualified rigging evaluator is portable. G. The qualification requirements for a level I rigger are: (1) Basic understanding of the equipment operation and limitations, including the dynamics related to equipment movement when swinging and stopping loads and crane boom deflection when hoisting loads; (2) Basic understanding related to the use and inspection of rigging hardware and equipment applicable to work that is performed, including common load configurations and positioning, and the use of taglines to control loads; (3) Knowledge and understanding of and competence in the application of the Standard Method for Hand Signals as outlined in ANSI/ASSE A10.42-2000 Safety Requirements for Rigging Qualifications and Responsibilities—American National Standard for Construction and Demolition Operations; (4) Knowledge and understanding of the emergency procedures to address fire, power line contact, loss of stability, or control malfunction; (5) Knowledge and understanding of the relevant requirements of 29 CFR §§1926.1419—1926.1422; (6) Knowledge and understanding of the personal fall protection requirements contained in 29 CFR §1926.1423; (7) Knowledge and understanding of the hazards and restrictions associated with working adjacent to overhead electric lines, including 29 CFR §§1926.1407—1926.1411, and the Maryland High Voltage Line Act; (8) Demonstration of the requirements of this subsection through an oral or written test and through a practical test. H. In addition to the qualification requirements of §G of this regulation, a level II rigger shall: (1) Have working knowledge of the equipment operation and limitations, including the dynamics related to equipment movement when swinging and stopping loads and crane boom deflection when hoisting loads; (2) Have working knowledge related to the use and inspection of rigging hardware and equipment applicable to work that is performed, including common load configurations and positioning, and the use of taglines to control loads; and (3) Have completed training in the safe application, use, and limitations of rigging equipment, as applicable to the work performed, including: (a) Knowledge and understanding of the implementation methods for blind hoists and lifts; (b) Knowledge and understanding of a wide range of rigging hitches and knots; (c) Knowledge and understanding of the effective and safe use of anchor points; (d) Knowledge and understanding of the effective and safe use of synthetic ropes in rigging applications; (e) Knowledge and understanding of and the ability to apply the requirements of 29 CFR §§1926.1402—1926.1406 as they relate to ground conditions and crane and equipment assembly and disassembly; (f) Knowledge and understanding of and the ability to apply the requirements of 29 CFR §§1926.1424—1926.1426 as they relate to hazards that may be created by crane and equipment operations; and (g) Knowledge and understanding of and the ability to apply and provide direction in the use and limitation of rigging equipment outlined in ANSI/ASSE A10.42-2000 Safety Requirements for Rigging Qualifications and Responsibilities—American National Standard for Construction and Demolition Operations that may be applicable to the work performed. I. In addition to the qualification requirements of §§G and H of this regulation, a master/lead rigger shall have completed training in safe application, use, and limitations of rigging as applicable to the work performed, including: (1) The hazards associated with cranes and equipment traveling with a suspended load; (2) The requirements of 29 CFR §1926.1431 as they relate to hazards that may be created by hoisting and lifting of personnel; (3) Specific criteria from the manufacturer or equipment representative in the safe and appropriate methods of erection, dismantling, jumping, and reconfiguring of cranes and the relevant requirements of 29 CFR §1926.1435; (4) Specific criteria for lifting a single load with multiple cranes and the relevant requirements of 29 CFR §1926.1432; (5) The use and limitations of load indicating devices and the relevant requirements of 29 CFR §1926.1415; (6) The hazards that may be created by effects of angles or indirect pulling of loads; (7) The drum/diameter (D/d) ratios; and (8) Vectors and angles. J. If the work performance of a level I, level 2, or master/lead rigger indicates that the employee does not meet the qualification requirements of this section, the employer may not allow the employee to continue to work as a rigger until retraining is provided and there is a reassessment that confirms the employee’s qualifications. K. All riggers shall successfully pass a substance abuse test pursuant to the employer’s drug and alcohol free workplace and substance abuse policy. #### Regulation .09 Record Keeping. *COMAR 09.12.26.09* A. An employer shall maintain a written record of the training for each crane operator, signal person, rigger, and crane operator trainee. B. Training Records. (1) All training records shall be maintained for 3 years after the end of the individual’s employment in the employer’s principal office of the business in Maryland. (2) An employer shall make the training records available to the Commissioner of Labor and Industry or the Commissioner’s representative for examination and copying upon request. #### Regulation .10 Special Lifts. *COMAR 09.12.26.10* A. An employer shall ensure that each time a special lift occurs all rigging operations are under the direct supervision of a master/lead rigger. B. An employer shall ensure that, prior to the commencement of work, all rigging used in special lifts is inspected for compliance with all requirements by the master/lead rigger. C. Forty-eight hours prior to the commencement of any special lift, an employer shall notify the Commissioner of Labor and Industry by e-mail to the address located on the Department’s website for special lifts, or fax to 410-767-2986, with the following information: (1) Name of employer; (2) General or managing contractor; (3) Type of special lift; (4) Site location; (5) Specific site of special lift within the location; (6) Site contact person and phone number; (7) Equipment involved; and (8) Scheduled time of special lift. D. If an employer is unable to provide 48 hours notice to the Commissioner of Labor and Industry prior to the commencement of any special lift, the employer shall provide the Commissioner with notice as soon as practical and a written explanation why 48 hours notice was not provided along with the required information in §C(1)—(8) of this regulation, not later than 24 hours after the special lift. #### Regulation .11 Tower Cranes. *COMAR 09.12.26.11* A. An employer shall ensure that prior to the erection or modification of any tower crane or supporting structure, a qualified person shall determine the appropriate and safe method to integrate, assemble, and erect the tower crane for that site. B. The employer shall ensure that when a tower crane is erected, dismantled, jumped, or reconfigured the following are maintained at the site where the work is performed: (1) Written instructions by the manufacturer or a qualified person; and (2) A list of the weights of each subassembly to be erected, dismantled, jumped, or reconfigured. C. Except when approved and documented by a qualified person, prior to the commencement of work on the tower crane, the employer shall establish procedures for the particular site for the erection, dismantling, jumping, or reconfiguration work. D. An employer shall ensure that rigging operations during the erection, dismantling, jumping, or reconfiguring of a tower crane is performed under the direct supervision of a master/lead rigger. E. An employer shall ensure that a daily job safety briefing is conducted before the commencement of work with all persons working on or around the crane in the following circumstances: (1) Prior to each jumping operation; (2) Prior to when the boom, jib, or counter-jib is to be reconfigured; or (3) Prior to when a tower crane is to be dismantled. F. An employer shall ensure that the master/lead rigger discuss the following at the daily job safety briefing: (1) The site-specific procedures; (2) The manufacturer's recommendations and precautions; (3) Any concerns related to the process that is to be undertaken; (4) The communication methods and procedures to be used; and (5) The process workload for the work shift, including the individual tasks to be performed by each person. G. An employer shall ensure that erection, dismantling, and inspections shall be conducted in accordance with Chapters 3-1 and 3-2 of the ASME B30.3-2004 Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings — Construction Tower Cranes. ### Chapter 27 — Tower Crane Operator Certification **Authority:** Business Occupations and Professions Article, Title 9.5; Labor and Employment Article, §§2-106(b)(4) and 5-312; Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01—.04 adopted as an emergency provision effective November 16, 2009 (36:26 Md. R. 1993); adopted permanently effective February 8, 2010 (37:3 Md. R. 175) #### Regulation .01 Scope. *COMAR 09.12.27.01* This chapter applies to tower crane operators. #### Regulation .02 Definitions. *COMAR 09.12.27.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Certificate of competence” means certification that is obtained by a person through any organization accredited by the American National Standards Institute or the National Commission for Certifying Agencies and that states the holder of the certificate demonstrates knowledge of and training in safe crane operating procedures. (2) “Commissioner” means the Commissioner of Labor and Industry. (3) “Crane operator” means an individual who operates a crane. (4) “Digger derrick truck” means a mobile derrick truck with a mast or equivalent member for drilling. (5) “Hydraulic crane” means a crane that has a revolving superstructure, boom, and hoisting machine that is operated, extended, retracted, rotated, raised, and lowered hydraulically. (6) “Inspection of a crane” means a thorough examination of the operation of mechanisms to determine functionality and control of hoisting systems, power transmission equipment, braking, superstructure movement, boom operation, and travel. (7) “Knuckle boom crane” means a hydraulically powered articulating arm fitted to a truck or trailer that is used for loading and unloading the vehicle. It is also known as a loader crane. (8) “Power-operated derrick” means an apparatus consisting of a mast or equivalent member held at the end by guys or braces, with or without a boom, including conventional lattice boom cranes. (9) “Tower crane” means a power-operated hoisting machine in which a boom or structural member is mounted upon a vertical mast or tower structure with the function of hoisting, lowering, and swinging loads at various radii, but does not include a conventional boom, including mobile and track. (10) “Trolley boom” means a crane having a hoist/trolley assembly that runs horizontally along rails. #### Regulation .03 Tower Crane Operations. *COMAR 09.12.27.03* To operate a tower crane, a crane operator is required to have a certificate of competence. #### Regulation .04 Written Notice of Violation. *COMAR 09.12.27.04* A. The Commissioner or the agent of the Commissioner shall issue a written notice to any person who operates a tower crane without a certificate of competence. B. The notice shall: (1) Be in writing; (2) Describe with particularity the nature of the alleged violation; and (3) Include a statement signed by the employer that the employer will not allow the particular crane to operate unless there is an operator with a certificate of competence. C. The Commissioner's written notice or a copy of the written notice shall be posted conspicuously at or near the crane where the alleged violation occurred. ### Chapter 28 — Tree Care and Removal **Authority:** Labor and Employment Article, §§2-106(b)(4), 5-104, and 5-312; Annotated Code of Maryland **Administrative History:** Effective date: September 3, 2012 (39:17 Md. R. 1147) #### Regulation .01 Purpose. *COMAR 09.12.28.01* The purpose of this chapter is to provide a safe work environment for employees engaged in tree care including, but not limited to, cutting, pruning, or other work on a standing tree as well as tree removal. #### Regulation .02 Scope. *COMAR 09.12.28.02* A. This chapter covers safety requirements for tools and equipment and the safe work practices used in tree care and the removal of trees, including any portion thereof. B. This chapter applies to construction, demolition, and general industry. C. Where provisions of this chapter direct an employee to take certain actions, an employer shall establish, effectively communicate to the relevant persons, and enforce work rules to ensure compliance with such provisions. D. This chapter does not apply to: (1) Work covered by 29 CFR §§1910.268 and 1910.269; (2) Logging operations; or (3) Land clearing operations for construction when heavy equipment is used to remove the trees and no trees are manually felled. #### Regulation .03 Definitions. *COMAR 09.12.28.03* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Anti-two block device” means a device attached to a crane which prevents the lower load block or hook assembly from contacting the upper load block or boom point sheave assembly. (2) “Apex” means the point at which two saw cuts meet to form a notch. (3) “Approved” means is certified, labeled, or listed by a nationally recognized testing laboratory. (4) “Arborist climbing line” means a line designated to support the employee while aloft in a tree or attached to a crane. (5) “Arborist saddle” means an arrangement of straps, fittings, and buckles or other elements that form a waist belt with a low attachment element or elements and connecting support by encircling the legs suitably arranged to support the body in a sitting position. (6) “Back cut” means the cut made in a tree limb or trunk on the side opposite of the intended direction of fall. (7) “Carabiner” means a connector generally composed of a trapezoidal or oval-shaped body with a closed gate or similar arrangement that may be opened to receive an object and, when released, automatically closes to retain the object. (8) “Chopping tool” means a wooden-, fiberglass-, or steel-handled tool with a sharp, single- or double-edged steel head or blade mounted to it that is used to cut or split wood such as an ax or machete. (9) “Competent person” means an employee who is capable of identifying existing and predictable hazards and who has authorization to take prompt corrective measures. (10) “Conventional notch” means a directional felling cut into the side of a tree, facing the intended direction of fall and consisting of a horizontal face cut and an angled cut above it, creating a notch of approximately 45 degrees. (11) “Crotch” means a branch union where an angle is formed by two branches in the tree. (12) “Drop zone” means the area beneath an employee working aloft where there is the potential hazard of a falling object on another employee. (13) “Electrical conductor” means any overhead or underground electrical component capable of carrying an electric current, including communications wires and cables, power lines, and other such fixtures or apparatus. (14) “Ferrule” means a metal ring placed around the handle to prevent splitting. (15) “Licensed tree expert” means a person who has received from the Maryland Department of Natural Resources a license to allow their entity to perform tree care and tree removal. (16) “Person being lifted” means an employee who has been trained in fall prevention methods and the requirements of this regulation, and is capable of identifying existing and predictable hazards related to the tree care operations. (17) “Prusik loop” means an endless loop of rope used to fashion a Prusik knot. (18) “Qualified line-clearance tree trimmer” means an employee who, through related training and on-the-job experience, is familiar with the equipment and hazards in line clearance and has demonstrated the ability to perform the special techniques involved. (19) “Qualified person” means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the person’s ability to solve or resolve problems relating to recognized and predictable hazards within the tree care industry. (20) “Secured” means made firm, tight, or fastened or when an employee is safeguarded from unintended movement by utilizing a climbing system that is attached to the employee and connected to a tree or other stable support, or both. Examples include, but are not limited to, being tied in, using a work-positioning lanyard, being on belay, and ascending the arborist climbing line using the foot lock technique while utilizing a Prusik loop or ascenders. (21) “Snap hook” means a connector composed of a hook-shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object. (22) “Tool lanyard” means a short line or strap used to secure a tool while working aloft. (23) “Tree care” means cutting, pruning, or other work on a standing tree. (24) “Tree removal” means the act of tree elimination whether cut down by sectioning or felling. (25) “Vehicle” means a car, bus, or truck that is owned, leased, or rented by the employer and is used for transportation of employees. (26) “Wedge” means a piece of material with two sides meeting at an angle that is used to raise or split objects by applying a driving force. (27) “Workline” means a rope used for lifting, lowering, or guiding limbs or equipment, or both, into or out of the tree. #### Regulation .04 Incorporation by Reference. *COMAR 09.12.28.04* A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements, as amended. (2) ANSI/ASSE Z359.0-2007 Definitions and Nomenclature Used for Fall Protection and Fall Arrest, Part of the Fall Protection Code, as amended. (3) ANSI/ASSE Z359.1-2007 Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components, Part of the Fall Protection Code, as amended. (4) ANSI/ASSE Z359.2-2007 Minimum Requirements for a Comprehensive Managed Fall Protection Program, Part of the Fall Protection Code, as amended. (5) ANSI/ASSE Z359.3-2007 Safety Requirements for Positioning and Travel Restraint Systems, Part of the Fall Protection Code, as amended. (6) ANSI/ASSE Z359.4-2007 Safety Requirements for Assisted-Rescue and Self-Rescue Systems, Subsystems and Components, Part of the Fall Protection Code, as amended. (7) ANSI/ASSE Z359.6-2009 Specifications and Design Requirements for Active Fall Protection Systems, Part of the Fall Protection Code, Version 2, as amended. (8) ANSI/ASSE Z359.12-2009 Connecting Components for Personal Fall Arrest Systems, Part of the Fall Protection Code, Version 2, as amended. (9) ANSI/ASSE Z359.13-2009 Personal Energy Absorbers and Energy Absorbing Lanyards, Part of the Fall Protection Code, Version 2, as amended. #### Regulation .05 General Requirements. *COMAR 09.12.28.05* A. All work to be performed shall be consistent with the Maryland Department of Natural Resources licensing requirements for a licensed tree expert. B. All equipment used in tree care and tree removal shall be used consistent with the manufacturer’s specifications and limitations. C. An employer shall have a workplace hazard assessment conducted for all work activities to be performed in compliance with 29 CFR §1910.132(d)(2) that includes the following: (1) A written certification that identifies the workplace evaluated; (2) The name of the person certifying that the evaluation has been performed; (3) The date or dates of the hazard assessment; and (4) A document that is identified as a certification of hazard assessment. D. Appropriate personal protective equipment shall be provided, used, and maintained at no cost to the employee, including: (1) Leg protection constructed with cut-resistant material, such as ballistic nylon that covers the full length of the thigh to the top of the boot on each leg, except when: (a) The employer can demonstrate that a greater hazard is posed by wearing leg protection; (b) The work is being performed from a vehicular-mounted elevating and rotating work platform; or (c) An employee is aloft in the tree; (2) Head protection that meets the requirements of 29 CFR §1910.135; and (3) Eye protection that meets the requirements of 29 CFR §1910.133 for each affected employee. E. The employer shall ensure that each affected employee wears foot protection that complies with 29 CFR §1910.136. F. An employer shall maintain the necessary first-aid supplies at each work site to address the potential hazards from the work to be performed. G. Fire Prevention. (1) An employer shall assure that the following fire prevention measures are followed: (a) Provide and maintain portable fire extinguishers on each vehicle in accordance with 29 CFR §1910.157; (b) Store, handle, and dispense flammable liquids from approved containers; (c) Prohibit smoking when handling or working in close proximity to flammable liquids; (d) Change clothing contaminated by flammable liquids as soon as possible; and (e) Avoid open flame and other sources of ignition. (2) An employer shall have the following procedures in place during fueling operations: (a) Equipment may not be operated within 10 feet of fueling operations or areas where refueling has recently taken place; (b) Equipment shall be refueled only after the engine has stopped; and (c) Spilled fuel shall be removed from equipment before restarting an engine. H. An employer shall have a qualified person conduct a visual assessment of the work area prior to the start of any activity which shall include determining potential hazards, including the location of overhead wires, loose limbs, and debris. I. Job Briefing. (1) An employer shall have a job briefing at the start of each work shift with all employees involved in the operation in attendance. (2) The job briefing shall communicate the following: (a) The hazards associated with the job, the work procedures involved, special precautions, job assignments, and the proper use of personal protective equipment; (b) The work plans for tree care and tree removal operations before commencing work; (c) Any electrical hazards, including electrical conductors or communication lines, shall be considered energized; and (d) The location of underground utilities if subsurface work is involved. (3) An employer shall assure that at the job briefing the method of verbal and visual communication is established in compliance with §K of this regulation and is fully explained to all employees. J. Traffic Control Requirements. (1) When exposed to vehicular traffic on a public road, an effective means for controlling hazards created by vehicular traffic shall be instituted on every job site where necessary, in accordance with the U.S. Department of Transportation Manual on Uniform Traffic Control Devices. (2) When exposed to vehicular traffic on a public road, each employee shall wear as a minimum a Class II reflective garment when the employee will be exposed to vehicular traffic. K. Communication and Signaling. (1) At each work site, every effort shall be made to assure that there is communication with outside emergency facilities at all times such as, but not limited to, 911 call centers. (2) Hand signals or audible contact such as, but not limited to, whistles, horns, or radios shall be used whenever noise, distance, restricted visibility, or other factors prevent clear understanding of normal voice communication between employees. (3) Except in an emergency, one person shall be designated to give hand signals during crane operations. (4) Engine noise, such as from a chain saw, may not be used as a means of signaling. L. Electrical. (1) Except where tree care is performed adjacent to electrical power generation, transmission, and distribution lines and equipment pursuant to 29 CFR §§1910.268 and 1910.269, a distance of 10 feet shall be maintained between an employee’s body and tools and an energized conductor. (2) If it is determined that the 10-foot distance cannot be maintained prior to commencing work, the employer: (a) Shall contact the system operator or owner, or both, of the energized conductor to de-energize the conductor; and (b) May not perform the work if the system operator or owner of the energized conductor, or both, are unavailable. M. All operations at the work site shall cease if weather conditions indicate or the weather forecast calls for imminent hazardous weather such as, but not limited to, electrical storms and strong winds. N. Fall Protection. (1) General Requirements. (a) Prior to each use, a competent person shall inspect the climbing lines, worklines, lanyards, and other climbing equipment for damage, cuts, abrasion, or deterioration. (b) Equipment shall be removed from service if there are signs of excessive wear or damage as provided for in the manufacturer’s specifications. (c) Except as provided in §N(1)(d) of this regulation, all equipment used to secure an employee in a tree or from an aerial lift shall be used for its intended purpose only. (d) An arborist climbing line may be used to raise and lower tools. (e) Rope and climbing equipment shall be stored and transported in such a manner to prevent damage through contact with sharp tools, cutting edges, gas, oil, or other environmental factors. (f) An employee shall be secured for the duration of the work until the employee returns to the ground. (g) While ascending the ladder to gain access to a tree, no work shall be performed until the ladder is secured. (h) Employees shall be instructed to the extent possible that their tie-in position should be positioned to prevent the employee from being subject to a pendulum swing in the event of a slip. (2) Arborist Saddles. (a) Arborist saddles used for work positioning shall be identified by the manufacturer as suitable for tree climbing. (b) An arborist saddle shall meet the hardware material, strength, and testing requirements outlined in ANSI/ASSE Z359 Fall Protection Code. (3) Climbing Lines. (a) Climbing lines shall meet the following requirements: (i) Constructed from a synthetic fiber, with a minimum breaking strength of 5,400 pounds (24.02 kilonewton); and (ii) Identified by the manufacturer as suitable for tree climbing. (b) Climbing lines shall never be left in trees unattended. (c) A climbing line and at least one other means of being secured while working aloft shall be made available. (4) Climbing Equipment. (a) Prusik loops, split-tails, and work-positioning lanyards used in a climbing system shall meet the minimum strength of 5,000 pounds (22.24 kilonewton). (b) A snap hook used in climbing shall be self-closing and self-locking, and comply with ANSI/ASSE Z359 Fall Protection Code. (c) Carabiners used in climbing shall be self-closing and self-locking, and comply with ANSI/ASSE Z359 Fall Protection Code. (d) Carabiners shall be designed to release the load by requiring at least two consecutive, deliberate actions to prepare the gate for opening. (e) The following shall be assured: (i) An employee shall be secured while ascending a tree; (ii) An employee shall be tied in once the work begins and shall be tied in until the work is completed and the employee is returned to the ground; (iii) An employee shall be secured when repositioning the climbing line; (iv) While ascending a ladder to gain access to a tree, an employee may not work from or leave the ladder until the employee is tied in or otherwise secured; (v) To the extent possible, an employee’s tie-in position shall be located in such a manner so that the employee will not be subjected to a pendulum swing in the event of a slip; and (vi) When an employee is working at heights greater than 1/2 the length of the employee’s climbing line, a figure-eight knot shall be tied in the end of the climbing line to prevent pulling the rope through the climbing hitch. O. Vehicles, Tools, and Mobile Equipment. (1) General Requirements. (a) Prior to daily use of any vehicles and mobile equipment, a visual walk-around inspection and operational check shall be conducted in accordance with the manufacturer’s and owner’s instructions. (b) Prior to operating a vehicle, an employer shall assure that an employee operating a vehicle meets the following requirements: (i) Training and experience to perform the assigned duties; and (ii) Licensed in accordance with federal, State, and local requirements. (c) Step surfaces and platforms on mobile equipment shall be skid-resistant. (d) Safety chains shall be crossed under the tongue of the mobile equipment being towed and connected to the towing vehicle. (e) All vehicles and mobile equipment shall be chocked when unattended. (f) When a manufacturer provides a seat belt, the seat belt shall be used. (g) Material and equipment carried on vehicles or mobile equipment shall be properly secured to prevent movement. (h) Vehicles with obscured rear vision shall be backed up only when necessary and when there is: (i) A reverse signal alarm; or (ii) Another employee who is in constant eyesight of the driver providing direction. (i) One-person crews are exempt from §O(1)(h)(ii) of this regulation. (2) Brush Chippers. (a) Rotary drum or disc brush chippers not equipped with a mechanical infeed system shall be equipped with an infeed hopper not less than 85 inches (2.15 meters) measured from the blades or knives to ground level over the center line of the hopper. (b) The side members of the infeed hopper shall have sufficient height so as to prevent employee contact with the blades or knives during operations. (c) The rotary drum or disc brush chippers not equipped with a mechanical infeed system shall have a flexible anti-kickback device installed in the infeed hopper to reduce the risk of injury from flying chips and debris. (d) Chippers equipped with a mechanical infeed system shall have a quick-stop and reversing device on the infeed system. (e) The activating mechanism for the quick-stop and reversing device shall be located across the top, along each side, and close to the feed end of the infeed hopper, within easy reach. (3) Cranes and Related Hoisting Equipment. (a) The use of a crane to lift an employee is prohibited except as provided in this subsection. (b) An employer shall have a qualified person assess whether there are possible alternative methods of lifting an employee other than using a crane to determine the least hazardous means of lifting. (c) An employer shall document the alternative methods considered by the qualified person in writing and with an explanation why lifting with a crane is the least hazardous method of lifting for each project. (d) If an employer after consultation with the qualified person determines that lifting with a crane is the least hazardous means of lifting, the following shall be complied with: (i) Only employees trained in this regulation shall be lifted by a crane; (ii) The crane operator performing the tree care work shall be familiar with potential hazards; (iii) The crane operator, qualified person, person being lifted, and other employees involved in performing the work shall meet prior to commencing work to review the procedures to be followed; (iv) Cranes with telescoping booms shall be equipped with an anti-two block device; (v) Tree sections shall be rigged to minimize load shifting, control load lowering, and prevent shock-loading; (vi) A green log weight chart, such as Annex E of ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements, shall be used to estimate the load being handled; and (vii) Side loading of the crane and free fall of the load is prohibited. (e) The following procedures shall be followed by a person being lifted in a crane: (i) The person being lifted shall use a second point of attachment to the crane hoist line or lifting line; (ii) The person being lifted shall secure the climbing line to the tree and disconnect from the crane as soon as possible; (iii) The arborist climbing line shall be secured to the crane in such a way that it does not interfere with the function of any damage prevention or warning device on the crane; (iv) No part of the crane shall compromise the climbing line or any component of the climbing system; (v) Lifting or lowering speed may not exceed 100 feet per minute. (vi) The load-line hoist drum shall have a system or other device on the power train, other than the load hoist brake, that regulates the speed of the hoist mechanism up and down; and (vii) Except as provided in §O(3)(f) of this regulation, the person being lifted shall be detached from the crane any time it comes under load tension. (f) When the qualified person determines that reasonably possible alternate methods are inaccessible and attachment to the subject tree would create a greater safety risk due to its hazardous condition, the employer shall allow the person being lifted to remain attached to the crane while under load. (g) In assessing alternative methods, the following shall be considered: (i) Securing the person being lifted to the tree and detaching from the crane before it comes under load; (ii) Using a second crane; (iii) Using an aerial lift device; and (iv) Using an adjacent tree. (h) When the person being lifted is attached to the crane while it is under load, the total weight may not exceed 50 percent of the load capacity for the radius and configuration of the crane. (4) Equipment-Mounted Winches. (a) Winches, hoisting, or lifting equipment on vehicles shall be used within rated capacities as stated by the manufacturer’s specifications. (b) The winch cable shall be inspected prior to each use for broken or worn strands, bird caging, major kinks, and damaged cables and shall be taken out of service. (c) Cable hooks and attachment points shall be inspected for damage, and damaged hooks or attachment assemblies shall be taken out of service. (d) All loads shall be pulled in such a manner as to avoid angles that may result in tipping, causing a vehicle to become unstable, or unintended movement of the vehicle. (5) Chain Saws. (a) Chain saw safety devices may not be removed or modified and shall be operational. (b) When an employee starts a chain saw, the chain saw shall be held firmly in place on the ground or otherwise supported to minimize the movement of the chain saw when the starter handle is pulled. (c) If the chain saw has a chain brake, the chain brake shall be engaged when the chain saw is started. (d) The chain saw shall be started and operated only when other employees are clear of the chain saw. (e) When the chain saw is operating, it shall be held firmly with both hands with the thumb and fingers wrapped around the handle. (f) Chain saw mufflers and, if provided, spark arresters shall be maintained in good condition. (g) When an employee is working in a tree other than from an aerial device, chain saws weighing more than 15 pounds (6.8 kilograms) shall be secured from falling, for example, supported by a separate line or tool lanyard. (h) A second point of attachment shall be used when operating a chain saw in a tree, unless the employer demonstrates that a greater hazard is posed by using a second point of attachment. (i) The chain brake shall be engaged, or the engine shut off, before setting a chain saw down. (j) If a chain saw is being carried more than two steps, the chain brake shall be engaged or the engine shut off. (k) Secure footing shall be maintained while starting and operating a chain saw. (l) A chain saw may not be used in a position or at a distance that could cause an employee to become off balance, have insecure footing, or relinquish a firm grip on the saw. (6) Wedges, Chisels, and Gouges. (a) Only wood, plastic, or soft-metal wedges shall be used while operating chain saws. (b) Wood-handled chisels shall be protected with a ferrule on the striking end. (c) Wood, rubber, or high-impact plastic mauls, sledges, or hammers shall be used when striking wood-handled chisels or gouges. (7) Chopping Tools. (a) An employer shall ensure that chopping tools are not used while working aloft. (b) Chopping tools may not be used as wedges or used to drive metal wedges. #### Regulation .06 Work Practices. *COMAR 09.12.28.06* A. The following work practices shall be implemented: (1) Communication between employees aloft and on the ground shall be established before cutting and dropping limbs; (2) Scabbards or sheaths shall be used to carry handsaws when not in use; (3) Folding saws, when not in use, shall be closed and hooked to the arborist saddle; (4) A separate workline shall be attached to limbs that cannot be dropped safely or controlled by hand; (5) Arborist climbing lines and worklines may not be secured to the same crotch; and (6) Cut branches shall be removed from the canopy of the tree upon completion of work. B. Cabling. (1) Employees on the ground may not enter under the drop zone of a tree when a cabling system is being installed, unless the employee aloft has established it is safe to do so. (2) Tools used for cabling, bark tracing, and cavity work shall be carried in a bag, on a belt designed to hold such tools, or attached to a tool lanyard. (3) Employees installing cabling systems in trees shall be positioned off to one side in order to avoid injury in case of cable system failure that could occur when a block and tackle or a hand winch is released. C. Tree Removal. (1) Before beginning any tree removal operation, the employer shall carefully consider all relevant factors pertaining to the tree and site and shall take appropriate actions to assure a safe removal operation, including the following factors: (a) The area surrounding the tree to be removed, including nearby trees; (b) Species and shape of the tree; (c) Lean of the tree; (d) Loose limbs, chunks, or other overhead material; (e) Wind force and direction; (f) Decayed or weak spots throughout the tree, including awareness of additional hazards if these conditions exist in the hinge area; (g) Location and means to protect other persons, property, and electrical conductors; (h) Size and terrain characteristics or limitations of the work area; and (i) Evidence of bees or wildlife habitation in the tree. (2) Employees not directly involved in the removal operation shall be beyond the area where the tree could fall and at a minimum distance of twice the tree’s height as practicable. (3) An escape route free from debris and other obstructions for employees shall be established before cutting any standing tree or trunk. (4) The following shall be implemented: (a) Notches shall be used on all trees and trunks greater than 5 inches (12.7 centimeters) in diameter; (b) Notches and back cuts shall be made at a height that enables the chain saw operator to safely begin the cut, control the tree or trunk, and allows for escape; (c) Notches shall be 45 degrees or greater and large enough to guide the fall of the tree or trunk to prevent splitting; (d) Notch depth may not exceed 1/3 the diameter of the tree; (e) The back cut may not penetrate into the predetermined hinge area; (f) Any back cut shall be 1 to 2 inches (2.5 to 5 centimeters) above the apex of the notch to provide an adequate platform to prevent kickback of the tree or trunk; (g) An open-face notch greater than 70 degrees shall have a back cut at the same level as the apex of the notch; (h) The two cuts that form the notch may not cross at the point where they meet; (i) In accordance with the job briefing requirements of Regulation .05I of this chapter, the designated employee shall give a command such as “stand clear” before the back cut is made; and (j) When the back cut has been completed, the employee operating the chain saw shall immediately move a safe distance away from the tree or trunk using the planned escape route. D. Brush Removal and Chipping. (1) Loose clothing, climbing equipment, body belts, harnesses, lanyards, or gauntlet-type gloves may not be worn while operating chippers. (2) Brush and logs shall be fed into chippers, butt or cut end first, from the side of the feed table center line, and the employee shall immediately turn away from the feed table when brush is taken into the rotor or feed rollers. (3) Chippers shall be fed from the curbside whenever practical. (4) Foreign material, such as stones, nails, sweepings, and rakings, may not be fed into chippers. (5) Small branches shall be fed into chippers with longer branches or by being pushed with a long stick. (6) Hands or other parts of the body may not be placed into the infeed hopper. (7) Leaning into or pushing material into the infeed hopper with feet is prohibited; (8) The winch cable used in chipper operations shall be properly stored before initiating chipper operations. E. The following pesticide measures shall be followed during the pesticide application: (1) Pesticides shall be used and applied in strict accordance with the Pesticide Applicator’s Law, Agriculture Article, §§5-201—5-211, Annotated Code of Maryland, and COMAR 15.05.01.01—15.05.01.20; (2) An adequate potable water source shall be provided at the work site for emergency personal decontamination; and (3) Water for decontamination and drinking shall be kept in separate containers. #### Regulation .07 Training. *COMAR 09.12.28.07* A. Training shall be provided for each employee at no cost. B. The training shall be provided: (1) As soon as possible, but not later than 6 months from the effective date of this chapter, for initial training for each current and new employee; (2) Prior to initial assignment for each new employee; (3) Whenever an employee is assigned new work tasks, tools, equipment, machines, or vehicles; and (4) Whenever an employee demonstrates unsafe job performance. C. At a minimum, training shall consist of the following elements: (1) Safe performance of assigned work tasks; (2) Safe use, operation, and maintenance of tools, machines, and vehicles that an employee will be using or operating, including emphasis on understanding and following the manufacturer’s operating and maintenance instructions, warnings, and precautions; (3) Recognition of safety and health hazards associated with the employee’s specific work tasks, including the use of measures and work practices to prevent or control those hazards; (4) Recognition, prevention, and control of other safety and health hazards in tree care and tree removal; (5) Procedures, practices, and requirements of the employer’s work site; and (6) The requirements of this chapter. D. Each new employee and each employee who is required to be trained as specified in §B of this regulation shall work under the close supervision of a designated employee until the employee demonstrates to the employer the ability to safely perform new duties independently. E. Portability of Training. (1) Each current employee who has received training in the particular elements specified in §C of this regulation may not be required to be retrained in those elements. (2) Prior to initial assignment, an employer shall conduct an assessment of the elements in §C of this regulation for each new employee who has previously received training to determine if the employee is competent to safely perform the work tasks. (3) If an employer determines that an employee is not competent in certain elements of §C of this regulation, the employer shall retrain in those elements. F. First Aid and Rescue Training. (1) All employees shall be trained in basic first aid, including controlled bleeding and immobilization. (2) Each employee’s first-aid training shall remain current. G. All training shall be conducted by a qualified person. H. The employer shall ensure that all training materials used are appropriate in content and language of the employee and where the competent person observes behavior not consistent with the training, retraining shall be provided. I. Certification of Training. (1) The employer shall verify that each employee has received and understands the required training through a written certification that contains the name of each employee trained and the date or dates of training and that identifies the subject of the certification. (2) The most recent training certification shall be maintained for as long as the employee is in the employment of the employer. ### Chapter 29 — Emergency Temporary Standards **Authority:** Labor and Employment Article, §§2-106(b)(5), 5-309(a)(1), 5-312, and 5-314, Annotated Code of Maryland;Ch.736, §2, Acts of 2021 **Administrative History:** Effective date: **Administrative History:** Regulations .01—.02 adopted as an emergency provision effective August 16, 2021 (48:18 Md. R. 690); emergency status expired January 30.2022 ### Chapter 30 — *VACANT* ### Chapter 31 — Maryland Occupational Safety and Health Regulations .01—.09 *Repealed — See COMAR 09.12.20* **Authority:** Labor and Employment Article, §§2-106(b)(5), 5-309(a)(1), and 5-312(b), Annotated Code of Maryland **Administrative History:** Effective date: June 1, 1974 **Administrative History:** Regulations .01—.07 amended effective January 13, 1978 (5:1 Md. R. 18) **Administrative History:** Regulation .03B amended effective August 6, 1975 (2:17 Md. R. 1188) **Administrative History:** Regulation .03D amended effective August 1, 1983 (10:15 Md. R. 1349) **Administrative History:** Regulation .03H amended effective August 22, 1980 (7:17 Md. R. 1672) **Administrative History:** Regulations .03I, .04G, .07A, C, D, E, J, L amended effective August 25, 1978 (5:17 Md. R. 1328) **Administrative History:** Regulation .04B amended effective December 23, 1991 (18:25 Md. R. 2750) **Administrative History:** Regulation .04G adopted effective August 6, 1975 (2:17 Md. R. 1188) **Administrative History:** Regulation .04-1 adopted effective December 23, 1991 (18:25 Md. R. 2750) **Administrative History:** Regulation .04-1 amended as an emergency provision effective November 25, 1992 (19:25 Md. R. 2196) **Administrative History:** Regulation .04-1 amended effective April 26, 1993 (20:8 Md. R. 722) **Administrative History:** Regulation .05C, D, E, G amended effective May 29, 1981 (8:11 Md. R. 973) **Administrative History:** Regulation .05D amended effective November 9, 1981 (8:22 Md. R. 1784) **Administrative History:** Regulation .05H—J adopted effective May 29, 1981 (8:11 Md. R. 973) **Administrative History:** Regulation .06E and F adopted effective August 6, 1975 (2:17 Md. R. 1188) **Administrative History:** Regulation .07F amended effective May 2, 1980 (7:9 Md. R. 847) **Administrative History:** Regulation .07K adopted effective August 6, 1975 (2:17 Md. R. 1188) **Administrative History:** Regulation .07M adopted effective May 29, 1981 (8:11 Md. R. 973) **Administrative History:** Regulation .07N, O adopted effective August 1, 1983 (10:15 Md. R. 1350) **Administrative History:** Regulation .08 adopted effective August 25, 1978 (5:17 Md. R. 1328) **Administrative History:** Regulation .09 adopted effective May 29, 1981 (8:11 Md. R. 974) **Administrative History:** Regulations .01—.09 repealed effective July 5, 1993 (20:13 Md. R. 1048) **Administrative History:** Chapter 31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards. #### Regulation .01 Documents Incorporated by Reference. *COMAR 09.12.31.01* A. In General. (1) All provisions of 29 CFR §§1910 and 1926 that appear in the Federal Register through February 2, 1973 are adopted by reference. Effective date: March 7, 1973 (2) All amendments and revisions to 29 CFR §§1910 and 29 CFR 1926 that appear in the Federal Register from February 8, 1973 through December 4, 1973 are adopted by reference. Effective date: May 23, 1974 (3) All amendments and revisions to 29 CFR §1910 and 29 CFR §1926 that appear in the Federal Register on the following dates: January 9, 1974 (39 FR 1437); January 29, 1974 (39 FR 3755); February 19, 1974 (39 FR 6109); March 15, 1974 (39 FR 9957, 9959); June 3, 1974 (39 FR 19468, 19470); July 2, 1974 (39 FR 24360); and October 4, 1974 (39 FR 35890) are adopted by reference. Effective date: March 5, 1975 (2:5 Md. R. 313) (4) All amendments and revisions to 29 CFR §§1910 and 29 CFR §§1928, Agricultural Tractors, National Fire Protection Association, Lavatories for Industrial Employment, Telecommunications, and Vinyl Chloride, that appear in the Federal Register on the following dates: March 25, 1975 (40 FR 13211); March 26, 1975 (40 FR 13435); April 25, 1975 (40 FR 18254); and April 28, 1975 (40 FR 18426, 18445) are adopted by reference. Effective date: August 6, 1975 (2:17 Md. R. 1188) (5) All amendments and revisions to 29 CFR §§1910 and 29 CFR §§1926 that appear in the Federal Register on the following dates: May 28, 1975 (40 FR 23073); June 9, 1975 (40 FR 28792); June 27, 1975 (40 FR 27367); and July 28, 1975 (40 FR 31598) are adopted by reference. Effective date: October 15, 1975 (2:23 Md. R. 1414) (6) All amendments and revisions to 29 CFR §§1910 and 29 CFR §§1928 that appear in the Federal Register on the following dates: March 9, 1976 (41 FR 10189); March 16, 1976 (41 FR 11022); March 19, 1976 (41 FR 11504); March 30, 1976 (41 FR 13352); and June 2, 1976 (41 FR 22267) are adopted by reference. Effective date: July 21, 1976 (3:15 Md. R. 790) (7) All amendments and revisions to 29 CFR §§1910, specifically §§1910.35(i) and (j); §§1910.37(n); §§1910.38; §§1910.107(f)(1); §§1910.108(g)(1)—(g)(5); §§1910.109(i)(7)(i) and(i)(7)(ii)(a); §§1910.155—1910.165; §1910.165a; §1910.165b; Appendix to Subpart E; Appendix A to Subpart L; Appendix B to Subpart L; Appendix C to Subpart L; Appendix D to Subpart L; Appendix E to Subpart L; that appear in the Federal Register on September 12, 1980 (45 FR 60703—60727) are adopted by reference with the change indicated at 8:7 Md. R. 658. Effective date: May 29, 1981 (8:11 Md. R. 973) (8) All amendments and revisions to 29 CFR 1910 and 29 CFR 1926 that appear in the Federal Register on June 30, 1993 (58 FR 35308—35311), except for the amendment to 29 CFR §1910.15, are adopted by reference. Effective date: December 20, 1993 (20:25 Md. R. 1945) (9) All amendments and revisions to 29 CFR 1910, 29 CFR 1926, and 29 CFR 1928 that appear in the Federal Register on March 7, 1996 (61 FR 9230—9245 and 9248—9255) are adopted by reference. Effective date: July 29, 1996 (23:15 Md. R. 1087) (10) All amendments and revisions to 29 CFR 1910 and 29 CFR 1926 that appear in the Federal Register on June 20, 1996 (61 FR 31249—31434) are adopted by reference. Effective date: October 21, 1996 (23:21 Md. R. 1466) (11) Mechanical Power—Transmission Apparatus; Mechanical Power Presses; Telecommunications; and Hydrogen. All amendments and revisions to 29 CFR §1910.103, 29 CFR §1910.217, 29 CFR §1910.219, 29 CFR §1910.268, and 29 CFR §1926.307 that appear in the Federal Register on June 8, 2004 (69 FR 31880—31882) are adopted by reference. Effective date: February 14, 2005 (32:3 Md. R. 290) (12) Standards Improvement Project—Phase II. All amendments and revisions to 29 CFR Parts 1910 and 1926 (excluding Part 1915) that appear in the Federal Register on January 5, 2005 (70 FR 1112—1144) are adopted by reference. Effective date: September 12, 2005 (32:18 Md. R. 1518) (13) All amendments and revisions to 29 CFR 1910, specifically §1910.6; §1910.106; §1910.142; §1910.243; §1910.254; and §1910.265; that appear in the Federal Register on September 13, 2005 (70 FR 53925—53929) are adopted by reference. Effective date: July 17, 2006 (33:14 Md. R. 1163) (14) All amendments and revisions to 29 CFR 1910 and 1926, excluding Parts 1913 and 1915, that appear in the Federal Register on April 3, 2006 (71 FR 16669—16675) are adopted by reference. Effective date: November 23, 2006 (33:23 Md. R. 1794) (15) All amendments and revisions to 29 CFR 1910, that appear in the Federal Register on August 11, 2009 (74 FR 40441—40447) are adopted by reference, as amended. Effective date: November 29, 2010 (37:24 Md. R. 1658) (16) All amendments and revisions to 29 CFR Parts 1910, 1926, and 1928 (excluding Parts 1915, 1917, 1918, and 1919) that appear in the Federal Register on June 8, 2011 (76 FR 33590—33612) are adopted by reference. Effective date: February 20, 2012 (39:3 Md. R. 259) (17) All amendments and revisions to 29 CFR Parts 1910 and 1926 that appear in the Federal Register on August 7, 2012 (77 FR 46948—46950) are adopted by reference, as amended. Effective date: May 27, 2013 (40:10 Md. R. 916) (18) All amendments and revisions to 29 CFR Part 1910 that appear in the Federal Register on November 18, 2016 (81 FR 82981—83006) are incorporated by reference, as amended. Effective date: April 23, 2018 (45:8 Md. R. 419) (19) All amendments and revisions to 29 CFR Parts 1910, 1915, and 1926 that appear in the Federal Register on March 25, 2016 (81 FR 16286—16890) are incorporated by reference, as amended. (20) Standards Improvement Project—Phase IV. All amendments and revisions to 29 CFR Parts 1904, 1910, 1915, and 1926 that appear in the Federal Register on May 14, 2019 (84 FR 21416—21598) are adopted by reference. B. Accident Prevention Tags. All amendments and revisions that appear in the Federal Register on September 19, 1986 (51 FR 33260—33261) are adopted by reference. Effective date: February 23, 1987 (14:4 Md. R. 416) C. Acrylonitrile (Vinyl Cyanide). All amendments and revisions to 29 CFR §1910.19(c), 29 CFR §1910.1000, and 29 CFR §1910.1045 that appear in the Federal Register on October 3, 1978 (43 FR 45809) are adopted by reference with the changes indicated at 5:24 Md. R. 1802. Effective date: April 20, 1979 (6:8 Md. R. 655); amended effective August 22, 1980 (7:17 Md. R. 1671) D. Advisory and Repetitive Standards. All amendments and revisions to 29 CFR 1910 that appear in the Federal Register on February 10, 1984 (49 FR 5321—5324) are adopted by reference. Effective date: November 5, 1984 (11:22 Md. R. 1897) E. Agriculture. All amendments and revisions to 29 CFR §1928.21(b), Applicability of General Industry Standards for Agriculture (Correction), that appear in the Federal Register on July 29, 1977 (42 FR 38569) are adopted by reference. Effective date: March 10, 1978 (5:5 Md. R. 324) F. Air Contaminants. (1) All amendments and revisions to 29 CFR §1910.1000 and 29 CFR §1910.1500, Occupational Exposure to Air Contaminants, that appear in the Federal Register on December 8, 1979 (43 FR 57602) are adopted by reference. Effective date: May 2, 1980 (7:9 Md. R. 847) (2) All amendments and revisions to 29 CFR §1910.1000, Subpart Z, including Tables Z-1, Z-1-A, Z-2, and Z-3, and the Appendix that appear in the Federal Register on January 19, 1989 (54 FR 2920—2960) are adopted by reference. Effective date: July 10, 1989 (16:13 Md. R. 1420) (3) All amendments and revisions to 29 CFR §1910.1000, changes numbered 139—217, that appear in the Federal Register on July 5, 1989 (54 FR 28059—28061) are adopted by reference. Effective date: November 27, 1989 (16:23 Md. R. 2505) (4) All amendments and revisions to 29 CFR §1910.1000, Subpart Z, including Table Z-1-A that appear in the Federal Register on November 15, 1989 (54 FR 47513) are adopted by reference. Effective date: April 16, 1990 (17:7 Md. R. 849) (5) All amendments and revisions to 29 CFR §1910.1000(a)(3) and Tables Z-1-A and Z-3 that appear in the Federal Register on July 1, 1992 (57 FR 29205—29206) are adopted by reference. Effective date: November 23, 1992 (19:23 Md. R. 2040) (6) All amendments and revisions to 29 CFR 1910.1000 that appear in the Federal Register on June 30, 1993 (58 FR 35340—35341) and a correction that appears in the Federal Register on July 27, 1993 (58 FR 40191) are adopted by reference. Effective date: December 20, 1993 (20:25 Md. R. 1944) (7) All amendments and revisions to 29 CFR §1910.1000, Tables Z-1 and Z-3, that appear in the Federal Register on August 4, 1997 (62 FR 42018) are adopted by reference. Effective date: January 26, 1998 (25:2 Md. R. 76) G. Air Contaminants (Asbestos). All amendments and revisions to 29 CFR §1910.1001 that appear in the Federal Register on November 4, 1983 (48 FR 51139—51140) are adopted by reference. Effective date: December 1, 1983 (10:26 Md. R. 2336) as an emergency provision; emergency status extended at 11:7 Md. R. 621; emergency status expired May 3, 1984 H. Asbestos, Tremolite, Anthophyllite, and Actinolite. (1) All amendments and revisions that appear in the Federal Register on June 20, 1986 (51 FR 22756—22790) are adopted by reference. Effective date: September 7, 1987 (14:18 Md. R. 1965) (2) All amendments and revisions that appear in the Federal Register on June 20, 1986 (51 FR 22732—22756) are adopted by reference. Effective date: September 7, 1987 (14:18 Md. R. 1965) (3) All amendments and revisions that appear in the Federal Register on October 17, 1986 (51 FR 37004—37007) are adopted by reference. Effective date: September 7, 1987 (14:18 Md. R. 1965) (4) All amendments and revisions that appear in the Federal Register on April 30, 1987 (52 FR 15722—15723) and May 12, 1987 (52 FR 17752—17756) are adopted by reference. Effective date: January 14, 1988 (15:1 Md. R. 19) (5) All amendments and revisions to 29 CFR §1926.58 that appear in the Federal Register on September 14, 1988 (53 FR 35627—35629) are adopted by reference. Effective date: March 20, 1989 (16:5 Md. R. 628) (6) All amendments and revisions to 29 CFR §1910.1001 that appear in the Federal Register on September 14, 1988 (53 FR 35625—35627) are adopted by reference. Effective date: March 20, 1989 (16:5 Md. R. 628) (7) All amendments and revisions to 29 CFR §1926.58, Subpart D, that appear in the Federal Register on December 20, 1989 (54 FR 52027—52028) are adopted by reference. Effective date: May 14, 1990 (17:9 Md. R. 1089) (8) All amendments and revisions to 29 CFR §1910.1001, Subpart Z, that appear in the Federal Register on December 20, 1989 (54 FR 52027) are adopted by reference. Effective date: May 14, 1990 (17:9 Md. R. 1089) (9) All amendments and revisions to 29 CFR §1926.58, Subpart D, and Appendix J, that appear in the Federal Register on February 5, 1990 (55 FR 3732) are adopted by reference. Effective date: May 28, 1990 (17:10 Md. R. 1218) (10) All amendments and revisions to 29 CFR §1910.1001, Subpart Z, and Appendix I, that appear in the Federal Register on February 5, 1990 (55 FR 3731—3732) are adopted by reference. Effective date: May 28, 1990 (17:10 Md. R. 1218) (11) All amendments and revisions to 29 CFR §1926.58 that appear in the Federal Register on June 8, 1992 (57 FR 24330—24331) are adopted by reference. Effective date: October 12, 1992 (19:20 Md. R. 1814) (12) All amendments and revisions to CFR §1910.1001 and the removal of 29 CFR §1910.1101 that appear in the Federal Register on June 8, 1992 (57 FR 24330—24331) are adopted by reference. Effective date: October 12, 1992 (19:20 Md. R. 1814) (13) All the amendments and revisions to 29 CFR §1926.1101, including Appendices A, B, D, F, H, I, and K, that appear in the Federal Register on August 10, 1994 (59 FR 41131—41162) are adopted by reference with the changes indicated at 21:24 Md. R. 1999—2000. Effective date: January 30, 1995 (22:2 Md. R. 76) (14) All amendments and revisions to 29 CFR §1910.1001, including mandatory Appendices A, C, D, and E and nonmandatory Appendices B, F, H, I, J, and K, together with related amendments and revisions to 29 CFR §1910.19 that appear in the Federal Register on August 10, 1994 (59 FR 41057—41080) are adopted by reference with the changes indicated at 21:24 Md. R. 2000—2002. Effective date: January 30, 1995 (22:2 Md. R. 76) (15) All amendments and revisions to 29 CFR §§1910.0110 and 1926.1101 that appear in the Federal Register on February 21, 1995 (60 FR 9624—9626), together with a correction that appears in the Federal Register on March 1, 1995 (60 FR 11194), are adopted by reference. Effective date: August 14, 1995 (22:16 Md. R. 1220) (16) All amendments and revisions to 29 CFR §§1910.1001 and 1926.1101 that appear in the Federal Register on June 28, 1995 (60 FR 33344—33345); changes 39—130 and 324—478 that appear in the Federal Register on June 29, 1995 (60 FR 33984—33987 and 33995—34002); and the changes that appear in the Federal Register on July 13, 1995 (60 FR 36043—36044) are adopted by reference. Effective date: January 15, 1996 (23:1 Md. R. 24) (17) All amendments and revisions to 29 CFR §1926.1101(g)(7)(iii), (g)(8)(iv)(B), (g)(8)(iv)(C), (g)(11), (g)(11)(iv), (h)(2)(v), and (o)(4) that appear in the Federal Register on September 29, 1995 (60 FR 50411—50413) are adopted by reference. Effective date: January 29, 1996 (23:2 Md. R. 95) (18) All amendments and revisions to 29 CFR §§1910.1001(j)(3)(v) and 1926.1101(h)(2)(iii), (k)(6), (k)(8)(vii), (k)(9)(iii)—(v), and (m)(1)(i)(A), that appear in the Federal Register on August 23, 1996 (61 FR 43456—43459) are adopted by reference. Effective date: January 27, 1997 (24:2 Md. R. 115) (19) All amendments and revisions to 29 CFR §1926.1101 that appear in the Federal Register on June 29, 1998 (63 FR 35137—35138) are incorporated by reference. Effective date: November 30, 1998 (25:24 Md. R. 1773) I. Bakery Equipment. (1) All amendments and revisions to 29 CFR §1910.214, Cooperage and Machinery, 29 CFR §1910.263, Bakery Equipment, and 29 CFR §1910.264, Laundry Machinery and Operations, that appear in the Federal Register on October 24, 1978 (43 FR 49764) with corrections proposed in 43 FR 51760 (November 7, 1978) are adopted by reference. Effective date: May 4, 1979 (6:9 Md. R. 727) (2) All amendments and revisions to 29 CFR 1910 that appear in the Federal Register on October 24, 1978 (43 FR 49744) with corrections proposed in 43 FR 51759 (November 7, 1978) are adopted by reference. Effective date: May 4, 1979 (6:9 Md. R. 727) J. Benzene. All amendments and revisions to 29 CFR §1910.1028, including Appendices A—E, that appear in the Federal Register on September 11, 1987 (52 FR 34562—34578) are adopted by reference with the changes indicated at 14:26 Md. R. 2753. Effective date: March 21, 1988 (15:6 Md. R. 740) J-1. Beryllium. (1) All amendments and revisions to 29 CFR Parts 1910, 1915, and 1926 that appear in the Federal Register on January 9, 2017 (82 FR 2470—2757) “Occupational Exposure to Beryllium” are adopted by reference, as amended. (2) All amendments and revisions to 29 CFR Part 1910 that appear in the Federal Register on July 14, 2020 (85 FR 42582— 42628) “Revising the Beryllium Standard for General Industry” are adopted by reference, as amended. (3) All amendments and revisions to 29 CFR Parts 1915 and 1926 that appear in the Federal Register on August 31, 2020 (85 FR 53910—53999) “Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors” are adopted by reference, as amended. J-2. Bloodborne Pathogens. (1) All amendments and revisions to 29 CFR §1910.1030, including Appendix A, that appear in the Federal Register on December 6, 1991 (56 FR 64174—64182) are adopted by reference with the changes indicated at 19:6 Md. R. 684. Effective date: May 31, 1992 (19:10 Md. R. 930) (2) All amendments and revisions to 29 CFR §1910.1030 that appear in the Federal Register on July 1, 1992 (57 FR 29206) are adopted by reference with the changes indicated at 19:19 Md. R. 1721. Effective date: November 23, 1992 (19:23 Md. R. 2040) (3) All amendments and revisions to 29 CFR §1910.1030 that appear in the Federal Register on January 18, 2001 (66 FR 5318—5325) are adopted by reference. Effective date: November 12, 2001 (28:22 Md. R. 1936) (4) All amendments and revisions to 29 CFR §1910.1030 that appear in the Federal Register on April 3, 2012 (77 FR 19933—19934) are adopted by reference, as amended. Effective date: May 27, 2013 (40:10 Md. R. 916) J-3. Butadiene. All amendments and revisions to 29CFR §§1910.19(1), 1910.1000, and 1910.1051, including Appendices A—F; and 29 CFR 1926, Subpart Z and Appendix A, that appear in the Federal Register on November 4, 1996 (61 FR 56831—56856) are adopted by reference with the changes indicated at 24:4 Md. R. 298. Effective date: April 21, 1997 (24:8 Md. R. 616) J-4. Cadmium. (1) All amendments and revisions to 29 CFR §1910.1027, including Appendices A—F, and related amendments to 29 CFR §§1910.19 and 1910.1000, that appear in the Federal Register on September 14, 1992 (57 FR 42389—42452) are adopted by reference with the changes indicated at 19:26 Md. R. 2337—2338. Effective date: March 1, 1993 (20:4 Md. R. 370) (2) All amendments and revisions to 29 CFR §1926.63, including Appendices A—F, that appear in the Federal Register on September 14, 1993 (58 FR 42399—42463) are adopted by reference with the changes indicated at 19:26 Md. R. 2339—2340. Effective date: March 1, 1993 (20:4 Md. R. 370) (3) All amendments and revisions to 29 CFR §1928.1027, including Appendices A—F, that appear in the Federal Register on April 23, 1993 (58 FR 21787—21850) are adopted by reference with the changes indicated at 20:13 Md. R. 1065. Effective date: September 13, 1993 (20:18 Md. R. 1428) (4) All amendments and revisions to 29 CFR §1926.63 that appear in the Federal Register on April 23, 1993 (58 FR 21787), changes 152—168, are adopted by reference. Effective date: September 13, 1993 (20:18 Md. R. 1428) (5) All amendments and revisions to 29 CFR §1910.1027, and Appendices A—F, that appear in the Federal Register on April 23, 1993 (58 FR 21780—21787, changes 61—151, are adopted by reference. Effective date: September 13, 1993 (20:18 Md. R. 1429) (6) All amendments and revisions to 29 CFR §1926.63 that appear in the Federal Register on January 3, 1994 (59 FR 215) are adopted by reference. Effective date: May 9, 1994 (21:9 Md. R. 750) K. Chlordecone (Kepone). All amendments and revisions to 29 CFR 1910 that appear in the Federal Register on August 20, 1976 (41 FR 35184) are adopted by reference. Effective date: January 19, 1977 (4:2 Md. R. 87) L. Coal Tar Pitch Volatiles. All amendments and revisions to 29 CFR §1910.1002 that appear in the Federal Register on January 21, 1983 (48 FR 2768) are adopted by reference. Effective date: August 1, 1983 (10:15 Md. R. 1349) M. Coke Oven Emissions. (1) All amendments and revisions to 29 CFR §1910.1029 and 29 CFR §1928.57 that appear in the Federal Register on the following dates: October 22, 1976 (41:206 FR) and January 18, 1977 (42:12 FR) are adopted by reference. Effective date: April 27, 1977 (4:9 Md. R. 713) (2) All amendments and revisions that appear in the Federal Register on September 13, 1985 (50 FR 37353—37354) are adopted by reference. Effective date: March 24, 1986 (13:6 Md. R. 682) N. Commercial Diving Operations. (1) All amendments and revisions to 29 CFR §1910, Subpart T, that appear in the Federal Register on July 22, 1977 (42 FR 37668) are adopted by reference. Effective date: March 10, 1978 (5:5 Md. R. 324) (2) All amendments and revisions to 29 CFR §1926.605(e), Commercial Diving Operations (Construction), that appear in the Federal Register on July 22, 1977 (42 FR 37674) are adopted by reference. Effective date: March 10, 1978 (5:5 Md. R. 324) (3) All amendments and revisions to 29 CFR §1928.21(b), Commercial Diving Operations (Agriculture), that appear in the Federal Register on July 22, 1977 (42 FR 37674) are adopted by reference. Effective date: March 10, 1978 (5:5 Md. R. 324) (4) All amendments and revisions to 29 CFR §1910.423 that appear in the Federal Register on June 20, 1980 (45 FR 41634) are adopted by reference. Effective date: February 20, 1981 (8:4 Md. R. 340) (5) All amendments and revisions to 29 CFR §§1910.402 and 1910.401(a)(2)(iv), Subpart T, that appear in the Federal Register on November 26, 1982 (47 FR 53365) are adopted by reference. Effective date: May 9, 1983 (10:9 Md. R. 789) (6) All amendments and revisions to 29 CFR §1910.411, Subpart T, that appear in the Federal Register on January 6, 1984 (49 FR 881) are adopted by reference. Effective date: June 18, 1984 (11:12 Md. R. 1063) (7) All amendments and revisions to 29 CFR 1910, Subpart T, Commercial Diving Operations (Educational/Scientific Diving), that appear in the Federal Register on January 9, 1985 (50 FR 1050) are adopted by reference. Effective date: July 29, 1985 (12:15 Md. R. 1515) (8) All amendments and revisions to 29 CFR §1910.430 that appear in the Federal Register on September 18, 1986 (51 FR 33033—33034) are adopted by reference. Effective date: February 23, 1987 (14:4 Md. R. 416) O. Concrete and Masonry Construction. (1) All amendments and revisions to 29 CFR §§1926.700—1926.706 and Appendix to 29 CFR §1926.705, Subpart Q, that appear in the Federal Register on June 16, 1988 (53 FR 22643—22646) are adopted by reference. Effective date: November 28, 1988 (15:24 Md. R. 2768) (2) All amendments and revisions to 29 CFR §§1926.700—1926.706, Subpart Q, that appear in the Federal Register on October 5, 1989 (54 FR 41088) are adopted by reference. Effective date: March 19, 1990 (17:5 Md. R. 637) (3) All amendments and revisions to 29 CFR §§1926.305, 1926.700, 1926.705, and the Appendix to 29 CFR §1926.705 that appear in the Federal Register on October 19, 1990 (55 FR 42327—42330) are adopted by reference. Effective date: February 18, 1991 (18:3 Md. R. 304) O-1. Confined Spaces for General Industry, Permit-Required. (1) All amendments and revisions to 29 CFR §1910.146 that appear in the Federal Register on January 14, 1993 (58 FR 4549—4563) are adopted by reference with the changes indicated at 20:9 Md. R. 799—801. Effective date: July 5, 1993 (20:13 Md. R. 1048) (2) All amendments and revisions to 29 CFR §1910.146, including Appendices A—E, that appear in the Federal Register on June 29, 1993 (58 FR 34845—34851) are adopted by reference. Effective date: December 20, 1993 (20:25 Md. R. 1945) (3) All amendments and revision to 29 CFR §1910.146 that appear in the Federal Register on May 19, 1994 (59 FR 26115—26116) are adopted by reference. Effective date: September 26, 1994 (21:19 Md. R. 1634) O-2. Confined Spaces in Construction. All amendments and revisions to 29 CFR §1926 that appear in the Federal Register on May 4, 2015 (80 FR 25366—25526) are adopted by reference. Effective date: January 2, 2017 (43:26 Md. R. 1444) P. Construction Industry Test and Inspection Records. All amendments and revisions to 29 CFR 1926.550, 1926.552, and 1926.903 that appear in the Federal Register on September 28, 1987 (52 FR 36381—36382) are adopted by reference. Effective date: February 22, 1988 (15:4 Md. R. 471) P-1. Construction Work. (1) A compilation that sets forth the text of all standards applicable to construction work, that appears in the Federal Register on June 30, 1993 (58 FR 35077—35306), together with amendments and a correction that appear in the Federal Register on July 28, 1993 (58 FR 40468), are adopted by reference with the changes indicated at 20:21 Md. R. 1667—1668. Effective date: December 20, 1993 (20:25 Md. R. 1945) (2) All amendments and revisions to 29 CFR§§1926.416 and 1926.417 that appear in the Federal Register on August 12, 1996 (61 FR 41738—41739) are adopted by reference. Effective date: January 27, 1997 (24:2 Md. R. 115) (3) All amendments and revisions to 29 CFR §1926.251 that appear in the Federal Register on April 18, 2012 (77 FR 23117—23118) are adopted by reference, as amended. Effective date: May 27, 2013 (40:10 Md. R. 917) P-2. Controlled Negative Pressure REDON Fit Testing Protocol. All amendments and revisions to 29 CFR §1910.134 that appear in the Federal Register on August 4, 2004 (69 FR 46986—46994) are adopted by reference. Effective date: February 14, 2005 (32:3 Md. R. 289) Q. Cooperage and Machinery (see I, Bakery Equipment). R. Cotton Dust. (1) All amendments and revisions to 29 CFR §1910.19(f), 29 CFR §1910.1000, and 29 CFR §1910.1043 that appear in the Federal Register on June 23, 1978 (43 FR 27394—27463) and February 26, 1980 (45 FR 12417) are adopted by reference with the changes indicated at 7:9 Md. R. 877—878. Effective date: August 22, 1980 (7:17 Md. R. 1671) (2) All amendments and revisions to 29 CFR §1910.1043, Appendix A, that appear in the Federal Register on October 10, 1980 (45 FR 67339—67340) are adopted by reference. Effective date: February 25, 1985 (12:4 Md. R. 360) (3) All amendments and revisions that appear in the Federal Register on December 13, 1985 (50 FR 51173—51179) are adopted by reference. Effective date: June 16, 1986 (13:12 Md. R. 1373) (4) All amendments and revisions that appear in the Federal Register on July 3, 1986 (51 FR 24325), changes numbered 17—27, are adopted by reference. Effective date: December 1, 1986 (13:24 Md. R. 2558) (5) All amendments and revisions to 29 CFR §1910.1043 that appear in the Federal Register on December 7, 2000 (65 FR 76563—76567) are adopted by reference. Effective date: December 24, 2001 (28:25 Md. R. 2189) S. Crane or Derrick Suspended Personnel Platforms in Construction. (1) All amendments and revisions to 29 CFR §1926.550(g), Subpart N, that appear in the Federal Register on August 2, 1988 (53 FR 29139—29141) and April 18, 1989 (54 FR 15405—15406) are adopted by reference with the changes indicated at 16:22 Md. R. 2364. Effective date: November 13, 1989 (16:22 Md. R. 2364) (2) All amendments and revisions to 29 CFR §1926.550(g) that appear in 20:14 Md. R. 1172—1173 and 21:4 Md. R. 274—275 are adopted effective February 28, 1994 (21:4 Md. R. 274) (3) All amendments and revisions to 29 CFR §1926.550(g) that appear in 21:7 Md. R. 540—541 are adopted effective June 6, 1994 (21:11 Md. R. 950) T. 1,2-Dibromo-3-chloropropane (DBCP). All amendments and revisions to 29 CFR §1910.1044 that appear in the Federal Register on March 17, 1978 (43 FR 11527) are adopted by reference with the changes indicated at 5:9 Md. R. 707. Effective date: August 25, 1978 (5:17 Md. R. 1328) T-1. Dipping and Coating Operations. All amendments and revisions related to Dipping and Coating Operations previously codified under 29 CFR §§1910.108 and 1910.94(d) and revised to 29 CFR §§1910.6 and 1910.122—1910.126 that appear in the Federal Register on March 23, 1999 (64 FR 13908—13912) are adopted by reference. Effective date: July 26, 1999 (26:15 Md. R. 1148) T-2. DOT Markings, Placards, and Labels. All amendments and revisions to 29 CFR §§1910.1201, 1926.61, and 1928.21 that appear in the Federal Register on July 19, 1994 (59 FR 36700) are adopted by reference. Effective date: January 2, 1995 (21:26 Md. R. 2186) U. Electrical Safety — Related Work Practices. (1) All amendments and revisions to 29 CFR §§1910.331—1910.335, 29 CFR §§1910.26, 1910.67, 1910.68, 1910.94, 1910.103, 1910.106, 1910.110, 1910.178—1910.181, 1910.252, 1910.261, 1910.265, 1910.266, 1910.304, and 1910.399 that appear in the Federal Register on August 6, 1990 (55 FR 32014—32020) are adopted by reference with the changes indicated at 17:25 Md. R. 2919. Effective date: February 18, 1991 (18:3 Md. R. 303) (2) Corrections 2—8 and portions of Correction 1, other than the preamble, relating to Electrical Safety—Related Work Practices, to 29 CFR §§1910.252, 1910.331, 1910.333 including Table 5, 1910.334, and 1910.399, that appear in the Federal Register on November 1, 1990 (55 FR 46052—46054) are adopted by reference. Effective date: June 24, 1991 (18:12 Md. R. 1337) U-1. Electrical Standards. (1) All amendments and revisions to 29 CFR 1910, Subpart S, that appear in the Federal Register on January 16, 1981 (46 FR 4055—4076) are adopted by reference. Effective date: November 9, 1981 (8:22 Md. R. 1783) (2) All amendments and revisions to 29 CFR 1910, Subpart S, that appear in the Federal Register on August 7, 1981 (46 FR 40184—40185) are adopted by reference. Effective date: August 16, 1982 (9:16 Md. R. 1604) (3) All amendments and revisions to 29 CFR Part 1910, Subpart S, that appear in the Federal Register on February 14, 2007 (72 FR 7135—7221) are adopted by reference, as amended. Effective date: September 24, 2007 (34:19 Md. R. 1649) V. Electrical Standards for Construction. All amendments and revisions that appear in the Federal Register on July 11, 1986 (51 FR 25318—25335) are adopted by reference. Effective date: January 26, 1987 (14:2 Md. R. 127) V-1. Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment. (1) All amendments and revisions to 29 CFR §1910.269, including Appendices A—E, and related amendments to 29 CFR §1910.137, 29 CFR §1910.331, and 29 CFR §1910.333, that appear in the Federal Register on January 31, 1994 (59 FR 4435—4476) are adopted by reference with the changes indicated at 21:9 Md. R. 759—760. Effective date: July 4, 1994 (21:13 Md. R. 1156) (2) All amendments and revisions to 29 CFR §§1910.137 and 1910.269 that appear in the Federal Register on June 30, 1994 (59 FR 33660—33663) are adopted by reference as an emergency provision effective November 18, 1994 (21:25 Md. R. 2093); adopted permanently with the changes indicated at 21:22 Md. R. 1885—1886 effective January 2, 1995 (21:26 Md. R. 2185) (3) All amendments and revisions to 29 CFR Parts 1910 and 1926 that appear in the Federal Register on April 11, 2014 (79 FR 20629—20743) are incorporated by reference, as amended. Effective date: April 23, 2018 (45:8 Md. R. 419) W. Employee Exposure and Medical Records. (1) All amendments and revisions to 29 CFR §§1910.20, 1910.440(b)(2) and (b)(4), 1910.1001(i)(2) and (j)(6)(ii), 1910.1003(g)(2)(ii), 1910.1004(g)(2)(ii), 1910.1006(g)(2)(ii), 1910.1007(g)(2)(ii), 1910.1008(g)(2)(ii), 1910.1009(g)(2)(ii), 1910.1010(g)(2)(ii), 1910.1011(g)(2)(ii), 1910.1012(g)(2)(ii), 1910.1013(g)(2)(ii), 1910.1014(g)(2)(ii), 1910.1015(g)(2)(ii), 1910.1016(g)(2)(ii), 1910.1017(m)(2)—(m)(6), 1910.1018(q)(3)(ii), (q)(3)(iii), (q)(4)(iv), and Appendix A Section VIII, 1910.1025(n)(4)(ii), (n)(4)(iii), and (n)(5)(iv), 1910.1028(l)(3)(ii)—(l)(3)(iv), and (l)(4)(iv), and Appendix A Section VII, 1910.1029(m)(3)(ii)—(m)(3)(iv), and (m)(4)(iv), 1910.1043(k)(3)(ii)—(k)(3)(iv), and (k)(4)(iv), 1910.1044(p)(3)(ii)—(p)(3)(iv), and (p)(4)(iv), 1910.1045(q)(4)(ii), (q)(4)(iii), (q)(5)(iv), and Appendix A Section VI, D, 1910.1046(h)(2)(ii) and (h)(3)(iv), that appear in the Federal Register on May 23, 1980 (45 FR 35277—35284) and August 15, 1980 (45 FR 54333—54334) are adopted by reference. Effective date: February 20, 1981 (8:4 Md. R. 340) (2) All amendments and revisions to 29 CFR §1910.20 and Appendices A and B that appear in the Federal Register on September 29, 1988 (53 FR 38162—38168) are adopted by reference. Effective date: April 17, 1989 (16:7 Md. R. 811) X. Employer Certifications of Equipment Maintenance, Inspections, and Checks. All amendments and revisions that appear in the Federal Register on September 29, 1986 (51 FR 34560—34562) are adopted by reference. Effective date: February 23, 1987 (14:4 Md. R. 416) Y. Ethylene Oxide. (1) All amendments and revisions to 29 CFR §1910.19, 29 CFR §1910.1000, 29 CFR §1910.1047, and Appendices A, B, C, and D, that appear in the Federal Register on June 22, 1984 (49 FR 25795—25809) are adopted by reference. Effective date: February 25, 1985 (12:4 Md. R. 359) (2) All amendments and revisions that appear in the Federal Register on October 11, 1985 (50 FR 41494) pertaining to Labeling Requirements, are adopted by reference. Effective date: March 24, 1986 (13:6 Md. R. 682) (3) All amendments and revisions that appear in the Federal Register on July 10, 1986 (51 FR 25053) are adopted by reference. Effective date: December 1, 1986 (13:24 Md. R. 2557) (4) All amendments and revisions to 29 CFR §1910.1047, Subpart Z, that appear in the Federal Register on April 6, 1988 (53 FR 11436—11438) are adopted by reference with the changes indicated at 15:14 Md. R. 1708—1709. Effective date: September 5, 1988 (15:18 Md. R. 2146) Z. Excavations. All amendments and revisions to 29 CFR §§1926.650—1926.652, Subpart P, and Appendices A—F, that appear in the Federal Register on October 31, 1989 (54 FR 45958—45991) are adopted by reference with the changes indicated at 17:6 Md. R. 746. Effective date: May 28, 1990 (17:10 Md. R. 1218) Z-2. Fall Protection in the Construction Industry (For fall protection in steel erection, see COMAR 09.12.25). AA. Fire Protection. All amendments and revisions to 29 CFR 1910, Fire Protection, Means of Egress, Hazardous Materials, that appear in the Federal Register on May 1, 1981 (46 FR 24556—24558) are adopted by reference. Effective date: November 9, 1981 (8:22 Md. R. 1783) BB. Formaldehyde. (1) All amendments and revisions to 29 CFR §§1910.19, 1910.1000, 1910.1048, including Appendices A—E, and 29 CFR §1926.55, that appear in the Federal Register on December 4, 1987 (52 FR 46291—46312) are adopted by reference with the changes indicated at 15:8 Md. R. 1016. Effective date: June 13, 1988 (15:12 Md. R. 1445) (2) All amendments and revisions to 29 CFR §1910.1048, Subpart Z, that appear in the Federal Register on July 13, 1989 (54 FR 29545—29546) and August 1, 1989 (54 FR 31765) are adopted by reference. Effective date: January 22, 1990 (17:1 Md. R. 68) (3) All amendments and revisions to 29 CFR §1910.1048 that appear in the Federal Register on May 27, 1992 (57 FR 22307—22328) and June 10, 1992 (57 FR 24701); and correction number four on June 18, 1992 (57 FR 27161) are adopted by reference with the changes indicated at 19:16 Md. R. 1487. Effective date: October 12, 1992 (19:20 Md. R. 1814) BB-1. General Industry. Standards Improvement (Miscellaneous Charges) for General Industry and Construction Standards; Paperwork Collection for Coke Oven Emissions and Inorganic Arsenic. All amendments and revisions to 29 CFR §§1910.109, 1910.110, 1910.111, 1910.141, 1910.142, 1910.151, 1910.156, 1910.183, 1910.261, 1910.262, 1910.265, 1910.267, 1910.268, 1910.1017, 1910.1018, and 1910.1029, and 29 CFR §§1926.31, 1926.50, 1926.152, and 1926.906 that appear in the Federal Register on June 18, 1998 (63 FR 33466—33469) are adopted by reference. Effective date: December 28, 1998 (25:26 Md. R. 1920) CC. Grain Handling Facilities. (1) All amendments and revisions to 29 CFR §1910.272, including Appendices A, B, and C, that appear in the Federal Register on December 31, 1987 (52 FR 49624—49631) are adopted by reference. Effective date: June 13, 1988 (15:12 Md. R. 1445) (2) All amendments and revisions to 29 CFR §1910.272, including Appendices A and C, that appear in the Federal Register on May 18, 1988 (53 FR 17695—17696) are adopted by reference. Effective date: September 5, 1988 (15:18 Md. R. 2146) (3) All amendments and revisions to 29 CFR §1910.272 that appear in the Federal Register on March 8, 1996 (61 FR 9583—9584) are adopted by reference. Effective date: July 29, 1996 (23:15 Md. R. 1087) DD. Ground Fault Protection. All amendments and revisions to 29 CFR §1910.309(c) and 29 CFR §1926.400(h) that appear in the Federal Register on December 21, 1976 (41 FR 55702—55704) are adopted by reference. Effective date July 6, 1977 (4:14 Md. R. 1082). EE. Guarding of Low-Pitched Roof Perimeters During the Performance of Built-Up Roofing Work. All amendments and revisions to 29 CFR §1926.500(g), 29 CFR §1926.502(p), and Appendix A to Subpart M, that appear in the Federal Register on November 14, 1980 (45 FR 75624—75631) are adopted by reference. Effective date: May 29, 1981 (8:11 Md. R. 973) FF. Guarding of Portable Powered Tools. All amendments and revisions to 29 CFR §1910.243 that appear in the Federal Register on February 1, 1985 (50 FR 4649) are adopted by reference. Effective date: July 29, 1985 (12:15 Md. R. 1515) GG. Hazard Communication and Safety Data Sheets. (1) All amendments and revisions to 29 CFR §1910.1200(g)(1)—(g)(5) that appear in the Federal Register on November 25, 1983 (48 FR 53343—53344) are adopted by reference with the changes indicated at 11:20 Md. R. 1748—1749. Effective date: December 17, 1984 (11:25 Md. R. 2132) (2) All amendments and revisions to 29 CFR §1910.1200, including Appendices A—D and new Appendix E, that appear in the Federal Register on February 9, 1994 (59 FR 6169—6184) are adopted by reference with the changes indicated at 21:9 Md. R. 760—761. Effective date: July 4, 1994 (21:13 Md. R. 1156) (3) All amendments and revisions to 29 CFR §§1910.1200 and 1926.59 that appear in the Federal Register on December 22, 1994 (59 CFR 65947—65948) are adopted by reference. Effective date: July 3, 1995 (22:13 Md. R. 966) (4) All amendments and revisions to 29 CFR §§1910 and 1926, including Appendices A—F, and excluding Part 1915 and 29 CFR §1910.1200(b)(6)(iv) that appear in the Federal Register on March 26, 2012 (77 FR 17574—17896) are adopted by reference, as amended. Effective date: September 2, 2013 (40:17 Md. R. 1420) GG-1. Hazardous Chemicals, Explosives and Blasting Agents Standard, Process Safety Management of Highly. All amendments and revisions to 29 CFR §1910.119 and Appendices A—D and related amendments to 29 CFR §1910.109 that appear in the Federal Register on February 24, 1992 (57 FR 6403—6417) and corrections to 29 CFR §1910.119 that appear in the Federal Register on March 4, 1992 (57 FR 7847) are adopted by reference. Effective date: July 20, 1992, except for paragraphs f, h, j, and l under §1910.119 effective August 26, 1992 (19:14 Md. R. 1283) HH. Hazardous Chemicals in Laboratories. (1) All amendments and revisions to 29 CFR §1910.1450, Subpart Z and Appendices A and B, that appear in the Federal Register on January 31, 1990 (55 FR 3327—3335), March 6, 1990 (55 FR 7967), and March 30, 1990 (55 FR 12110—12111) are adopted by reference. Effective date: September 3, 1990 (17:17 Md. R. 2079) (2) All amendments and revisions to 29 CFR §1910.1450 and 29 CFR §1910.1500, that appear in the Federal Register on July 1, 1992 (57 FR 29204) are adopted by reference. Effective date: November 23, 1992 (19:23 Md. R. 2040) II. Hazardous Energy Source (Lockout/Tagout). (1) All amendments and revisions to 29 CFR §1910.147 that appear in the Federal Register on September 1, 1989 (54 FR 36687—36696) are adopted by reference. Effective date: April 16, 1990 (17:7 Md. R. 849) (2) All amendments and revisions to 29 CFR §1910.147 that appear in the Federal Register on September 20, 1990 (55 FR 38685—38687) are adopted by reference. Effective date: February 18, 1991 (18:3 Md. R. 303) JJ. Hazardous Materials (see also AA, Fire Protection). All amendments and revisions to 29 CFR §1910.106(g)(2) and (g)(3)(vi), Subpart H, Hazardous Materials; Attendant Exemption and Latch-Open Devices, that appear in the Federal Register on September 7, 1982 (47 FR 39164) are adopted by reference. Effective date: May 9, 1983 (10:9 Md. R. 789) KK. Hazardous Waste Operations and Emergency Response. (1) All amendments and revisions to 29 CFR §1910.120, Subpart H and Appendices A—D, that appear in the Federal Register on March 6, 1989 (54 FR 9317—9336) are adopted by reference. Effective date: November 27, 1989 (16:23 Md. R. 2505) (2) All amendments and revisions to 29 CFR §1910.120 and Appendices A—D that appear in the Federal Register on April 13, 1990 (55 FR 14037—14075), changes numbered 13—37, are adopted by reference. Effective date: August 20, 1990 (17:16 Md. R. 1991) (3) All amendments and revisions to 29 CFR §1910.120(a)(3) and (e)(9) that appear in the Federal Register on April 18, 1991 (56 FR 15832—15833) are adopted by reference. Effective date: September 30, 1991 (18:19 Md. R. 2099) (4) All amendments and revisions to 29 CFR §1910.120 that appear in the Federal Register on August 22, 1994 (59 FR 43270—43275) are adopted by reference. Effective date: January 2, 1995 (21:26 Md. R. 2185) (5) All amendments and revisions to 29 CFR §1926.65 that appear in the Federal Register on August 22, 1994 (59 FR 43275—43280) are adopted by reference. Effective date: January 2, 1995 (21:26 Md. R. 2186) KK-1. Hexavalent Chromium, Occupational Exposure to. All amendments and revisions to 29 CFR Parts 1910 and 1926, excluding Parts 1915, 1917, and 1918, that appear in the Federal Register on February 28, 2006 (71 FR 10100—10385) are adopted by reference, as amended. Effective date: April 23, 2007 (34:8 Md. R. 767). The requirements proposed in 71 FR 38085—38087 have been specifically excluded from incorporation by reference. Effective date: September 24, 2007 (34:19 Md. R. 1650) LL. Inorganic Arsenic. All amendments and revisions to 29 CFR §1910.19(e), 29 CFR §1910.1000, and 29 CFR §1910.1918 that appear in the Federal Register on May 5, 1978 (43 FR 19624) are adopted by reference with the changes indicated at 5:13 Md. R. 1069. Effective date: April 20, 1979 (6:8 Md. R. 655); amended effective August 22, 1980 (7:17 Md. R. 1671) MM. Laundry Machinery and Operations (see I, Bakery Equipment). NN. Lavatories for Industrial Employment (see A, In General). OO. Lead. (1) All amendments and revisions to 29 CFR §1910.19(g), 29 CFR §1910.1000, and 29 CFR §1910.1025 that appear in the Federal Register on November 14, 1978 (43 FR 53007—53014) and January 26, 1979 (44 FR 5447—5448) are adopted by reference with the changes indicated at 7:13 Md. R. 1294. Effective date: December 12, 1980 (7:25 Md. R. 2336) (2) All amendments and revisions to 29 CFR §1910.1025(e)(1) and Table 1 that appear in the Federal Register on December 1, 1981 (46 FR 60775—60776) are adopted by reference. Effective date: August 16, 1982 (9:16 Md. R. 1604) (3) All amendments and revisions to 29 CFR §1910.1025(f)(3)(ii), Appendix B, Sections IV and XV, and Appendix D (Respirator Fit Testing), that appear in the Federal Register on November 12, 1982 (47 FR 51117—51119) are adopted by reference. Effective date: May 9, 1983 (10:9 Md. R. 790) (4) All amendments and revisions to 29 CFR §1910.1025, Appendix D (Respirator Fit Testing), that appear in the Federal Register on March 8, 1983 (48 FR 9641—9642) are adopted by reference. Effective date: September 26, 1983 (10:19 Md. R. 1690) (5) All amendments and revisions to 29 CFR §1910.1025, Subpart Z, that appear in the Federal Register on July 11, 1989 (54 FR 29274—29275) are adopted by reference. Effective date: May 14, 1990 (17:9 Md. R. 1089) (6) All amendments and revisions to 29 CFR §1910.1025, Appendices A, B, and C, that appear in the Federal Register on October 23, 1979 (44 FR 60981—60995) and November 12, 1982 (47 FR 51117), corrections 1—25 published on November 30, 1979 (44 FR 68827—68828), amendments 1 and 2 published on February 13, 1990 (55 FR 4998—4999) and May 31, 1991 (56 FR 24686) are adopted by reference with the changes indicated at 18:20 Md. R. 2207. Effective date: December 9, 1991 (18:24 Md. R. 2643) (7) All amendments and revisions to 29 CFR §1910.1025 that appear in the Federal Register on January 30, 1990 (55 FR 3166—3167) are adopted by reference. Effective date: June 8, 1992 (19:11 Md. R. 1015) (8) All amendments and revisions to 29 CFR §1926.62, including Appendices A—D, that appear in the Federal Register on May 4, 1993 (58 FR 26627—26649) are adopted by reference with the changes indicated at 21:2 Md. R. 109—112. Effective date: March 28, 1994 (21:6 Md. R. 466) (9) All amendments and revisions to 29 CFR 1926.62(1) that appear in the Federal Register on May 4, 1993 (58 FR 26627—26649) are adopted by reference with the changes indicated at 21:15 Md. R. 1313—1314. Effective date: September 26, 1994 (21:19 Md. R. 1634) (10) All amendments and revisions to 29 CFR §1910.1025(e)(1)(ii), (f)(1)(i), (j)(2)(ii), (k)(1)(i), (e)(4), (k)(1)(i)(A) and (B), (k)(1)(iii)(A)(1) and (2), and Appendices B and C, that appear in the Federal Register on October 11, 1995 (60 FR 52858—52859 are adopted by reference. Effective date: February 26, 1996 (23:4 Md. R. 272) PP. Lift Slab Construction Operations (see O(3), Concrete and Masonry Construction). PP-1. Liquified Petroleum Bases, Storage and Handling of. All amendments and revisions to 29 CFR §1910.110(d)(11) that appear in the Federal Register on March 19, 1993 (58 FR 15089) are adopted by reference. Effective date: July 5, 1993 (20:13 Md. R. 1048) PP-2. Longshoring and Marine Terminals. All amendments and revisions to 29 CFR §1910.16 that appear in the Federal Register on July 25, 1997 (62 FR 40195) are adopted by reference. Effective date: January 26, 1998 (25:2 Md.R . 75) PP-3. Logging Operations. (1) All amendments and revisions to 29 CFR §1910.266, Appendices A, B, and C, and related amendments to 29 CFR §1926.269(r) and 29 CFR §1928.21(a)(3) that appear in the Federal Register on October 12, 1994 (59 FR 51741—51748) are adopted by reference. Efffective date: April 24, 1995 (22:8 Md. R. 595) (2) All amendments and revisions to 29 CFR §1910.266 that appear in the Federal Register on February 8, 1995 (60 FR 7447—7449) are adopted by reference. Effective date: April 27, 1995 (22:10 Md. R. 704) as an emergency provision. Emergency status expired August 9, 1995. (3) All amendments and revisions to 29 CFR §1910.266(c), (d)(1)(iii), (d)(1)(iv), (d)(1)(vii), (d)(2)(i), (d)(2)(iii), (d)(5), (d)(6)(iii), (d)(9)(iii), (d)(9)(iv), (e)(2)(iv), (e)(2)(vi), (e)(2)(xiii), (f)(2)(iv), (f)(2)(x), (f)(2)(xi), (f)(3)(i), (f)(3)(ii), (f)(3)(vii), (f)(3)(viii), (f)(7)(i), (f)(7)(ii), (g)(1), (g)(2), (h)(1)(iii), (h)(1)(ix), (h)(2)(i), (h)(2)(vi), (h)(2)(vii), (h)(3), (h)(3)(i), (h)(5)(v), (h)(5)(viii), (h)(6)(ii),(i)(7)(ii),(i)(7)(iii), and Appendix A that appear in the Federal Register on September 8, 1995 (60 FR 47035—47037) are adopted by reference. Effective date: February 12, 1996 (23:3 Md. R. 166) QQ. Mechanical Power Presses. (1) All amendments and revisions to 29 CFR 1910 that appear in the Federal Register on December 3, 1974 (39 FR 41841) and January 27, 1975 (40 FR 3982) are adopted by reference. Effective date: June 11, 1975 (2:13 Md. R. 929) (2) All amendments and revisions to 29 CFR §1910.217 that appear in the Federal Register on February 8, 1980 (45 FR 8593—8594) are adopted by reference. Effective date: November 9, 1981 (8:22 Md. R. 1783) QQ-1. Methylene Chloride. (1) All amendments and revisions to 29 CFR §§1910.19, 1910.1000, 1910.1052, and 1926.1152 that appear in the Federal Register on January 10, 1997 (62 FR 1600—1619) are adopted by reference with the changes indicated at 24:9 Md. R. 667. Effective date: June 30, 1997 (24:13 Md. R. 931) (2) All amendments and revisions to 29 CFR §1910.1052 that appear in the Federal Register on December 18, 1997 (62 FR 66276—66277) are incorporated by reference. Effective date: June 29, 1998 (25:13 Md. R. 993) QQ-2. 4,4'-Methylenedianiline (MDA). (1) All amendments and revisions to 29 CFR §1926.60 and Appendices A—E that appear in the Federal Register on August 10, 1992 (57 FR 35681—35696) are adopted by reference with the changes indicated at 19:22 Md. R. 1994. Effective date: January 2, 1993 (19:26 Md. R. 2286) (2) All amendments and revisions to 29 CFR §1910.1050 and Appendices A—E and related additions and revisions to 29 CFR §1910.19(i) that appear in the Federal Register on August 10, 1992 (57 FR 35666—35681) are adopted by reference with the changes indicated at 19:22 Md. R. 1996. Effective date: January 2, 1993 (19:26 Md. R. 2287) (3) Methylenedianiline (MDA) Standard for Construction. All amendments and revisions to 29 CFR §1926.60 that appear in the Federal Register on December 6, 2004 (69 FR 70373) are adopted by reference. Effective date: August 1, 2005 (32:15 Md. R. 1319) QQ-3. National Consensus Standards. All amendments and revisions to 29 CFR Parts 1910 that appear in the Federal Register on December 14, 2007 (72 FR 71061—71070) are adopted by reference. Effective date: July 17, 2008 (35:14 Md. R. 1246). RR. Noise; Hearing Conservation. (1) All amendments and revisions to 29 CFR §§1910.95(b)(3), 1910.95(c)—(p), and Appendices A—I, that appear in the Federal Register on January 16, 1981 (46 FR 4161) and March 8, 1983 (48 FR 9776—9785) are adopted by reference. Effective date: September 26, 1981 (10:19 Md. R. 1690) (2) All amendments and revisions to 29 CFR §1910.95(c)—(p) and Appendices A—I, that appear in the Federal Register on June 28, 1983 (48 FR 29687) are adopted by reference. Effective date: June 18, 1984 (11:12 Md. R. 1062) SS. Occupational Health and Environmental Matters. All amendments and revisions to 29 CFR §1910.99, Subpart G, that appear in the Federal Register on June 11, 1982 (47 FR 25323) are adopted by reference. Effective date: August 1, 1983 (10:15 Md. R. 1349) SS-1. Personal Protective Equipment for General Industry and Construction. (1) All amendments and revisions to 29 CFR §§1910.132, 1910.133, 1910.136, and 1910.138, including nonmandatory Appendices A and B to Subpart I, that appear in the Federal Register on April 6, 1994 (59 FR 16360—16364) are adopted by reference with the changes indicated at 21:13 Md. R. 1167—1168. Effective date: August 29, 1994 (21:17 Md. R. 1439) (2) All amendments and revisions to 29 CFR §§1910.132, 1910.133, 1910.136, and 1910.138 that appear in the Federal Register on July 1, 1994 (59 FR 33910—33911) are adopted by reference. Effective date: January 2, 1995 (21:26 Md. R. 2186) (3) All amendments and revisions to 29 CFR §§1910.133, 1910.135, and 1910.136 that appear in the Federal Register on May 2, 1996 (61 FR 19548) and May 9, 1996 (61 FR 21228) are adopted by reference. Effective date: October 21, 1996 (23:21 Md. R. 1466) (4) All amendments and revisions to 29 CFR Parts 1910 and 1926, excluding Parts 1915, 1917, and 1918, that appear in the Federal Register on November 15, 2007 (72 FR 64342—64430) are adopted by reference, as amended. Effective date: July 17, 2008 (35:14 Md. R. 1246) (5) All amendments and revisions to 29 CFR Parts 1910 and 1926, excluding Parts 1915, 1917, and 1918, that appear in the Federal Register on December 12, 2008 (73 FR 75568—75589) are adopted by reference, as amended. Effective date: March 7, 2011 (38:5 Md. R. 317) (6) All amendments and revisions to 29 CFR Part 1910, excluding Parts 1915, 1917, and 1918, that appear in the Federal Register on September 9, 2009 (74 FR 46350—46361) are adopted by reference. Effective date: May 2, 2011 (38:9 Md. R. 552) (7) All amendments and revisions to 29 CFR Parts 1910 and 1926, excluding Parts 1915, 1917, and 1918, that appear in the Federal Register on June 22, 2012 (77 FR 37587—37600) are adopted by reference, as amended. Effective date: August 5, 2013 (40:15 Md. R. 1229) SS-2. Powered Industrial Trucks. All amendments and revisions to 29 CFR §1910.178 that appear in the Federal Register on June 2, 2003 (68 FR 32637—32638) are adopted by reference. Effective date: January 5, 2004 (30:26 Md. R. 1913) TT. Powered Industrial Truck Operator Training. All amendments and revisions to 29 CFR §§1910.16; 1910.178, including Appendix A; and 1926.602 that appear in the Federal Register on December 1, 1998 (63 FR 66270—66274) are adopted by reference. Effective date: May 31, 1999 (26:11 Md. R. 854) TT-1. Powered Platforms for Building Maintenance. All amendments and revisions to 29 CFR §1910.66, Subpart F, that appear in the Federal Register on July 28, 1989 (54 FR 31456—31477) are adopted by reference with the changes indicated at 16:23 Md. R. 2507. Effective date: January 22, 1990 (17:1 Md. R. 68) UU. Presence Sensing Device Initiation (PSDI) of Mechanical Power Presses. (1) All amendments and revisions to 29 CFR §1910.211, 29 CFR §1910.217(c)(3)(iii)(b), new paragraph (h), and new Appendices A, B, C, and D, that appear in the Federal Register on March 14, 1988 (53 FR 8352—8365) are adopted by reference with the changes indicated at 15:13 Md. R. 1562. Effective date: August 22, 1988 (15:17 Md. R. 2048) (2) All amendments and revisions to 29 CFR §1910.211 and 29 CFR §1910.217 and Appendices A—D, that appear in the Federal Register on March 14, 1988 (53 FR 8352—8365) are adopted by reference with the changes indicated at 16:23 Md. R. 2509. Effective date: January 22, 1990 (17:1 Md. R. 69) UU-1. Respiratory Protection. (1) All amendments and revisions to 29 CFR §1910.134, together with Appendices A—D; amendments and revisions to 29 CFR §§1910.94, 1910.111, 1910.156, 1910.252, 1910.261, 1910.1001, 1910.1003, 1910.1017, 1910.1018, 1910.1025, 1910.1027, 1910.1028, 1910.1029, 1910.1043, 1910.1044, 1910.1045, 1910.1047, 1910.1048, 1910.1050, 1910.1051, and 1910.1052; 29 CFR 1926.57, 1926.60, 1926.62, 1926.103, 1926.800, 1926.1101, and 1926.1127; and the redesignation of 29 CFR §1910.134 to 29 CFR §1910.139 that appear in the Federal Register on January 8, 1998 (63 FR 1260—1299) are adopted by reference with the change indicated at 25:11 Md. R. 830—833. Effective date: July 27, 1998 (25:15 Md. R. 1190) (2) All amendments and revisions to 29 CFR §§1910.134, 1910.1003, 1910.1025, 1910.1028, 1910.1045, 1910.1048, and 1910.1050, and 29 CFR §1926.1101 that appear in the Federal Register on April 23, 1998 (63 FR 20098—20099) are adopted by reference. Effective date: October 5, 1998 (25:20 Md. R. 1528) (3) The revocation of “Respiratory Protection for M. Tuberculosis”, 29 CFR §1910.139, thereby applying the more protective General Industry Standard in 29 CFR §1910.134, that appears in the Federal Register on December 31, 2003 (68 FR 75776—75780) is adopted by reference. Effective date: July 19, 2004 (31:14 Md. R. 1078) (4) Assigned Protection Factors. All amendments and revisions to 29 CFR Parts 1910 and 1926, excluding Part 1915, that appear in the Federal Register on August 24, 2006 (71 FR 50122—50192) are adopted by reference, as amended. Effective date: April 9, 2007 (34:7 Md. R. 697) UU-2. Roll-Over Protective Structures. All amendments and revisions to 29 CFR 1926 and 1928, specifically §1926.1002; §1926.1003; Appendix A to Subpart W, §1928.51; §1928.52; §1928.53; and Appendix B to Subpart C that appear in the Federal Register on December 29, 2005 (70 FR 76979—77025) are adopted by reference, as amended. Effective date: September 25, 2006 (33:19 Md. R. 1559) UU-3. Signs, Signals, and Barricades. All amendments and revisions to 29 CFR §§1926.200—1926-203 that appear in the Federal Register on September 12, 2002 (67 FR 57722—57736) are adopted by reference. Effective date: January 10, 2003 (30:5 Md. R. 363; 30:7 Md. R. 486) VV. Single-Piece and Multi-Piece Rim Wheels. (1) All amendments and revisions to 29 CFR §1910.177 that appear in the Federal Register on January 29, 1980 (45 FR 6713—6716) are adopted by reference. Effective date: August 22, 1980 (7:17 Md. R. 1671) (2) All amendments and revisions to 29 CFR §1910.177 that appear in the Federal Register on February 3, 1984 (49 FR 4349—4352) are adopted by reference. Effective date: November 5, 1984 (11:22 Md. R. 1898) (3) All amendments and revisions to 29 CFR §1910.177 and Appendix B, that appear in the Federal Register on September 8, 1988 (53 FR 34737) are adopted by reference. Effective date: February 20, 1989 (16:3 Md. R. 342) WW. Stairways and Ladders Used in the Construction Industry. (1) All amendments and revisions to 29 CFR §1926.450 and 1926.452 of Subpart L, §1926.500 and 1926.501 pf Subpart M, and Subpart X, §1926.1050—1926.1060, and Appendix A to Subpart X, that appear in the Federal Register on November 14, 1990 (55 FR 47687—47691); corrections to 29 CFR §§1926.1050, 1926.1051, and 1926.1053 that appear in the Federal Register on January 23, 1991 (56 FR 2585), and 29 CFR §1926.1052 on February 7, 1991 (56 FR 5061) are adopted by reference. Effective date: June 24, 1991 (18:12 Md. R. 1338) (2) All amendments and revisions to 29 CFR §1926.1052(c)(1) and 1926.1053(a)(3) that appear in the Federal Register on August 23, 1991 (56 FR 41793—41794) are adopted by reference. Effective date: December 23, 1991 (18:25 Md. R. 2750) WW-1. Steel Erection; Slip Resistance of Skeletal Structural Steel. All amendments and revisions of 29 CFR 1926, specifically §1926.754 and Appendix B, that appear in the Federal Register on January 18, 2006 (71 FR 2879—2885) are adopted by reference, as amended. Effective date: January 1, 2007 (33:26 Md. R. 1996) XX. Telecommunications (see also A, In General); Telecommunications Training Records. All amendments and revisions to 29 CFR §1910.268(c), that appear in the Federal Register on September 28, 1987 (52 FR 36387) are adopted by reference with the changes indicated at 14:25 Md. R. 2671. Effective date: February 22, 1988 (15:4 Md. R. 471) YY. Underground Construction, Caisson, Cofferdams, and Compressed Air. All amendments and revisions to 29 CFR §1926.800, Subpart S, that appear in the Federal Register on June 2, 1989 (54 FR 23850—23857) are adopted by reference with the changes indicated at 16:23 Md. R. 2508. Effective date: January 22, 1990 (17:1 Md. R. 69) ZZ. Vinyl Chloride (see A, In General, and QQ, Mechanical Power Presses). ZZ-1. Welding, Cutting, and Brazing. (1) All amendments and revisions to 29 CFR §§1910.251—1910.257 that appear in the Federal Register on April 11, 1990 (55 FR 13696—13711) are adopted by reference. Effective date: August 20, 1990 (17:16 Md. R. 1991) (2) All amendments and revisions to 29 CFR §§1910.110, 1910.272, and Appendix A of 1910.272, that appear in the Federal Register on June 20, 1990 (55 FR 25094) are adopted by reference. Effective date: November 12, 1990 (17:22 Md. R. 2655) ZZ-2. Workplace Equipment and Materials — +Safety Testing or Certification. All amendments and revisions to 29 CFR §1910; 29 CFR §1910.7 and Appendix A, Subpart A; 29 CFR §1910.28, Subpart D; 29 CFR §1910.35, Subpart E; 29 CFR §§1910.103, 1910.106—.111, Subpart H; 29 CFR §1910.155, Subpart L; 29 CFR §1910.178, .180, and .181, Subpart N; 29 CFR §1910.251, Subpart Q; 29 CFR §1910.265 and .266, Subpart R; and 29 CFR §1910.399, Subpart S, that appear in the Federal Register on April 12, 1988 (53 FR 12120—12125), together with the technical correction to 29 CFR §1910.7(b)(2)(i) that appears in the Federal Register on May 11, 1988 (53 FR 16838), are adopted by reference. Effective date: September 5, 1988 (15:18 Md. R. 2146) ### Chapter 32 — Heat Stress Standards **Authority:** Labor and Employment Article, §§2-106(b)(5) and 5-1201(b), Annotated Code of Maryland **Administrative History:** Effective date: January 16, 1984 (11:1 Md. R. 43) **Administrative History:** Chapter recodified from COMAR 09.12.32C to 09.12.32 (13:11 Md. R. 1272) **Administrative History:** Chapter revised effective November 28, 1988 (15:24 Md. R. 2768) **Administrative History:** Regulations 01-.16 under 09.12.32 Maryland Occupational Safety and Health Standard for Occupational Exposure to Lead in Construction Work, repealed effective March 28, 1994 (21:6 Md. R. 466) **Administrative History:** New Regulations .01—.10 under Heat Stress Standards adopted effective September 30, 2024 (51:19 Md. R. 854) #### Regulation .01 Purpose. *COMAR 09.12.32.01* The purpose of this chapter is to establish minimum requirements for employers to protect employees from heat-related illness caused by heat stress in the workplace. #### Regulation .02 Scope. *COMAR 09.12.32.02* A. This chapter applies to an employer with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80 degrees Fahrenheit. B. This chapter does not apply to: (1) Emergency operations and essential services as defined in Regulation .03B(4) of this chapter that involve protecting life or property; (2) Incidental exposures when an employee is not required to perform work activities for more than 15 consecutive minutes per hour; or (3) Buildings, structures, and vehicles that have a mechanical ventilation system or fan that maintains the heat index below 80 degrees. #### Regulation .03 Definitions. *COMAR 09.12.32.03* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Acclimatization” means the body's temporary adaptation to work in heat that occurs as a person is exposed over time. (2) “Alternative cooling and control measures” means engineering, work-practice, administrative, or other controls to manage heat, including job rotation, mechanical ventilation systems, misting equipment, cooling vests, air-cooled or water-cooled garments, and access to recreational water. (3) “Drinking water” means potable water that is safe to drink and cool in temperature. (4) “Emergency operations and essential service” means work in connection with an emergency that requires the involvement of law enforcement, emergency medical services, firefighting, rescue and evacuation operations, or emergency restoration of essential utilities or telecommunications. (5) “Heat index” means a measure of how hot it feels when relative humidity is taken into account along with the actual air temperature, which can be extrapolated from temperature and relative humidity using the National Weather Service Heat Index Calculator. (6) “High-heat conditions” means working conditions where the heat index of the work area equals or exceeds 90 degrees Fahrenheit. (7) “Shade or shaded areas” means blockage of direct sunlight. #### Regulation .04 Heat-Related Illness Prevention and Management Plan. *COMAR 09.12.32.04* A. An employer shall monitor the heat index throughout the work shift in areas where employees perform work using one of the following methods: (1) Direct measurement of the temperature and humidity at the same time and location in the areas where employees perform work; (2) Use of local weather data reported by the National Weather Service or other recognized source to determine the heat index; or (3) Use of the National Institute for Occupational Safety and Health’s Heat Safety Tool application to determine the heat index. B. An employer whose employees work in buildings and structures that do not have a mechanical ventilation system shall directly measure the temperature and humidity at the same time and location in areas where employees perform work. C. An employer shall develop, implement, and maintain an effective heat-related illness prevention and management plan in writing. D. The heat-related illness prevention and management plan shall contain the following elements: (1) How sufficient amounts of drinking water will be provided; (2) How employees will be provided sufficient opportunities and encouragement to stay hydrated by drinking water; (3) How to recognize the symptoms of heat-related illness, including heat exhaustion and heat stroke; (4) How to respond to suspected heat-related illness, including heat exhaustion and heat stroke; (5) How employees will be provided with sufficient time and space to rest in shaded or cool, climate-controlled areas to cool off; (6) How the employer will implement rest break schedules as necessary; (7) How the employer will consider environmental conditions, workload, required clothing, personal protective equipment, and alternative cooling and control measures when determining rest break schedules; (8) How employees will be encouraged to take rest breaks as needed to prevent heat-related illness; (9) How employees will be trained on the hazards of heat exposure and the necessary steps to prevent heat-related illness; (10) The use and maintenance of alternative cooling and control measures used to manage heat; (11) Procedures for heat acclimatization in accordance with Regulation .05 of this chapter; (12) Procedures for high-heat conditions in accordance with Regulation .08 of this chapter; and (13) The emergency response plan in accordance with Regulation .09 of this chapter. E. The written plan shall be made available and accessible to: (1) Employees; and (2) MOSH upon request. #### Regulation .05 Acclimatization. *COMAR 09.12.32.05* A. An employer shall provide for acclimatization of exposed employees for a period of up to 14 days: (1) When an employee is newly exposed to heat in the workplace; and (2) When an employee returns to work after 7 or more consecutive days of absence from the workplace. B. An employer shall monitor employees during the acclimatization period for signs of heat-related illness through regular communication via: (1) Phone or radio; (2) A buddy system; or (3) Other effective means of observation. C. An employer shall develop and implement an acclimatization schedule which complies with one of the following: (1) A schedule which gradually increases exposure time over a 5—14 day period, with a maximum 20 percent increase each day; (2) A schedule which uses the current National Institute for Occupational Safety and Health’s recommendations for acclimatization; or (3) A schedule which uses a combination of gradual introduction and alternative cooling and control measures that acclimate an employee to the heat. D. The acclimatization schedule shall be in writing and consider the following elements: (1) Acclimated and unacclimated employees; (2) The environmental conditions and anticipated workload; (3) The impact of required clothing and personal protective equipment to the heat burden on employees; (4) The personal risk factors that put an employee at a higher risk of heat-related illness; (5) Re-acclimatizing employees as necessary, in accordance with §A of this regulation; and (6) The use of alternative cooling and control measures. #### Regulation .06 Shade Access. *COMAR 09.12.32.06* A. Except as provided in §§C and D of this regulation, an employer shall provide shaded areas to exposed employees as close to the work area as practicable. B. Shaded areas shall: (1) Be outside, open, and exposed to air on at least three sides; (2) Prevent contributing heat sources from reducing effectiveness; (3) Be sufficiently sized for the number of employees utilizing the shaded area; (4) Be arranged in a configuration that allows employees to sit in normal posture; and (5) Accommodate the removal and storage of personal protective equipment during periods of use. C. If creating outdoor shade is demonstrably infeasible or unsafe in the work area, the employer shall implement alternative cooling and control measures that provide equivalent protection to shade. D. An employer may provide cooling with an indoor mechanical ventilation system as an alternative to outdoor shade provided that the indoor space satisfies the requirements of §B(2)—(5) of this regulation. #### Regulation .07 Drinking Water. *COMAR 09.12.32.07* A. An employer shall: (1) Provide drinking water at no cost to exposed employees as close to the work area as practicable; and (2) Make available at least 32 ounces of drinking water per hour to each exposed employee per work day. B. An employer is not required to provide the entire drinking water supply at the beginning of an employee’s shift but shall make drinking water available at all times while work is being performed. #### Regulation .08 High-Heat Procedures. *COMAR 09.12.32.08* A. An employer shall implement high-heat procedures when the heat index reaches or exceeds 90 degrees Fahrenheit in the area where the work is being performed. B. The high-heat procedures shall include a work and rest schedule to protect employees from heat-related illness that is adjusted for environmental conditions, workload, and impact of required clothing or personal protective equipment. C. Except as provided in §D of this regulation, the high-heat procedures shall include: (1) Both: (a) A minimum rest period of 10 minutes for every 2 hours worked where employees are exposed to a heat index above 90 and below 100 degrees Fahrenheit; and (b) A minimum rest period of 15 minutes for every hour worked where employees are exposed to a heat index above 100 degrees Fahrenheit; or (2) A rest period as provided for in the current National Institute for Occupational Safety and Health recommendations for work and rest schedules to manage heat exposures. D. If an employer can demonstrate effective heat management and protection from heat-related illness through alternative cooling and control measures, the work and rest schedules set forth in §C of this regulation may not be required. E. If an employer utilizes alternative cooling and control measures under §D of this regulation, the measures: (1) Shall be readily available and accessible to employees at all times work is being performed; (2) Shall be documented in writing; and (3) May not supersede any other requirements of this chapter. F. An employer may coincide rest periods with a scheduled rest or meal period. G. Rest periods shall be taken in the shade in accordance with Regulation .06 of this chapter. H. An employer may not discourage employees from taking rest breaks as needed to prevent heat-related illness. I. When high-heat procedures are in effect, an employer shall monitor exposed employees for signs of heat-related illness with regular communication via: (1) Phone or radio; (2) A buddy system; or (3) Other effective means of observation. J. An employer shall make high-heat procedures available in writing in a language and manner that all employees can understand. #### Regulation .09 Emergency Response. *COMAR 09.12.32.09* An employer shall implement an emergency response plan that includes procedures for:\ A. Ensuring effective and accessible means of communication at all times at the worksite to enable an employee to contact a supervisor or emergency medical services; B. Responding to signs and symptoms of possible heat-related illness in employees; C. Monitoring and providing care to employees who are exhibiting symptoms of heat-related illness; and D. Contacting emergency medical services and, if necessary, transporting employees to a location accessible to emergency medical services. #### Regulation .10 Training. *COMAR 09.12.32.10* A. An employer shall: (1) Provide initial heat stress training to employees and supervisors covered by this chapter prior to an employee’s first exposure to heat; (2) Re-train employees and supervisors at least: (a) Annually prior to exposure; and (b) Immediately following any incident at the worksite involving a suspected or confirmed heat-related illness; (3) Present training in a language and manner that all employees and supervisors can understand; (4) Ensure that training includes at least: (a) The work and environmental conditions that affect heat-related illness; (b) The personal risk factors that affect heat-related illness; (c) The concept, importance, and methods of acclimatization; (d) The importance of frequent consumption of water and rest breaks in preventing heat-related illness; (e) The types of heat-related illness, signs and symptoms of heat-related illness, and the appropriate first aid and emergency response measures; (f) The importance of and procedures for employees immediately reporting to the employer signs and symptoms of heat-related illness; and (g) The employer’s procedures and the requirements for complying with this chapter; and (5) maintain training records for one year from the date on which the training occurred. B. The training records required by this regulation shall include: (1) The names of the persons trained; (2) The dates of the training sessions; and (3) A summary or outline of the content of the training sessions. C. The training records shall be made available to MOSH upon request. ### Chapter 33 — Maryland Occupational Safety and Health Regulations for Access to Information about Hazardous and Toxic Substances **Authority:** Labor and Employment Article, §§2-106(b)(4) and 5-312, Annotated Code of Maryland **Administrative History:** Effective date: November 25, 1985 (12:17 Md. R. 1705) **Administrative History:** Regulation .01 amended effective November 27, 1989 (16:23 Md. R. 2505) **Administrative History:** Regulation .02A amended effective November 27, 1989 (16:23 Md. R. 2505) **Administrative History:** Regulation .03C, D amended effective November 27, 1989 (16:23 Md. R. 2505) **Administrative History:** Regulation .04 amended effective November 27, 1989 (16:23 Md. R. 2505) **Administrative History:** Regulations .01—.05 repealed, new Regulation .01 adopted, and Regulation .06 recodified to be Regulation .02 effective December 24, 1990 (17:25 Md. R. 2907) #### Regulation .01 Purpose. *COMAR 09.12.33.01* The requirements in this chapter supplement the provisions of Labor and Employment Article, § 5-401--5-410, Annotated Code of Maryland. #### Regulation .02 Chemical Information List. *COMAR 09.12.33.02* A. The employer compiling a chemical information list shall ensure that: (1) The complete name and business address of the employer submitting the list, the name and telephone number of a contact person, and the date of preparation or revision is noted on the first page of the list; (2) Either the chemical or common name on the list is the identity shown on the MSDS and label; (3) When a chemical is added to the list, the date of addition appears next to the addition. B. If symbols, letters, or numbers are used to identify work areas, the employer shall also provide a key, map, or other descriptive identification. C. The employer shall, upon request, assure the immediate access of the Commissioner of Labor and Industry to the chemical information list. ### Chapter 34 — *Repealed* **Administrative History:** Effective date: January 19, 1977 (4:2 Md. R. 87) **Administrative History:** Chapter recodified from COMAR 09.12.32A to 09.12.34 (13:11 Md. R. 1272) **Administrative History:** Chapter revised effective October 17, 1988 (15:21 Md. R. 2468) **Administrative History:** Chapter repealed effective July 5, 1993 (20:13 Md. R. 1048) ### Chapter 35 — Maryland Occupational Safety and Health Standard for Confined Spaces *Repealed* **Administrative History:** Effective date: June 2, 1978 (5:11 Md. R. 883) **Administrative History:** Chapter recodified from COMAR 09.12.32B to 09.12.35 (13:11 Md. R. 1272) **Administrative History:** Chapter revised effective November 28, 1988 (15:24 Md. R. 2769) **Administrative History:** Regulation .01A amended effective July 5, 1993 (20:13 Md. R. 1048) **Administrative History:** Regulations .01—.05 repealed effective January 2, 2017 (43:26 Md. R. 1444) ### Chapter 36 — Maryland Occupational Safety and Health Standard for Field Sanitation **Authority:** Labor and Employment Article, §§2-106(b)(4) and 5-312, Annotated Code of Maryland **Administrative History:** Effective date: December 1, 1986 (13:24 Md. R. 2558) **Administrative History:** Regulation .02B amended effective October 15, 1988 (15:17 Md. R. 2048) **Administrative History:** Regulation .03C amended effective October 15, 1988 (15:17 Md. R. 2048) **Administrative History:** Regulation .03D amended effective October 15, 1988 (15:17 Md. R. 2048) **Administrative History:** Regulation .03F adopted effective October 15, 1988 (15:17 Md. R. 2048) #### Regulation .01 Scope. *COMAR 09.12.36.01* This chapter applies to any agricultural establishment where employees perform hand-labor operations in the field. #### Regulation .02 Definitions. *COMAR 09.12.36.02* A. The following terms have the meanings indicated. B. Terms Defined. (1) “Agricultural employer” means any person, corporation, association, or other legal entity that: (a) Owns or operates an agricultural establishment; (b) Contracts with the owner or operator of an agricultural establishment in advance of production for the purchase of a crop and exercises substantial control over production; or (c) Recruits and supervises employees or is responsible for the management and condition of an agricultural establishment. (2) “Agricultural establishment” means any business operation which uses paid employees in the production of food, fiber, materials such as seed, seedlings, and plants, or other agricultural or horticultural commodities. (3) “Employee” means an employee as defined in Labor and Employment Article, §5-101(c), Annotated Code of Maryland, and includes any person engaged in hand-labor operations in the field. (4) Hand-Labor Operations. “Hand-labor operations”: (a) Means agricultural activities or operations performed by hand or with hand tools, including the: (i) Harvest of vegetables, nuts, and fruit, (ii) Weeding of crops, (iii) Planting of seedlings, and (iv) Except for the purposes of Regulation .03C(5)(a), other activities or operations performed in conjunction with hand-labor in the field; (b) Does not include: (i) Activities such as logging operations and the care or feeding of livestock, or (ii) Hand-labor operations in permanent structures including poultry operations, canning facilities, or packing houses. (5) “Handwashing facility” means a facility consisting of a basin, container, or outlet, and an adequate supply of potable water, soap, and single-use towels. (6) “Potable water” means water that meets the quality standards for drinking purposes prescribed by the State or local authority having jurisdiction, or the U.S. Environmental Protection Agency's National Interim Primary Drinking Water Regulations, 40 CFR Part 141, here incorporated by reference. (7) Toilet Facility. “Toilet facility”: (a) Means either a fixed, portable, or transportable facility designed for the purpose of defecation and urination; and (b) May include biological or chemical toilets, combustion toilets, or sanitary privies, when allowed by the Maryland Department of Health. #### Regulation .03 Requirements. *COMAR 09.12.36.03* A. Agricultural employers shall provide potable drinking water and toilet and handwashing facilities in accordance with this standard for employees engaged in hand-labor operations in the field, without cost to the employee. B. Potable Drinking Water. (1) The agricultural employer shall provide potable drinking water in locations readily accessible to all employees. (2) The agricultural employer, taking into account the air temperature, humidity, and the nature of the work performed, shall ensure that the water is suitably cool and in sufficient amounts to meet the needs of employees. (3) Dispensing. (a) Common drinking cups or dippers may not be used. (b) The water shall be dispensed in single use drinking cups or by fountains. C. Toilet and Handwashing Facilities. (1) The requirements in this section apply to agricultural establishments where 11 or more employees perform hand-labor operations in the field on any given day. (2) Toilet and handwashing facilities are not required for employees who perform field work for a period of 3 hours or less during the day, including transportation time to and from the field. (3) Ratio. (a) One toilet facility and one handwashing facility shall be provided for each 20 employees or fraction of that amount. (b) The ratio of toilet facilities to employees may be increased to one facility for every 30 employees when the frequency of servicing is increased to ensure that the facility is maintained in a clean and sanitary condition. (4) Toilet facilities shall: (a) Be constructed to ensure privacy; (b) Have self-closing doors which can be closed and latched from the inside; (c) Be supplied with toilet paper adequate to meet employee needs; (d) Be adequately ventilated; and (e) Appropriately screened. (5) Location. (a) Toilet and handwashing facilities shall be: (i) Accessibly located; and (ii) Within 1/4 mile of each employee's place of work in the field. (b) When it is not feasible to locate facilities accessibly and within the required distance due to the terrain, the facilities shall be located at the point of closest vehicular access. D. Maintenance. Potable drinking water and toilet and handwashing facilities shall be maintained in accordance with appropriate public health sanitation practices, including the following: (1) Drinking water containers shall be: (a) Constructed of materials that maintain water quality, (b) Kept covered, and (c) Refilled daily or more often as necessary; (2) Toilet facilities shall be operational and maintained in a clean and sanitary condition; (3) Handwashing facilities shall be maintained in a clean and sanitary condition; and (4) Disposal of wastes from facilities may not cause unsanitary conditions. E. Reasonable Use. Employees shall be allowed reasonable opportunities during the workday to use the facilities. F. Informational Program. To minimize exposure to hazards of heat, communicable diseases, retention of urine, and agrichemical residues, the employer shall inform each employee of the importance of each of the following good hygiene practices: (1) Use the water provided for drinking and handwashing; (2) Use the toilet for elimination; (3) Drink water frequently and especially on hot days; (4) Urinate as frequently as necessary; and (5) Wash hands: (a) Both before and after using the toilet, (b) Before eating and smoking. ### Chapter 37 — *VACANT* ### Chapter 38 — General Industry Standard for Personnel Platforms Suspended from Cranes, Derricks, and Hoists **Authority:** Labor and Employment Article, §§2-106(b)(4) and 5-312, Annotated Code of Maryland **Administrative History:** Effective date: May 14, 1990 (17:9 Md. R. 1089) #### Regulation .01 Scope. *COMAR 09.12.38.01* This chapter applies to the design, construction, testing, use, and maintenance of personnel platforms, and the hoisting of personnel platforms on the load lines of cranes, derricks, and hoists. #### Regulation .02 Definitions. *COMAR 09.12.38.02* A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “Competent designated person” means a knowledgeable person approved or assigned by the employer who has the authority to take prompt corrective measures to eliminate identified existing or predictable hazards in the surroundings, working conditions, or equipment which may be dangerous to employees. (2) Crane. (a) “Crane” means a machine driven manually or by power for lifting and lowering a load and moving it horizontally, with the hoisting mechanism an integral part of the machine. (b) “Crane” also includes derricks. (3) “Failure” means load refusal, breakage, or separation of components. (4) “Hoist” means a device used to lift or lower a load. (5) “Hoisting” or “to hoist” means all crane or derrick functions, such as lowering, lifting, swinging, booming in and out or up and down, or suspending a personnel platform. (6) “Jib” means a structural extension added to the boom tip for the purpose of handling loads at higher elevations than they would otherwise be handled by the main boom. (7) “Live boom” means a boom in which lowering is controlled by a brake without aid from other devices which slow the lowering speeds. (8) “Load refusal” means the point where the ultimate strength is exceeded. (9) “Main boom” means the structural component as designed by the manufacturer which enables cranes or derricks to handle loads at various radii. (10) “Maximum intended load” means the total load of all employees, tools, and materials reasonably anticipated to be applied to a personnel platform or personnel platform component at any one time. (11) “Qualified” means one who, by possession of a recognized degree, certificate, or professional standing, has successfully demonstrated their ability to design mechanical or structural objects. #### Regulation .03 Restricted Use. *COMAR 09.12.38.03* A. Except when the erection, use, and dismantling of conventional means of reaching the worksite, such as a personnel hoist, ladder, stairway, aerial lift, elevating work platform, or scaffold either would be more hazardous, or is not possible because of structural design or worksite conditions, the use of a crane, derrick, or hoist to hoist employees on a personnel platform is prohibited. B. When used, a personnel platform shall meet the applicable requirements of this chapter. #### Regulation .04 Operational Criteria. *COMAR 09.12.38.04* A. Free fall is prohibited. B. The use of machines having live booms is prohibited. C. A jib, boom extension, or similar attachment may not be used to hoist a personnel platform. D. Except where the electrical distribution, transmission, and service lines have been deenergized and visibly grounded at the point of work or where insulating barriers not a part of or an attachment to the cranes and hoists have been erected to prevent physical contact with the lines, cranes and hoists shall be operated proximate to, under, over, by, or near powerlines only in accordance with the following: (1) For a line rated 50 kilovolts or below, the minimum clearance between the line and any part of the crane, hoist, or load shall be 10 feet; (2) For a line rated over 50 kilovolts, the minimum clearance between the line and any part of the crane, hoist, or load shall be either 10 feet plus 0.4 inch for each 1.0 kilovolt over 50 kilovolts or twice the length of the line insulator, but never less than 10 feet. E. Hoisting of the personnel platform shall be performed in a slow, controlled, cautious manner with no sudden movements of the crane, hoist, or the platform. F. Load lines shall be capable of supporting, without failure, at least double the current safety factor for the specific type of crane being used by applying the 50 percent derating of the crane and hoist capacity. G. Load and boom hoist drum brakes, swing brakes, and locking devices, such as pawls or dogs, shall be engaged when the occupied personnel platform is in a stationary working position. H. Mobile cranes shall comply with the following: (1) Only the main boom shall be used to hoist a personnel platform; (2) The crane shall be uniformly level within 1 percent of level grade and located on firm footing; (3) All pneumatic tired cranes used to lift or lower personnel platforms shall be equipped with outriggers or stabilizers; (4) All outriggers or stabilizers, or both, shall be fully extended and set; (5) Carrier wheels within the boundary of the outriggers shall be relieved of their weight; (6) On a crawler crane, the track shall be fully extended. I. The total weight of the loaded personnel platform and related rigging may not exceed 50 percent of the rated capacity for the radius and configuration of the crane. #### Regulation .05 Instruments and Components. *COMAR 09.12.38.05* A. A crane with variable angle booms shall be equipped with a boom angle indicator, readily visible to the operator. B. A crane with telescoping booms shall be marked or equipped with a device to indicate clearly to the operator at all times the boom's extended length. C. Except for an electric crane, the load line hoist drum shall have a system or device on the power train, other than the load hoist brake, that: (1) Regulates the lowering rate of speed of the hoist mechanism; and (2) Prevents free fall. D. An electrical crane shall meet the requirements of 29 CFR §1910.179(f)(1), (2), and (3)(ii). E. Damage Prevention Device. A crane and hoist shall be equipped with a: (1) Positive acting device, such as anti-two block, which prevents contact between the load block or overhaul ball and the boom tip; or (2) System, such as a two block damage prevention feature, which deactivates the hoisting action before damage may occur to the load block, overhaul ball, or boom tip. #### Regulation .06 Personnel Platforms. *COMAR 09.12.38.06* A. Design Criteria. (1) A personnel platform and suspension system shall be designed by a qualified engineer or a qualified person competent in structural design. (2) Before a rigid suspension system is used with a personnel platform, the suspension system shall be approved by a qualified engineer. (3) The suspension system shall be designed to minimize tipping of the platform due to movement of employees occupying the platform. (4) The personnel platform shall be capable of supporting, without failure, its own weight and at least five times the maximum intended load. B. Platform Specifications. (1) Each personnel platform shall be equipped with a fall protection guardrail system which meets the requirements of 29 CFR §1910.23(e), and shall be enclosed at least from the toeboard to midrail with either solid construction or expanded metal, having openings no greater than 1/2 inch (1.27 centimeters). (2) A grab rail shall be installed inside the entire perimeter of the personnel platform. (3) A point of attachment for a lanyard shall be: (a) Provided for each employee occupying the platform; and (b) Appropriate for the hardware of the particular lanyard being used. (4) Access gates, if installed, may not swing outward. (5) Access gates, including sliding or folding gates, shall be equipped with a restraining device to prevent accidental opening. (6) Headroom shall be provided which allows employees to stand upright in the platform. (7) Except over water, when employees are exposed to falling objects, in addition to the use of head protection, employees shall be protected by an overhead structure on the personnel platform. (8) All rough edges exposed to contact by employees shall be surfaced or smoothed in order to prevent injury to employees from punctures or lacerations. (9) All welding of the personnel platform and its components shall be performed by a qualified welder familiar with the weld grades, types, and material specified in the platform design. (10) Identification Plate. (a) The personnel platform shall be conspicuously posted with a plate or other permanent marking which indicates the following: (i) Occupancy is limited to four persons; (ii) Weight of the platform; (iii) Rated load capacity or maximum intended load; and (iv) Platform identifying number. (b) The identification plate or marking shall remain legible. C. Safety Belts, Lifelines, and Lanyards. (1) A lifeline, safety belt, and lanyard shall be used only for employee safeguarding. (2) A lifeline, safety belt, or lanyard subjected to impact as a result of a full restraint of an employee's weight during a fall: (a) Shall be immediately removed from service; and (b) May not be used again for employee safeguarding. (3) A lifeline or lanyard attached to a safety belt shall be secured to a structural member capable of supplying a sufficient safety factor of 5,400 pounds per person secured to that structural member. (4) Safety Belt Lanyard. (a) A safety belt lanyard shall be a minimum of 1/2 inch diameter nylon, or equivalent, with a maximum length to provide for a fall of no greater than 6 feet. (b) The lanyard shall have a nominal breaking strength of 5,400 pounds. (5) Safety Belt and Lanyard Hardware. (a) All safety belt and lanyard hardware shall be drop-forged or pressed steel, and cadmium plated in a commercially accepted manner. (b) Surfaces shall be smooth and free of sharp edges. (c) All safety belt and lanyard hardware, except rivets, shall be capable of withstanding a tensile loading of 4,000 pounds without cracking, breaking, or becoming permanently deformed. (d) A lanyard hook shall be: (i) Of a self-closing design; and (ii) Used only in accordance with manufacturer specifications. D. Personnel Platform Loading. (1) The personnel platform may not be loaded in excess of its rated load capacity. (2) When a personnel platform does not have a rated load capacity, then the personnel platform may not be loaded in excess of its maximum intended load. (3) The number of persons occupying the personnel platform shall be limited to: (a) The number of employees required for the work being performed; and (b) A maximum of four persons. (4) A personnel platform: (a) Shall be used only to move or transport the employees, tools, and materials necessary to perform the work; and (b) When not hoisting employees, may not be used to hoist materials or tools. (5) Personnel Lift. (a) Before a personnel lift, materials and tools shall be: (i) Evenly distributed within the confines of the platform to ensure the platform remains level while suspended; and (ii) Secured to prevent displacement. (b) During a personnel lift, materials and tools shall remain secured. #### Regulation .07 Rigging. *COMAR 09.12.38.07* A. When a wire rope bridle is used to connect the personnel platform to the load line, each bridle leg shall be connected to a master link or shackle in such a manner to ensure that the load is evenly divided among the bridle legs. B. A hook on an overhaul ball assembly, a lower load block, or other attachment assembly shall be: (1) Of a type that can be closed and locked, eliminating the hook throat opening; or (2) A forged steel anchor type shackle with either a forged alloy steel bolt with nut and retaining clip, or a forged alloy steel pin with retaining clip. C. Wire rope, shackles, rings, master links, and other rigging hardware shall be capable of supporting, without failure, at least five times the maximum intended load applied or transmitted to that component. D. When rotation resistant rope is used, the slings shall be capable of supporting, without failure, at least ten times the maximum intended load. E. An eye in a wire rope sling shall be fabricated with thimbles. F. A bridle and associated rigging for attaching the personnel platform to the hoist line: (1) Shall be used only for the platform and the necessary employees, their tools, and the materials necessary for them to perform their work; and (2) When not hoisting personnel, may not be used for any other purpose. #### Regulation .08 Trial Lift. *COMAR 09.12.38.08* A. Mobile Cranes. (1) A trial lift with the unoccupied personnel platform loaded at least to the weight of the maximum intended load shall be: (a) Made from ground level, or any other location where employees will enter the platform, to each location to which the personnel platform will be hoisted and positioned; and (b) Performed immediately before placing employees on the platform. (2) A trial lift may be performed at one time for all locations that are to be reached from a single set up position. (3) When the crane or derrick is moved and set up in a new location or returned to a previously used location, a trial lift shall be repeated before hoisting employees. B. Fixed-Track Mounted Cranes. (1) A trial lift with the unoccupied personnel platform loaded at least to the weight of the maximum intended load shall be: (a) Made from ground level or any other location where employees will enter the platform, to the location at which the personnel platform will be hoisted and positioned once along the route of the track; and (b) Performed during each shift when employees will be lifted, immediately before the first lift. (2) A trial lift may be performed at one time for all locations that are to be reached from a single set up position. C. Fixed Cranes and Hoists. A trial lift with the unoccupied personnel platform loaded at least to the weight of the maximum intended load shall be: (1) Made from ground level at each location at which the personnel platform is to be hoisted and positioned; and (2) Performed during each shift, immediately before the first lift. D. Operator Requirements. For each trial lift performed under §§A, B, and C of this regulation, the employer shall ensure that the operator determines that: (1) All systems, controls, and safety devices are activated and functioning properly; (2) No interferences exist; and (3) All configurations necessary to reach each work location will allow the operator to remain under the 50 percent limit of the rated capacity of the crane or hoist, as provided in Regulation .04F of this chapter. E. Materials and tools to be used during the actual lift may be loaded in the platform as provided, in Regulation .06D(5) of this chapter, for the trial lift. F. Inspections. (1) Before each personnel lift, the platform, with maximum intended load, shall be hoisted a few inches and inspected to ensure that it is secure and properly balanced. (2) Before an employee is hoisted, the employer shall ensure that: (a) Hoist ropes shall be free of kinks; (b) Multiple part lines may not be twisted around each other; (c) The primary attachment shall be centered over the platform; and (d) If the load rope is slack, the hoisting system is inspected to ensure all ropes are properly seated on drums and in sheaves. (3) Visual Inspection. (a) Immediately after the trial lift, a visual inspection of the crane, hoist, rigging, personnel platform, and the base support or ground shall be conducted by a competent designated person to determine whether the testing has exposed any defect or produced any adverse effect upon any component or structure. (b) The inspection shall include, but not be limited to, all wire rope, hooks, brakes, the boom, safety devices, and other mechanical, structural, and rigging equipment. (4) Any defect found during the trial lift or inspection which creates a safety hazard shall be corrected before hoisting personnel. #### Regulation .09 Prooftesting of Platform and Rigging. *COMAR 09.12.38.09* A. An employer may not hoist employees on a personnel platform until the following prooftesting requirements are satisfied. B. The platform and rigging shall be prooftested to 125 percent of the platform's rated capacity. C. Prooftesting shall be performed by holding the platform in a suspended position for 5 minutes with the test load evenly distributed on the platform. D. After prooftesting: (1) A competent designated person shall inspect the platform and rigging; and (2) If any deficiency is found, then before employees are hoisted: (a) It shall be corrected, and (b) Another prooftest shall be conducted. E. The platform and rigging shall be prooftested: (1) Before the first use to lift personnel; (2) Annually after that; and (3) After any repair or modification. F. The prooftesting may be performed concurrently with any trial lift conducted at a time set forth in Regulation .08A, B, or C of this chapter. #### Regulation .10 Certification Record. *COMAR 09.12.38.10* A. The employer shall prepare a certification record which includes: (1) The date the personnel platform items were inspected; (2) The signature of the person who inspected the personnel platform items; (3) A serial number, or other identifier, for the personnel platform inspected; and (4) The date of the prooftest. B. The most recent certification record shall be maintained on file until a new one is prepared. #### Regulation .11 Work Practices. *COMAR 09.12.38.11* A. Except for an occupant of the platform performing the duties of a signal person, employees shall keep all parts of the body inside the platform during raising, lowering, and positioning. B. When employees are to exit or enter a hoisted personnel platform that is not landed, the platform shall first be secured to the structure where access or egress is to take place, unless securing to the structure creates an unsafe situation. C. When employees work from the platform, the platform may not be secured to any structure other than the crane, derrick, or hoist. D. Tag lines shall be used unless their use creates an unsafe condition. E. The crane operator shall remain at the controls at all times when the platform is occupied. F. The hoisting of employees shall be promptly discontinued upon indication of any weather condition or other impending condition which could adversely affect the safe hoisting of personnel on a platform. G. Except as noted in §H, of this regulation, employees being hoisted shall remain in continuous sight of, and in direct communication with, the operator or signal person. H. When direct visual contact with the operator is not possible and the use of a signal person would create a greater hazard for that person, direct communication alone, such as a two-way radio system, may be used. I. Except over water, employees occupying the personnel platform shall use a body belt/harness system with lanyard appropriately attached to the lower load block or overhaul ball, or to a structural member within the personnel platform capable of sustaining a fall impact. J. While personnel are suspended on a platform, a lift may not be made on any other loadline of the crane or hoist. K. An employee shall be permitted to stand on or to work from only the floor of the platform. L. Head protection shall be worn by all employees while using personnel platforms. M. When employees are working over or adjacent to water, an employer shall comply with the following requirements: (1) Totally enclosed personnel platforms or platforms with overhead structures are prohibited; (2) Personal flotation devices: (a) Coast Guard approved personal flotation devices shall be: (i) Provided by the employer, and (ii) Worn by all employees while using the personnel platform; (b) Before and after each use, personal flotation devices shall be inspected for defects which would alter their strength or buoyancy; (c) A defective personal flotation device may not be used; (3) Ring buoys: (a) Ring buoys with at least 90 feet of line shall be provided and readily available for emergency rescue operations; (b) The distance between ring buoys and the work being performed may not exceed 200 feet; (4) At least one lifesaving skiff shall be immediately available. #### Regulation .12 Traveling. *COMAR 09.12.38.12* A. Except for a crane which travels on a fixed track, while a crane is traveling it may not be used to hoist an employee. B. When using a crane that travels on a fixed track, an employer may hoist employees on a personnel platform while the crane is traveling, upon implementing the following procedures to safeguard employees: (1) The boom shall be parallel to the direction of travel; (2) A complete trial run to test the route of travel: (a) Shall be performed before employees are allowed to occupy the platform, and (b) May be performed at the time of the trial lift required by Regulation .08 of this chapter. #### Regulation .13 Prelift Meeting. *COMAR 09.12.38.13* A prelift meeting shall be: A. Held to review the appropriate requirements of this chapter and the procedures to be followed; B. Held before each trial lift; C. Repeated for any employee newly assigned to the operation; and D. Attended by the crane or hoist operator, signal person, employee or employees to be lifted, and the person responsible for the task to be performed. ### Chapter 39 — Lien for Unpaid Wages **Authority:** Labor and Employment Article, §3-1110, Annotated Code of Maryland **Administrative History:** Effective date: July 7, 2014 (41:13 Md. R. 751) #### Regulation .01 Definitions. *COMAR 09.12.39.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Employer Complaint to Dispute Lien for Unpaid Wages” means the complaint filed by an employer in circuit court to dispute a Notice to Employer of Intent to Claim Lien for Unpaid Wages. (2) “Notice to Employer of Intent to Claim Lien for Unpaid Wages” means the written form or comparable notice that an employee serves on an employer stating the employee’s intent to claim a lien for unpaid wages. (3) “Wage Lien Statement” means the form that may be recorded by an employee after a lien for unpaid wages has been established pursuant to Labor and Employment Article, §3-1104, Annotated Code of Maryland. #### Regulation .02 Notice of Claim for Unpaid Wages. *COMAR 09.12.39.02* A. An employee shall serve his or her employer with a Notice to Employer of Intent to Claim Lien for Unpaid Wages on a form that contains the information specified in §B of this regulation, a sample of which may be found on the Department’s website. B. The form shall include the following: (1) The name and address of the individual seeking a lien; (2) The name of the business or individual for whom the employee performed work; (3) The dates of employment; (4) The dates for which wages are due but were not paid; (5) The basis for the claim that wages were due but were not paid; (6) The monetary amount of the lien sought; (7) The real or personal property, or both, against which the lien is sought along with a description adequate to identify the property, name of owner, and location; and (8) Notice to the employer of their right to dispute the lien by filing a complaint within 30 days of receipt of the notice. C. An employee shall serve the employer by: (1) Delivering personally a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages to the employer; (2) Leaving a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages at the employer’s home or place of dwelling with a resident of suitable age and discretion; or (3) Mailing a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages to the employer by certified mail requesting, “Restricted Delivery—Show to whom, date, and address of delivery”. #### Regulation .03 Employer Complaint to Dispute Notice to Employer of Intent to Claim Lien for Unpaid Wages. *COMAR 09.12.39.03* A. An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where the property of the employer is located. B. The complaint disputing a lien for unpaid wages shall include the following: (1) The date that the employee served the Notice to Employer of Intent to Claim Lien for Unpaid Wages on the employer; (2) An explanation of why the wages claimed by the employee are not due and owing by the employer; (3) A description of supporting documents with the supporting documents attached; and (4) A certificate of service reflecting service upon the employee. #### Regulation .04 Wage Lien Statement. *COMAR 09.12.39.04* A Wage Lien Statement shall include the following: A. A description of the property; B. The name of the property owner; C. The monetary amount of the lien; D. A copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages and proof of service of the notice; and E. A copy of a court order establishing the lien for unpaid wages if the lien for unpaid wages is established in a court. #### Regulation .05 Recording Lien. *COMAR 09.12.39.05* If an employer does not dispute a Notice to Employer of Intent to Claim Lien for Unpaid Wages or if a court orders the establishment of a lien, an employee may record the Wage Lien Statement together with proof of service. ### Chapter 40 — Workplace Fraud **Authority:** Labor and Employment Article, §§3-903(d), 3-904, 3-914, and 3-917, Annotated Code of Maryland **Administrative History:** Effective date: November 2, 2009 (36:22 Md. R. 1723) **Administrative History:** Regulation .05 adopted effective February 22, 2010 (37:4 Md. R. 340) **Administrative History:** Regulation .06 adopted effective February 22, 2010 (37:4 Md. R. 340) #### Regulation .01 Scope. *COMAR 09.12.40.01* This chapter applies to construction services and landscaping services. #### Regulation .02 Notice. *COMAR 09.12.40.02* A. If an employer contracts with an individual and classifies that individual as an independent contractor or an exempt person, the employer shall complete the information required by §A(9) of this regulation and provide the individual with a “Notice to Independent Contractors and Exempt Persons” that contains the following information: (1) Notification to the individual that they have been hired as an independent contractor or exempt person; (2) A statement by the employer that the independent contractor will perform the work according to their own means and methods, free from control of the employer in all details connected with the performance of the work, except as to its product and result; (3) Notification that the individual's classification as an independent contractor or exempt person means the individual will be responsible for all tax obligations, including, but not limited to, the filing of business or self-employment income tax returns with the U.S. Internal Revenue Service; (4) Notification that the individual's classification as an independent contractor or exempt person means that they are not eligible for protection under protective laws, including, but not limited to, employment discrimination and anti-retaliation laws, occupational safety and health laws, living wage and prevailing wage laws, and wage and hour laws; (5) Notification that, if the independent contractor or exempt person hires employees to perform work, the independent contractor or exempt person is responsible as an employer for all tax, unemployment insurance, workers' compensation insurance, and labor and employment law obligations on behalf of those employees; (6) Notification that the independent contractor or exempt person is obligated to provide a “Notice to Independent Contractors and Exempt Persons” for independent contractors or exempt person with whom they contract; (7) Notification that the individual is required to provide copies of any licenses or registrations issued to the individual related to the work to be performed to the employer; (8) The name, address, telephone number and email address of the Commissioner of Labor and Industry if the individual has any questions; and (9) A detailed statement of the work to be performed by the independent contractor or exempt person or the appropriate provisions of the contract between the parties, which shall be attached to the notice. B. An employer shall use the Commissioner's “Notice to Independent Contractors and Exempt Persons”, which is available for download on the Maryland Department of Labor's website. C. An employer shall post the Commissioner's “Notice to Independent Contractors and Exempt Persons” in English and Spanish in a conspicuous location at places where notices to employees are normally posted at each job site and at the office of the employer. D. An employer shall retain proof that the independent contractor or exempt person was provided a copy of the “Notice to Independent Contractors and Exempt Persons” with an acknowledgement signed by the individual. #### Regulation .03 Record Keeping. *COMAR 09.12.40.03* A. For each independent contractor and exempt person hired, an employer shall retain the following records at the work site or at its place of business: (1) A statement with a description of the employer's usual course of business or a fully executed copy of the contract between the employer and the independent contractor or exempt person; (2) Acknowledgement forms signed by the independent contractor and exempt person; and (3) Licenses or registrations provided by an individual classified as an independent contractor or exempt person. B. An employer shall retain each record for 3 years. #### Regulation .04 Evidence of a Knowing Violation. *COMAR 09.12.40.04* A. The Commissioner may consider evidence, as provided in §B of this regulation, that an employer knowingly failed to properly classify an employee. B. The evidence shall include the following: (1) Any previous violation of the Workplace Fraud Act or a violation of any other state or federal law that involves similar issues related to the classification of employees; (2) Refusal or failure of the employer to produce records requested pursuant to Labor and Employment Article, §3-905(d)(1), Annotated Code of Maryland; (3) Refusal or failure of the employer to cooperate with an investigation authorized under Labor and Employment Article, §3-905, Annotated Code of Maryland; (4) Evidence that the employer classifies differently individuals who perform substantially the same tasks, allowing for the business model described in Labor and Employment Article, §3-903(c)(3), Annotated Code of Maryland; and (5) Any other credible evidence of the employer's actual knowledge of, deliberate ignorance of, or reckless disregard for whether or not the worker is misclassified. #### Regulation .05 Landscaping Illustrations. *COMAR 09.12.40.05* A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law. B. The illustrations in §§C—E of this regulation, provide guidance for the landscaping services industry in the application of Labor and Employment Article, §3-903(c), Annotated Code of Maryland. C. The JB Landscaping Company (JB) is hired to install the landscaping for a new large housing development. After JB commences work, it determines that it does not have enough employees to complete the job. JB subcontracts some of its work to the Red Company (Red), a smaller landscape company. JB sets the work hours for all workers on the job. Red provides the plants and other necessary tools and equipment for the job. Red maintains its own place of business but does not perform service for more than one person or company at a time. Either JB or Red can end the services at any time. Red pays federal employee taxes. Red is an independent contractor. D. While working on a large landscaping job with a Friday deadline, the Tree Company (Tree) determines that it needs additional workers to meet that deadline. On Wednesday afternoon, Tree contacts Keith Brown to see if he knows at least five workers who can report to the landscaping job in the morning. Keith Brown engages five other workers to assist with the Tree job. Tree sets the hours, provides the tools and equipment, and frequently inspects the work during the day. Keith Brown does landscaping work but does not have his own business. Tree pays Keith Brown a lump sum, which he distributes to the other workers. Keith Brown and the five other workers are employees of Tree. E. The Green Company (Green), a landscaping company, is hired to landscape a building complex. Once the work is underway, the owner of the building complex decides to install a pond with a waterfall. Green does not build ponds and waterfalls so it subcontracts that work to the Water Company (Water). Water is licensed to build ponds with waterfalls, and it carries workers' compensation and liability insurance under the company name. Water performs services for more than one person at a time. All equipment and tools necessary for the pond installation are owned by Green. Because of Water's experience in the area, there is no oversight of the daily work by Green. Water is paid by Green at the completion of the job. However, Green is ultimately responsible for the final product if there are any faults or defects in the construction. Water is an independent contractor. #### Regulation .06 Construction Illustrations. *COMAR 09.12.40.06* A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law. B. The illustrations in §§C—J of this regulation provide guidance for the construction services industry in the application of Labor and Employment Article, §3-903(c), Annotated Code of Maryland. C. John Brown has an oral agreement with ACE Building Company (ACE) to do carpentry work on houses in a development designated by ACE. John Brown supplies his own hand tools. ACE supplies the material for each job. He has to do the work himself and he works on a full time basis for the company. For some work he is paid on a piecework basis and for some work he is paid on an hourly basis. He does not have assistants, does not have an office, and does not advertise in newspapers or otherwise hold himself out to the public as being in the carpentry business. ACE can fire him any time before he finishes a job without contractual liability. John Brown is an employee of ACE. D. HVAC, Inc. (HVAC) is the mechanical subcontractor on a large hospital construction contract. There is so much work to perform that HVAC contracts with two other companies, Air Supply, Inc. (Air Supply) and Kool and the Gang, Inc. (Kool), to assist with the work. Air Supply and Kool each have their own employees. HVAC retains some supervisory control over the employees of the other companies to make sure that the job is being done to the specifications of the overall mechanical contract. Air Supply and Kool exercise supervision over the installation methods of their respective workforces. Even though the two subcontractors are in the same business as HVAC and they perform the same type of work at the same location as HVAC, there is no employer-employee relationship between the contracting companies, and there is no employee-employer relationship between the subcontractors' employees and HVAC. E. Sarah Green is a painting subcontractor who has contracted with XYZ General Contracting, Inc. (XYZ) to paint 264 houses. She hired 40 painters to do the work for her, although only about 15 are on the job at any one time. She supplies all the paint, brushes, and ladders. She designates the house to be painted and either pays the painters per house or by the hour. Detailed instructions about the work are not necessary because of the painters' skill in their trade. Sarah Green inspects the work and requires them to repaint any unsatisfactory work. The painters cannot engage helpers without her consent. She can discharge them for any reason, and they are free to resign at any time. The painters assume no business risks and have no capital investment. None of them has an established business. The painters are employees of Sarah Green, not XYZ, and Sarah Green is an independent contractor, not an employee of XYZ. F. Milton Manning, an experienced tile and terrazzo journeyman, orally agreed with MEGA, Inc. (MEGA) to perform full-time services at construction sites. He uses his own tools and performs services in the order designated by MEGA and according to its specifications. MEGA supplies all materials, makes frequent inspections of his work, pays him on a piecework basis, and carries workers' compensation insurance on him. He does not have a place of business or hold himself out to perform similar services for others. Either party can end the services at any time. Milton Manning is an employee of MEGA. G. Wallace Black agreed with the Sawdust Company (Sawdust) to supply the construction labor for a group of houses. The company agreed to pay all construction costs. However, Wallace Black supplies all the tools and the equipment. He performs personal services as a carpenter and mechanic for an hourly wage. He also acts as superintendent and foreman, and engages other individuals to assist him. Sawdust has the right to select, approve, or discharge any helper. A company representative makes frequent inspections of the construction site. When a house is finished, Wallace Black is paid a certain percentage of its costs. He is not responsible for faults, defects of construction, or wasteful operation. At the end of each week, he presents the company with a statement of the amount he has spent, including the payroll. Sawdust gives him a check for that amount from which he pays the assistants, two of whom are day laborers although he is not personally liable for their wages. Wallace Black and all of his assistants are employees of Sawdust. H. Trisha Gold; Pristine; Painters. (1) Trisha Gold is a painting contractor who has been subcontracted by Pristine Construction, Inc. (Pristine), the general contractor responsible for painting 20 individual cottages. Prior to entering the contract, Pristine seeks and obtains proof from Trisha Gold of payroll withholdings, payment of unemployment insurance and workers' compensation with respect to Trisha Gold's employees. Pristine also provides Trisha Gold with a written notice of her status as an independent contractor and the rights and obligations pursuant to that status. Per the terms of their written contract, Trisha Gold is to complete ten cottages. (2) Trisha Gold hires Painters, LLC (Painters) to assist in the completion of this contract. Painters is responsible for delivery of five completed cottages. In order to ensure that the cottages are completed with matching colors, Pristine provides all of the paint. However, Trisha Gold and Painters each provide their own ladders and brushes. Painters work under Trisha Gold's direction and control and she sets the work hours for the job. Trisha Gold inspects Painters' work to ensure satisfactory performance and she is responsible for paying for any repairs for inadequate work. Trisha Gold is an independent contractor of Pristine. Painters' workers are employees of Trisha Gold. Painters and their workers are not employees of Pristine. I. ABC Company (ABC) hires three crews of workers to do the siding on new houses in a residential development. ABC pays each of the crews per square foot of siding installed. ABC tells each crew leader that they are independent contractors responsible for their own workers' compensation premiums and any taxes. None of the crew leaders appears to have their own business, and they fail to get any workers' compensation coverage. One of the crew leaders is designated as general foreman and has been given total responsibility for running the job, but ABC has a superintendent who periodically walks the site to make sure the work is done properly. ABC also provides safety equipment for each worker. At the end of each week, ABC pays the crew leaders a lump sum based on the square footage of siding installed. The crew leader then pays each worker based on how much siding they installed. The workers doing the siding are employees of ABC. J. POP; DIG. POP General Contracting (POP) leases two employees and a backhoe from DIG Excavators, Inc. (DIG). The DIG workers are engaged to open a trench, lay some pipe, and backfill the trench. Both POP and DIG contend that neither of them is the employer of the workers, that for purposes of these lend/lease type jobs, they are independent contractors for POP. None of the workers has his own business or pays his own workers' compensation. The workers always consider DIG to be their employer and if they have questions about how to do the job, they ask their boss at DIG. The workers are employees of DIG, even while they are leased-loaned to POP. ### Chapter 41 — Wage and Hour Law **Authority:** Labor and Employment Article, §§2-106(c), 3-410, and 3-419, Annotated Code of Maryland **Administrative History:** Effective date: August 14, 1974 (1:1 Md. R. 70) **Administrative History:** Regulations .01—.16 repealed and new regulations .01—.22 adopted effective December 17, 1984 (11:25 Md. R. 2132) **Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective February 13, 2006 (33:3 Md. R. 240) **Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective February 13, 2006 (33:3 Md. R. 240) **Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective February 13, 2006 (33:3 Md. R. 240) **Administrative History:** Regulation .13 repealed and new Regulation .13 adopted effective February 13, 2006 (33:3 Md. R. 240) **Administrative History:** Regulation .17 repealed and new Regulation .17 adopted effective February 13, 2006 (33:3 Md. R. 240) **Administrative History:** Regulation .19D amended effective January 20, 2014 (41:1 Md. R. 12) **Administrative History:** Regulation .23 adopted effective June 8, 1992 (19:11 Md. R. 1015) **Administrative History:** Regulation .23 repealed and new Regulation .23 adopted effective February 13, 2006 (33:3 Md. R. 240) **Administrative History:** Chapter revised effective October 1, 2020 (47:8 Md. R. 435) #### Regulation .01 Administrative Capacity. *COMAR 09.12.41.01* “Administrative capacity” has the meaning stated in 29 CFR §541.200 et seq. #### Regulation .02 Agriculture. *COMAR 09.12.41.02* “Agriculture” means work performed by a farmer or on a farm as an incident to or in conjunction with farming operations, such as: A. The cultivation and tillage of soil, including grading, rock removal, building terraces, irrigation, and fertilization; B. The production, growing, cultivation, or harvesting of agricultural or horticultural products or commodities; C. Breeding, fattening, feeding, or the general care of livestock, bees, fur-bearing animals whose fur has marketable value, or poultry, including poultry hatchery operations; D. Dairying, including: (1) Caring for and milking of milk-giving animals, (2) Containing, cooling, and storage of milk when done on the farm, and (3) Farm-based manufacturing operations directly and closely related to dairying, such as separating cream or making butter; E. Farming activities on experimental farms or nurseries, or in greenhouses or mushroom cellars; or F. Duties directly and closely related to farming operations, including the: (1) Preparation of products or commodities for market, or (2) Delivery of products or commodities to storage, market, or carriers for transportation to market. #### Regulation .03 Complaints. *COMAR 09.12.41.03* Before the Commissioner of Labor and Industry initiates an investigation, the Commissioner may require the employee to submit a written complaint. #### Regulation .04 Directly and Closely Related. *COMAR 09.12.41.04* “Directly and closely related” has the meaning stated in 29 CFR §541.703 et seq. #### Regulation .05 Executive Capacity. *COMAR 09.12.41.05* “Executive capacity” has the meaning stated in 29 CFR §541.100 et seq. #### Regulation .06 First Processing. *COMAR 09.12.41.06* A. “First processing” means the procedure by which the form of a product or commodity is changed from its original state. B. “First processing” does not refer to an employer who acts as a wholesaler, broker, factor, or other middleman in the chain from producer to consumer. #### Regulation .07 Food and Drink Establishment. *COMAR 09.12.41.07* A. “Annual gross income”: (1) Means the total of all receipts from all sales made during the preceding four calendar quarters; and (2) Is the sole basis for determining the annual gross income for all subsequent quarters. B. “Cafe” means a combination of a restaurant and a tavern. C. “Drive-in” means an establishment: (1) Which sells prepared food items for consumption on the premises or in the purchaser's car; (2) Which is characterized by a parking lot adjacent to the establishment; and (3) To which purchasers generally drive to consummate a purchase. D. “Restaurant” means an establishment which: (1) Is primarily engaged in selling and serving prepared food and beverages for consumption on the premises; (2) Provides characteristic employee services and dining facilities; and (3) Contains physical and functional equipment and facilities required for the consumption of a meal. E. “Similar establishment” means an establishment which has the characteristics of a restaurant, drive-in, tavern, or cafe. F. “Tavern” means an establishment whose primary sales consist of alcoholic beverages for consumption on the premises on a drink-by-drink basis. #### Regulation .08 Gasoline Service Station. *COMAR 09.12.41.08* A. “Gasoline service station” means an establishment primarily engaged in selling gasoline and lubricating oils to the general public. B. A gasoline service station may be part of a larger enterprise which also repairs automobiles. C. An establishment which derives the greater part of its net income from the sale of goods other than gasoline, lubricating oils, and related services is not a gasoline service station. #### Regulation .09 Hotel or Motel. *COMAR 09.12.41.09* A. “Hotel” or “motel” for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an establishment engaged primarily in providing lodging or lodging and meals to the general public. B. “Hotel” or “motel” includes an apartment or residential establishment that derives more than half of its annual gross income from providing transient guests with lodging or lodging and meals. C. “Hotel” or “motel” does not mean an establishment whose income is derived primarily from providing bedroom and kitchen facilities for leased periods of longer than 3 months. #### Regulation .10 Hours of Work. *COMAR 09.12.41.10* A. “Hours of work” means the time during a workweek that an individual employed by an employer is required by the employer to be on the employer's premises, on duty, or at a prescribed workplace. B. Meal periods are included in computing hours of work if the individual is required to perform any duties during the meal period. C. Travel time is included in computing hours of work if the individual: (1) Travels during regular work hours; (2) Travels from one worksite to another; or (3) Is called out after work hours in emergency situations. #### Regulation .11 Immediate Family. *COMAR 09.12.41.11* A. “Immediate family” means an employer's parent, spouse, child, brother, sister, grandchild, or grandparent who: (1) Resides with the employer; and (2) Enjoys the same privileges as other members of the family. B. “Immediate family” does not include anyone living outside the employer's household, except the employer's parent, spouse, or child. C. “Child” means a natural child, adopted child, or stepchild but does not mean the spouse of that child. #### Regulation .12 Mechanic. *COMAR 09.12.41.12* A. “Mechanic” means an employee whose primary function is to put automobiles, trailers, trucks, or farm machinery in working order by making necessary repairs or adjustments. B. The following employees are not mechanics: (1) An employee whose primary duty is to wash, clean, polish, lubricate packing wheel bearings, change oil or oil filters, change tires, paint, perform carpentry, dispatch, or install or repair seat covers; (2) An employee whose primary duty is to record a vehicle's condition or to write a report detailing necessary parts and mechanical work. #### Regulation .13 Outside Salesman. *COMAR 09.12.41.13* “Outside salesman” has the meaning stated in 29 CFR §541.500 et seq. #### Regulation .14 Overtime Compensation. *COMAR 09.12.41.14* A. An employee subject to the Minimum Wage Act of Maryland shall be paid overtime compensation for each hour worked in excess of 40 hours per workweek. This includes the following: (1) All hours worked by an employee for an employer are included, even though the employee may perform work in two or more unrelated jobs; (2) If the total workweek hours do not exceed 40, an employee is not entitled to overtime compensation for hours worked in excess of 8 on any day, including Saturday, Sunday, and holidays. B. Compensation for hours worked in excess of 40 hours per workweek is computed at 1-1/2 times the regular hourly rate at which the employee is employed. This includes the following: (1) The regular hourly rate may not be less than the statutory minimum; (2) If the employee's regular hourly rate is higher than the statutory minimum, overtime compensation is computed at 1-1/2 times the higher rate. #### Regulation .15 Packing. *COMAR 09.12.41.15* “Packing” means the physical operation by which a product or commodity is placed in a container which is then closed and sealed. #### Regulation .16 Partsman. *COMAR 09.12.41.16* A. “Partsman” means an employee whose primary function is to: (1) Sell or dispense parts for automobiles, trailers, trucks, or farm machinery; or (2) Requisition, stock, or dispense those parts for an establishment's mechanical service department. B. A partsman's duties may include incidental clerical or cleaning work necessary to keep stockrooms, bins, and shelves in order. #### Regulation .17 Professional Capacity. *COMAR 09.12.41.17* “Professional capacity” has the meaning stated in 29 CFR §541.300 et seq. #### Regulation .18 Reasonable Cost. *COMAR 09.12.41.18* A. The reasonable cost of board, lodging, or other facilities may be included as part of an employee's wage if the: (1) Facilities are customarily and regularly available to all similarly situated employees; (2) Employee's acceptance of the facility is voluntary and uncoerced; and (3) Employee receives the benefits of the facility for which he or she is charged. B. The reasonable cost of board, lodging, or other facilities included as part of the wage paid to an employee may not: (1) Exceed the actual cost to the employer; and (2) Include profit to the employer or to any person or establishment affiliated with the employer. C. The reasonable cost of furnishing board, lodging, or other facilities may include the cost of operation and maintenance. D. The employer shall demonstrate the actual cost of the board, lodging, or facilities furnished. E. In a food and drink establishment, if the actual cost of food consumed by an employee cannot be determined, the reasonable cost is half the price customarily and regularly charged a member of the general public. F. The cost of furnishing board, lodging, or other facilities primarily for the benefit or convenience of the employer may not be included as part of an employee's wage. #### Regulation .19 Regular Hourly Rate. *COMAR 09.12.41.19* A. “Regular hourly rate” means the usual hourly rate. B. The regular hourly rate is determined by dividing the total compensation for employment in any workweek by the total number of hours worked in that workweek. C. Any commission or bonus, if: (1) Paid weekly, is added to the employee's total compensation in order to determine the regular hourly rate; (2) Paid other than weekly, is allocated to the particular workweek in which it was earned; or (3) Allocation is not practical, may be apportioned in equal amounts to each workweek during the period in which it was earned. D. Gratuities and Tips. (1) Compensation derived from tips in accordance with Labor and Employment Article, §3-419, Annotated Code of Maryland, is allocated to the particular workweek in which the employee is a tipped employee. (2) A compulsory monetary charge for service, even if retained by the employee, is not a tip. (3) A tipped employee’s wages must equal at least the minimum wage when direct wages and tips are combined. (4) A tipped employee who spends more than 20 percent of the employee’s work time performing non-tip producing duties directly related to their tipped occupation shall be paid by the employer at least the minimum wage for that time. E. The following amounts are not included in determining the regular hourly rate: (1) Sums paid as a gift or reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency; (2) Payments for occasional periods when no work is performed, such as vacation, sick leave, holidays, or jury duty; (3) Payments for reimbursement purposes, such as travel, equipment, or meal expenses; (4) Payments made in recognition of services if the payment is: (a) Within the sole discretion of the employer and not pursuant to any agreement, or (b) Made pursuant to a bona fide profit-sharing trust, savings, or thrift plan; (5) Contributions irrevocably made by an employer to a trustee or third person under a bona fide retirement, insurance, or similar employee benefit plan; (6) Extra compensation paid at a premium rate pursuant to a statutorily valid employer-employee agreement; and (7) Tips received by the employee in excess of the tip credit. #### Regulation .20 Restaurant Tip Credit Wage Statement. *COMAR 09.12.41.20* A. Definitions. (1) In this regulation, the following terms have the meanings indicated. (2) Terms Defined. (a) “Reported tips” means tips retained by the employee and disclosed to the employer, tips distributed to the employee by the employer, or tips obtained through a valid tip pooling arrangement or tip sharing arrangement. (b) “Restaurant” has the meaning stated in Regulation .07D of this chapter. (c) “Tip credit wage statement” means a written or electronic statement that shows the employee’s effective hourly rate of pay, including employer paid cash wages plus all reported tips, for all tip credit hours worked for each workweek in the pay period. B. No later than 2 weeks following the end of the pay period, a restaurant employer shall provide each employee for whom the employer utilizes a tip credit with a tip credit wage statement for each pay period that reflects all reported tips for tip credit hours for each workweek of the pay period. C. A restaurant employer may satisfy the requirement in §B of this regulation by providing an online system through which an employee may obtain the employee’s tip credit wage statement. #### Regulation .21 Salesman. *COMAR 09.12.41.21* A. “Salesman” for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an employee whose primary duty is to sell or obtain orders or contracts for the sale of automobiles, trailers, trucks, or farm machinery. B. The sales work may be performed in the establishment or elsewhere. C. A salesman may perform work incidental to and in conjunction with the employee's regular sales or solicitations, including incidental deliveries and collections. #### Regulation .22 Work-Study Programs. *COMAR 09.12.41.22* A. Definitions. (1) A “work-study program” is a program in which the period of normal public or private school attendance is divided between school attendance and employment in industry or business. (2) A “work-study coordinator” is the individual assigned to supervise or administer a work-study program. B. Application. (1) Upon application by a work-study coordinator, the Commissioner may authorize payment to a student of an hourly rate less than the statutory minimum. (2) The application shall state the: (a) Title of the work-study coordinator; (b) Name and address of the school attended by the student; (c) Name and address of the student; (d) Name and address of the employer; (e) Type of work to be performed by the student; (f) Hourly rate to be paid; and (g) Duration of time that the student will be paid less than the statutory minimum. (3) The employer and the work-study coordinator shall sign the application. C. The work-study coordinator shall: (1) Obtain, through his or her efforts, all work-study program employment opportunities; (2) Supervise, on a continuing basis, the progress of each student in a work-study program; and (3) Notify the Commissioner upon termination of a student's employment in the job designated on the application. #### Regulation .23 Workweek. *COMAR 09.12.41.23* “Workweek” means a fixed and regularly recurring period of 168 consecutive hours beginning on any hour of the day. #### Regulation .24 Computer-Related Occupations: Exemptions from Minimum Wage and Overtime Compensation. *COMAR 09.12.41.24* A computer systems analyst, computer programmer, software engineer, or other similarly skilled professional employee in the computer field is eligible for classification as an employee in a professional capacity if the employee meets the standard set forth in 29 CFR §541.400 et seq. ### Chapter 42 — Equal Employment Opportunity **Authority:** Labor and Employment Article, §11-405, Annotated Code of Maryland **Administrative History:** Effective date: September 1, 1971 **Administrative History:** Chapter revised effective September 8, 1978 (5:18 Md. R. 1387) **Administrative History:** (Transferred from Department of Licensing and Regulation to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 09.12.21 to 24.04.01) **Administrative History:** Chapter revised effective December 21, 1992 (19:25 Md. R. 2208) **Administrative History:** Chapter recodified from COMAR 24.04.01 to COMAR 09.12.42, May 1996 **Administrative History:** Regulation .01 amended effective April 11, 2016 (43:7 Md. R. 448) #### Regulation .01 Scope and Purpose. *COMAR 09.12.42.01* A. Scope. (1) Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland. (2) These regulations set forth policies and procedures to promote equality of opportunity in apprenticeship programs registered with the Maryland Apprenticeship and Training Council. (3) These policies and procedures apply to the recruitment and selection of apprentices, and to all conditions of employment and training during apprenticeship. (4) The procedures established provide for review of apprenticeship programs, for registering apprenticeship programs, for processing complaints, and for deregistering noncomplying apprenticeship programs. B. Purpose. The purpose of these regulations is to promote equality of opportunity in apprenticeship and encourage the fullest development of the interests and aptitudes of apprentices by prohibiting discrimination based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability in apprenticeship programs, by requiring affirmative action to provide equal opportunity in apprenticeship programs, and by coordinating these regulations with other equal opportunity programs. #### Regulation .02 Definitions. *COMAR 09.12.42.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Apprenticeship program” means a program registered with the Maryland Apprenticeship and Training Council and evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards of the Council. (2) “Council” means the Maryland Apprenticeship and Training Council. (3) “Employer” means any person or organization employing an apprentice whether the apprentice is enrolled with this person or organization or with some other person or organization. (4) “Minority” means an individual male or female member of a group that has historically been under-utilized in apprenticeship programs due to discrimination based on race, color, or national origin. (5) “Sponsor” means any person or organization operating an apprenticeship program, irrespective of whether this person or organization is an employer. #### Regulation .03 Equal Opportunity Standards. *COMAR 09.12.42.03* A. Obligation of Sponsors. Each sponsor of an apprenticeship program shall: (1) Recruit, select, employ, and train apprentices during their apprenticeship without discrimination based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability; (2) Uniformly apply regulations concerning apprentices, including but not limited to equality of wages, periodic advancement, promotion, assignment of work, job performance, rotation among all work processes of the trade, imposition of penalties or other disciplinary action, and all other aspects of the apprenticeship program administered by the program sponsor; and (3) Take affirmative action to provide equal opportunity in apprenticeship, including adoption of an affirmative action plan as required by these regulations. B. Equal Opportunity Pledge. Each sponsor of an apprenticeship program shall include in its standards the following equal opportunity pledge: The recruitment, selection, employment, and training of apprentices during their apprenticeship, shall be without discrimination based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability. The sponsor will take affirmative action to provide equal opportunity in apprenticeship and will operate the apprenticeship program as required by these regulations and 29 CFR 30. C. Programs Presently Registered. Each sponsor of a program registered with the Council as of the effective date of these regulations shall within 90 days of that date take the following action: (1) Include in the standards of its apprenticeship program the equal opportunity pledge prescribed by §B of this regulation; (2) Adopt an affirmative action plan required by Regulation .04 of this chapter; and (3) Adopt a selection procedure required by Regulation .05 of this chapter. A sponsor adopting a selection method under Regulation .05B(1), (2), or (3) shall prepare, and have available for submission upon request, copies of its amended standards, affirmative action plans, and selection procedure. A sponsor adopting a selection method under Regulation .05B(4) shall submit to the Council copies of its standards, affirmative action plan, and selection procedure in accordance with the requirements of Regulation .05B(4)(a)(i). D. Sponsors Seeking New Registration. A sponsor of a program seeking new registration with the Council shall submit copies of its proposed standards, affirmative action plans, selection procedures, and other information that may be required. The program shall be registered if the standards, affirmative action plan, and selection procedure meet the requirements of these regulations. E. Programs Subject to Approved Equal Employment Opportunity Programs. A sponsor may not be required to adopt an affirmative action plan under Regulation .04 of this chapter or a selection procedure under Regulation .05 of this chapter if it submits to the Council satisfactory evidence that it is in compliance with an equal employment opportunity program providing for the selection of apprentices and for affirmative action in apprenticeship including goals and timetables for women and minorities which has been approved as meeting the requirements of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000e et seq.) and its implementing regulations published in Title 29 of the Code of Federal Regulations, Chapter XIV or Executive Order 11246, as amended, and its implementing regulations at Title 41 of the Code of Federal Regulations, Chapter 60; provided that programs approved, modified, or renewed after the effective date of these regulations will qualify for this exemption only if the goals and timetables for minorities and women for the selection of apprentices provided for in these programs are equal to or greater than the goals required under these regulations. F. Programs with Fewer than Five Apprentices. A sponsor of a program in which fewer than five apprentices are indentured may not be required to adopt an affirmative action plan under Regulation .04 of this chapter or a selection procedure under Regulation .05 of this chapter, provided that the program was not adopted to circumvent the requirements of these regulations. #### Regulation .04 Affirmative Action Plans. *COMAR 09.12.42.04* A. Adoption of Affirmative Action Plans. A sponsor's commitment to equal opportunity in recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan. B. Definition of Affirmative Action. Affirmative action is not mere passive nondiscrimination. It includes procedures, methods, and programs for the identification, positive recruitment, training, and motivation of present and potential minority and female (minority and nonminority) apprentices including the establishment of goals and timetables. It is action which will equalize opportunity in apprenticeships so as to allow full use of the work potential of minorities and women. The overall result to be sought is equal opportunity in apprenticeships for all individuals participating in or seeking entrance to the State labor force. C. Outreach and Positive Recruitment. (1) An acceptable affirmative action plan shall also include adequate provision for outreach and positive recruitment that would reasonably be expected to increase minority and female participation in apprenticeship by expanding the opportunity for minorities and women to become eligible for apprenticeship selection. To achieve these objectives, sponsors shall undertake activities such as those listed below. It is not contemplated that each sponsor necessarily will include all of the listed activities in its affirmative action program. The scope of the affirmative action program will depend on all the circumstances including the size and type of the program and its resources. However, the sponsor will be required to undertake a significant number of appropriate activities in order to enable it to meet its obligations under these regulations. The affirmative action plan shall set forth the specific steps the sponsor intends to take in the areas listed below. Whenever special circumstances warrant, the Council may provide the assistance it deems necessary to implement the requirements of this section. (2) Activities for Acceptable Affirmative Action Plan. (a) Dissemination of information concerning the nature of the apprenticeship, requirements for admission to apprenticeship, availability of apprenticeship opportunities, sources of apprenticeship applications, and the equal opportunity policy of the sponsor. For programs accepting applications only at specified intervals, the information shall be disseminated at least 30 days in advance of the earliest date for application at each interval. For programs customarily receiving applications throughout the year, the information shall be regularly disseminated but not less than semiannually. The information shall be given to the Council, local schools, employment service offices, women's centers, outreach programs and community organizations which can effectively reach minorities and women, and shall be published in newspapers which are circulated in the minority community and among women, as well as in the general areas in which the program sponsor operates. (b) Participation in annual workshops conducted by employment service agencies for the purpose of familiarizing school, employment service, and other appropriate personnel with the apprenticeship system and current opportunities therein. (c) Cooperation with local school boards and vocational education systems to develop programs for preparing students to meet the standards and criteria required to qualify for entry into apprenticeship programs. (d) Internal communication of the sponsor's equal opportunity policy in such a manner as to foster understanding, acceptance, and support among the sponsor's various officers, supervisors, employees, and members, and to encourage these persons to take the necessary action to aid the sponsor in meeting its obligations under these regulations. (e) Engaging in programs such as outreach for the positive recruitment and preparation of potential applicants for apprenticeships. When appropriate and feasible, these programs shall provide for pretesting experience and training. If no such programs are in existence the sponsor shall seek to initiate these programs, or, when available, to obtain financial assistance from the U.S. Department of Labor. In initiating and conducting these programs the sponsor may be required to work with other sponsors and appropriate community organizations. The sponsor shall also initiate programs to prepare women and encourage women to enter traditionally male programs. (f) To encourage the establishment and utilization of programs of preapprenticeship, preparatory trade training, or others designed to afford related work experience or to prepare candidates for apprenticeship, a sponsor shall make appropriate provision in its affirmative action plan to assure that those who complete these programs are afforded full and equal opportunity for admission into the apprenticeship program. (g) Utilization of journeypersons to assist in the implementation of the sponsor's affirmative action program. (h) Granting advanced standing or credit on the basis of previously acquired experience, training, skills, or aptitude for all applicants equally. (i) Other appropriate action to ensure that the recruitment, selection, employment, and training of apprentices during apprenticeship shall be without discrimination based on political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability (for example, general publication of apprenticeship opportunities and advantages in advertisements, industry reports, articles; use of present minority and female apprentices and journeypersons as recruiters; career counseling; periodic auditing of affirmative action programs and activities; and development of reasonable procedures between the sponsor and employers of apprentices to ensure that equal opportunity is being granted, including reporting systems, on-site reviews, briefing sessions). The affirmative action program shall set forth specific steps the sponsor intends to take, in the above areas under this section. Whenever special circumstances warrant, the Council may provide the assistance it deems necessary to implement the above requirements. D. Goals and Timetables. (1) A sponsor adopting a selection method under Regulation .05B(1) or (2) of this chapter, which determines on the basis of the analysis described in §E of this regulation that it has deficiencies in terms of under-utilization of minorities or women (minority and nonminority) in the craft or crafts represented by the program, shall include in its affirmative action plan percentage goals and timetables for the admission of minority or female (minority and nonminority) applicants, as applicable, into the eligibility pool. (2) A sponsor adopting a selection method under Regulation .05B(3) or (4) of this chapter, which determines on the basis of the analysis described in §E of this regulation that it has deficiencies in terms of the under-utilization of minorities or women in the craft or crafts represented by the program, shall include in its affirmative action plan percentage goals and timetables for the selection of minority or female (minority and nonminority) applicants, as applicable, for the apprenticeship program. (3) “Under-utilization” as used in this section refers to the situation where there are fewer minorities or women (minority and nonminority) in the particular craft or crafts represented by the program than would reasonably be expected in view of an analysis of the specific factors in §E(1)—(5) of this regulation. When, on the basis of the analysis, the sponsor determines that it has no deficiencies, no goals or timetables need be established. However, if no goals and timetables are established, the affirmative action plan shall include a detailed explanation of why no goals and timetables have been established. (4) If the sponsor fails to submit goals and timetables as part of its affirmative action plan or submits goals and timetables which are unacceptable, and the Council determines that the sponsor has deficiencies in terms of under-utilization of minorities or women (minority and nonminority) within the meaning of this section, the Council shall establish goals and timetables applicable to the sponsor for the admission of minority and female (minority and nonminority) applicants into the eligibility pool or selection of apprentices, as appropriate. The sponsor shall make good-faith efforts to attain these goals and timetables in accordance with the requirements of this section. E. Analysis to Determine Whether Deficiencies Exist. The sponsor's determination as to whether goals and timetables shall be established shall be based on an analysis of at least the following factors, which analysis shall be set forth in writing as part of the affirmative action plan: (1) The size of the working age minority and female (minority and nonminority) population in the program sponsor's labor market area; (2) The size of the minority and female (minority and nonminority) labor force in the program sponsor's labor market area; (3) The percentage of minority and female (minority and nonminority) participation as apprentices in the particular craft as compared with the percentage of minorities and women (minority and nonminority) in the labor force in the program sponsor's labor market area; (4) The percentage of minority and female (minority and nonminority) participation as journeypersons employed by the employer or employers participating in the program as compared with the percentage of minorities and women (minority and nonminority) in the sponsor's labor market area and the extent to which the sponsor should be expected to correct any deficiencies through the achievement of goals and timetables for the selection of apprentices; and (5) The general availability of minorities and women (minority and nonminority) with present or potential capacity for apprenticeships in the program sponsor's labor market area. F. Establishment and Attainment of Goals and Timetables. (1) The goals and timetables shall be established on the basis of the sponsor's analysis of its under-utilization of minorities and women and its entire affirmative action program. A single goal for minorities and a separate single goal for women is acceptable unless a particular group is employed in a substantially disparate manner in which case separate goals shall be established for the group. Separate goals would be required, for example, if a specific minority group of women were under-utilized even though the sponsor had achieved its standards for women generally. (2) In establishing the goals, the sponsor should consider the results which could be reasonably expected from its good faith efforts to make its overall affirmative action program work. Compliance with these requirements shall be determined by whether the sponsor has met its goals within its timetable, or failing that, whether it has made good-faith efforts to meet its goals and timetables. Its good-faith efforts shall be judged by whether it is following its affirmative action program and attempting to make it work, including evaluation and changes in its program when necessary to obtain the maximum effectiveness toward the attainment of its goals. (3) However, in order to deal fairly with program sponsors, and with women who are entitled to protection under the goals and timetables requirements, during the first 12 months after the effective date of these regulations, the program sponsor would generally be expected to set a goal for women for the entering year class at a rate which is not less than 50 percent of the proportion women are of the workforce in the program sponsor's labor market area and set a percentage goal for women in each class beyond the entering class which is not less than the participation rate of women currently in the preceding class. At the end of the first 12 months after the effective date of these regulations, sponsors are expected to make appropriate adjustment in goal levels. (See Regulation .07B of this chapter). G. Data and Information. 29 CFR §30.4(g) provides that the Secretary of Labor, U.S. Department of Labor, or a person designated by the Secretary of Labor, shall make available to program sponsors data and information on minority and female (minority and nonminority) population and labor force characteristics for each Standard Metropolitan Statistical Area (SMSA), and for other special areas as appropriate. #### Regulation .05 Selection of Apprentices. *COMAR 09.12.42.05* A. Obligation of Sponsors. In addition to the development of a written affirmative action plan to ensure that minorities and women have an equal opportunity for selection as apprentices and otherwise ensure the prompt achievement of full and equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative action program that the selection of apprentices shall be made under one of the methods specified in §B(1)—(4) of this regulation. B. Selection Methods. The sponsor shall adopt one of the following methods for selecting apprentices: (1) Selection on the Basis of Rank from a Pool of Eligible Applicants. (a) Selection. A sponsor may select apprentices from a pool of eligible applicants created in accordance with the requirements of §B(1)(c) of this regulation on the basis of the rank order of scores of applicants on one or more qualification standards when there is a significant statistical relationship between rank order of scores and performance in the apprenticeship program. In demonstrating the relationship the sponsor shall follow the procedures set forth in “Guidelines on Employee Selection Procedures”, published at 41 CFR 60-3. (b) Requirements. The sponsor adopting this method of selecting apprentices shall meet the requirements of §B(1)(c)—(g) of this regulation. (c) Creation of Pool of Eligibles. A pool of eligibles shall be created from applicants who meet the qualifications of minimum legal working age, or from applicants who meet qualification standards in addition to minimum legal working age, provided that any additional qualification standards conform with the following requirements: (i) Qualification Standards. The qualification standards and the procedures for determining the qualification standards shall be stated in detail and shall provide criteria for the specific factors and attributes to be considered in evaluating applicants for admission to the pool. The score required under each qualification standard for admission to the pool shall also be specified. All qualification standards and the score required on any standard for admission to the pool shall be directly related to job performance, as shown by a significant statistical relationship between the score required for admission to the pool and performance in the apprenticeship program. In demonstrating these relationships, the sponsor shall follow the procedures set forth in 41 CFR 60-3. Qualifications shall be considered as separately required so that the failure of an applicant to attain the specified score under a single qualification standard shall disqualify the applicant from admission to the pool. (ii) Aptitude Tests. Any qualification standard for admission to the pool consisting of aptitude test scores shall be directly related to job performance, as shown by significant statistical relationships between the score on the aptitude tests required for admission to the pool, and performance in the apprenticeship program. In determining the relationship, the sponsor shall follow the procedures set forth in 41 CFR 60-3. The requirements of this subparagraph shall also be applicable to aptitude tests used by a program sponsor which are administered by a State employment service agency, or any other person, agency, or organization engaged in the selection or evaluation of personnel. A national test developed and administered by a national joint apprenticeship committee will not be approved by the Council unless the test meets the requirements of this subunit. (iii) Educational Attainments. All educational attainments or achievements as qualifications for admission to the pool shall be directly related to job performance as shown by a significant statistical relationship between the score required for admission to the pool and performance in the apprenticeship program. In demonstrating the relationship, the sponsor shall meet the requirements of 41 CFR 60-3. School records or a passing grade on the general education development tests recognized by the State or local public instruction authority shall be evidence of educational achievement. Education requirements shall be applied uniformly to all applicants. (d) Oral Interviews. Oral interviews may not be used as a qualification standard for admission into an eligibility pool. However, once an applicant is placed in the eligibility pool, and before selection for apprenticeship from the pool, he or she may be required to submit to an oral interview. Oral interviews shall be limited only to objective questions that may be required to determine the fitness of applicants to enter the apprenticeship program, but may not include questions relating to qualifications previously determined in gaining entrance to the eligibility pool. When an oral interview is used, each interviewer shall record the questions and the general nature of the applicant's answers, and shall prepare a summary of any conclusions. Each applicant rejected from the pool of eligibles on the basis of an oral interview shall be given a written statement of the rejection, the reasons for it, and the appeal rights available to the applicant. (e) Notification of Applicants. All applicants who meet the requirements for admission shall be notified and placed in the eligibility pool. The program sponsor shall give each rejected applicant who is not selected for the pool or the program notice of his or her rejection, including the reasons for the rejection, the requirements for admission to the pool of eligibles, and the appeal rights available to the applicant. (f) Goals and Timetables. The sponsor shall establish, when required by Regulation .04D of this chapter, percentage goals and timetables for the admission of minorities and women (minority and nonminority) into the pool of eligibles in accordance with the provisions of Regulation .04D, E, and F of this chapter. (g) Compliance. A sponsor shall be considered to be in compliance with its commitments under §B(1)(f) of this regulation if it meets its goals or timetables or if it makes a good-faith effort to meet these goals and timetables. If the sponsor fails to meet its goals and timetables, it shall be given an opportunity to demonstrate that it has made every good-faith effort to meet its commitments (see Regulation .04F of this chapter). All the actions of the sponsor shall be reviewed and evaluated in determining whether good-faith efforts have been made. (2) Random Selection from a Pool of Eligible Applicants. (a) Selection. A sponsor may select apprentices from a pool of eligible applicants on a random basis. The method of random selection is subject to approval by the Council. Supervision of the random selection process shall be by an impartial person or persons selected by the sponsor, but not associated with the administration of the apprenticeship program. The time and place of the selection, and the number of apprentices to be selected, shall be announced. The place of the selection shall be open to all applicants and the public. The names of apprentices drawn by this method shall be posted immediately following the selection at the program sponsor's place of business. (b) Requirements. The sponsor adopting this method of selecting apprentices shall meet the requirements of §B(1)(c)—(e) of this regulation relating to the creation of a pool of eligibles, oral interviews, and notification of applicants. (c) Goals and Timetables. The sponsor shall establish, when required by Regulation .04D of this chapter, percentage goals and timetables for the admission of minorities and women (minority and nonminority) into the pool of eligibles in accordance with the provisions of Regulation .04D, E, and F of this chapter. (d) Compliance. Determinations as to the sponsor's compliance with its obligations under these regulations shall be in accordance with the provisions of §B(1)(g) of this regulation. (3) Selection from a Pool of Current Employees. (a) Selection. A sponsor may select apprentices from an eligibility pool of the workers already employed by the program sponsor in a manner prescribed by a collective bargaining agreement when it exists, or by the sponsor's established promotion policy. The sponsor adopting this method of selecting apprentices shall establish goals and timetables for the selection of minority and female apprentices, unless the sponsor concludes, in accordance with the provisions of Regulation .04D, E, and F of this chapter, that it does not have deficiencies in terms of under-utilization of minorities or women (minority or nonminority) in the apprenticeship of journeyperson crafts represented by the program. (b) Compliance. Determinations as to the sponsor's compliance with obligations under these regulations shall be in accordance with the provisions of §B(1)(g) of this regulation. (4) Alternative Selection Methods. (a) Selection. A sponsor may select apprentices by means of any other method, including its present selection method, provided that the sponsor meets the following requirements: (i) Selection Method and Goals and Timetables. Within 90 days of the effective date of these regulations, the sponsor shall complete development of the revised selection method it proposes to use along with the rest of its written affirmative action program including, when required by Regulation .04D of this chapter, its percentage goals and timetables for the selection of minority and female (minority and nonminority) applicants for apprenticeship and its written analysis, upon which these goals and timetables, or lack of them, are based. The establishment of goals and timetables shall be in accordance with the provisions of Regulation .04D, E, and F of this chapter. The sponsor may not implement any selection method until the Council has approved the selection method as meeting the requirements of §B(4)(a)(ii) of this regulation and has approved the remainder of its affirmative action program including its goals and timetables. If the Council fails to act upon the selection method and the affirmative action program within 90 days of its submission, the sponsor may implement the selection method. (ii) Qualification standards. Apprentices shall be selected on the basis of objective and specific qualification standards. Examples of these standards are fair aptitude tests, school diplomas or equivalent, occupationally essential health requirements, fair interviews, school grades, and previous work experience. When interviews are used, adequate records shall be kept including a brief summary of each interview and the conclusions on each of the specific factors, for example, motivation, ambition, and willingness to accept direction, which are part of the total judgment. In applying these standards, the sponsor shall meet the requirements of 41 CFR 60-3. (b) Compliance. Determinations as to the sponsor's compliance with its obligations under these regulations shall be in accordance with the provisions of §B(1)(g) of this regulation. When a sponsor, despite its good-faith efforts, fails to meet its goals and timetables within a reasonable period of time, the sponsor may be required to make appropriate changes in its affirmative action program to the extent necessary to obtain maximum effectiveness toward the attainment of its goals. The sponsor may also be required to develop and adopt an alternative selection method, including a method prescribed by the Council, when it is determined that the failure of the sponsor to meet its goals is attributable in substantial part to the selection method. When the sponsor's failure to meet its goals is attributable in substantial part to its use of a qualification standard which has adversely affected the opportunities of minorities and women (minority and nonminority) for apprenticeship, the sponsor may be required to demonstrate that this qualification standard is directly related to job performance in accordance with the provisions of §B(1)(c)(i) of this regulation. #### Regulation .06 Existing List of Eligibles and Public Notice. *COMAR 09.12.42.06* A. A sponsor adopting a selection method under Regulation .05B(1) or (2) of this chapter, and a sponsor adopting a selection method under Regulation .05B(4) who determines that there are fewer minorities and women (minority and nonminority) on its existing lists of eligibles than would reasonably be expected in view of the analysis described in Regulation .04E of this chapter shall discard all existing eligibility lists upon adoption of the selection methods required by these regulations. B. New eligibility pools shall be established and lists of eligibility pools shall be posted at the sponsor's place of business. Sponsors shall establish a reasonable period of not less than 2 weeks for accepting applications for admission to an apprenticeship program. There will be at least 30 days of public notice in advance of the earliest date for application for admission to the apprenticeship program (see Regulation .04C of this chapter on affirmative action with respect to dissemination of information). Applicants who have been placed in a pool of eligibles shall be retained on lists of eligibles subject to selection for a period of 2 years. Applicants may be removed from the list at an earlier date by their request or following their failure to respond to an apprentice job opportunity given by certified mail, return receipt requested. C. Applicants who have been accepted in the program shall be afforded a reasonable period of time in light of the customs and practices of the industry for reporting for work. All applicants shall be treated equally in determining this period of time. It shall be the responsibility of the applicant to keep the sponsor informed of his or her current mailing address. Upon request, a sponsor may restore to the list of eligibles applicants who have been removed from the list or who have failed to respond to an apprenticeship job opportunity. #### Regulation .07 Records. *COMAR 09.12.42.07* A. Obligations of Sponsors. Each sponsor shall keep adequate records including a summary of the qualifications of each applicant; the basis for evaluation and for selection or rejection of each applicant; the records pertaining to interviews of applicants; the original application for each applicant; information relative to the operation of the apprenticeship program, including but not limited to job assignment, promotion, demotion, layoff, or termination, rates of pay, or other forms of compensation or conditions of work, hours including hours of work and separately, hours of training provided; and any other records pertinent to a determination of compliance with these regulations, as may be required by the Council. The records pertaining to individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female (minority and nonminority) participants. B. Affirmative Action Plans. Each sponsor shall retain a statement of its affirmative action plan required by Regulation .04 of this chapter for the prompt achievement of full and equal opportunity in apprenticeship, including all data and analyses made pursuant to the requirements of Regulation .04. Sponsors shall review their affirmative action plans annually and update them when necessary, including the goals and timetables. C. Qualification Standards. Each sponsor shall maintain evidence that its qualification standards have been validated in accordance with the requirements set forth in Regulation .05B of this chapter. D. Records of the Council. The Council shall keep adequate records, including registration requirements, individual program standards and registration records, program compliance reviews and investigations, and any other records pertinent to a determination of compliance with these regulations as may be required by the U.S. Department of Labor and shall report to the Department as may be required by it. E. Maintenance of Records. The records required by these regulations and any other information relevant to compliance with these regulations shall be maintained for 5 years and made available upon request to the Council or its authorized representative. #### Regulation .08 Compliance Reviews. *COMAR 09.12.42.08* A. Conduct of Compliance Reviews. The Council will regularly conduct systematic reviews of apprenticeship programs in order to determine the extent to which sponsors are complying with these regulations and will also conduct compliance reviews when circumstances, including receipt of complaints not referred to a private review body pursuant to Regulation .10B(1) of this chapter, so warrant, and take appropriate action regarding programs which are not in compliance with the requirements of these regulations. Compliance reviews will consist of comprehensive analyses and evaluations of each aspect of the apprenticeship program, including on-site investigations and audits. B. Reregistration. Sponsors seeking reregistration shall be subject to a compliance review as described in §A of this regulation by the Council as part of the reregistration process. C. New Registrations. Sponsors seeking new registrations shall be subject to a compliance review as described in §A of this regulation by the Council as part of the registration process. D. Voluntary Compliance. When the compliance review indicates that the sponsor is not operating in accordance with these regulations, the Council shall notify the sponsor in writing of the results of the review and make a reasonable effort to secure voluntary compliance on the part of the program sponsor within a reasonable time before undertaking sanctions under Regulation .12 of this chapter. In the case of sponsors seeking new registration, the Council will provide appropriate recommendations to the sponsor to enable it to achieve compliance for registration purposes. #### Regulation .09 Noncompliance with Federal and State Equal Opportunity Requirements. *COMAR 09.12.42.09* A pattern or practice of noncompliance by a sponsor (or when the sponsor is a joint apprenticeship committee, by one of the parties represented on this committee) with federal and State laws or regulations requiring equal opportunity may be grounds for the imposition of sanctions in accordance with Regulation .12 of this chapter if this noncompliance is related to the equal employment opportunity of apprentices and graduates of an apprenticeship program under these regulations. The sponsor shall take affirmative steps to assist and cooperate with employers and unions in fulfilling their equal employment opportunity obligations. #### Regulation .10 Complaint Procedure. *COMAR 09.12.42.10* A. Filing. (1) Any apprentice or applicant for apprenticeship who believes that he or she has been discriminated against on the basis of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability with regard to apprenticeship or that the equal opportunity standards with respect to his or her selection have not been followed in the operation of an apprenticeship program may, personally or through an authorized representative, file a complaint with the Council, or, at the apprentice's or applicant's election, with a private review body established pursuant to §A(3) of this regulation. The complaint shall be in writing and shall be signed by the complainant. It shall include the name, address, and telephone number of the person allegedly discriminated against, the program sponsor involved, and a brief description of the circumstances of the failure to apply the equal opportunity standards provided for in this chapter. (2) The complaint shall be filed not later than 180 days from the date of the alleged discrimination or specified failure to follow the equal opportunity standards; and, in the case of complaints filed directly with review bodies designated by program sponsors to review these complaints, any referral of this complaint by the complainant to the Council shall occur within the time limitation stated above or 30 days from the final decision of the review body, whichever is later. The time may be extended by the Council for good cause shown. (3) Sponsors are encouraged to establish fair, speedy, and effective procedures for a review body to consider complaints of failure to follow the equal opportunity standards. A private review body established by the program sponsor for this purpose should number three or more responsible persons from the community serving in this capacity without compensation. Members of the review body should not be directly associated with the administration of an apprenticeship program. Sponsors may join together in establishing a review body to serve the needs of programs within the community. B. Processing of Complaints. (1) When the sponsor has designated a review body for reviewing complaints, the Council, unless the complainant has indicated otherwise or unless the Council has determined that the review body will not effectively enforce the equal opportunity standards, shall upon receiving a complaint refer it to the review body. The Council shall, within 30 days following the referral of a complaint to the review body, obtain reports from the complainant and the review body as to the disposition of the complaint. If the complaint has been satisfactorily adjusted, and there is no other indication of failure to apply equal opportunity standards, the case shall be closed and the parties appropriately informed. When a complaint has not been resolved by the review body within 90 days or when, despite satisfactory resolution of the particular complaint by the review body, there is evidence that the equal opportunity practices of the apprenticeship program are not in accordance with this chapter, the Council may conduct such compliance review as found necessary and will take all necessary steps to resolve the complaint. (2) If no review body exists, the Council may conduct a compliance review as found necessary in order to determine the facts of the complaint, and obtain such other information relating to compliance with these regulations as the circumstances warrant. (3) Sponsors shall provide written notice of the above complaint procedure to all applicants for apprenticeship and all apprentices. #### Regulation .11 Adjustments in Schedule for Compliance Review or Complaint Processing. *COMAR 09.12.42.11* If, in the judgment of the Council, a particular situation warrants and requires special processing and either expedited or extended determination, it shall take the steps necessary to permit this determination if it finds that no person or party affected by the determination will be prejudiced by the special processing. #### Regulation .12 Sanctions. *COMAR 09.12.42.12* A. When the Council, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter and voluntary corrective action has not been taken by the program sponsor, the Council shall institute proceedings to deregister the program or it shall refer the matter to the Attorney General for the institution of a court action as authorized by law. B. The Council delegates to the Office of Administrative Hearings the authority to conduct deregistration hearings and submit in writing to the Council proposed findings of fact and recommended decisions. C. Deregistration proceedings shall be conducted in accordance with the following procedures: (1) The Council shall notify the sponsor, in writing, that a determination of reasonable cause has been made under §A of this regulation and that the apprenticeship program may be deregistered unless, within 15 days of the receipt of the notice, the sponsor requests a hearing. The notification shall specify the facts on which the determination is based. (2) If, within 15 days of the receipt of the notice provided for in §C(1) of this regulation, the sponsor mails a request for a hearing, the Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .14 of this chapter. (3) The Council shall make a final decision on the basis of the record, which shall consist of the compliance review file and other evidence presented and, if a hearing was conducted pursuant to Regulation .14 of this chapter, the proposed findings and recommended decision of the administrative law judge. The Council may allow the sponsor a reasonable time to achieve voluntary corrective action. If, after any time allowed by the Council in its discretion for voluntary corrective action, the Council's decision is that the apprenticeship program is not operating in accordance with these regulations, the apprenticeship program shall be deregistered. In each case in which deregistration is ordered, the Council shall make public notice of the order and shall notify the sponsor and the complainant, if any, and the U.S. Department of Labor. #### Regulation .13 Reinstatement of Program Registration. *COMAR 09.12.42.13* Any apprenticeship program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence to the Council that the apprenticeship program is operating in accordance with this chapter. #### Regulation .14 Hearings. *COMAR 09.12.42.14* A. Procedure for Hearings. (1) Within 10 days after receiving a request for a hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge. (2) The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the sponsor. (3) The notice shall include a: (a) Reasonable time and place of hearing; (b) Statement of the provisions of this chapter pursuant to which the hearing is to be held; and (c) Concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken. B. The administrative law judge shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his or her case including such cross-examination as may be appropriate in the circumstances. The administrative law judge shall make proposed findings and recommended decisions to the Council upon the basis of the record. #### Regulation .15 Intimidatory or Retaliatory Acts. *COMAR 09.12.42.15* Any intimidation, threat, coercion, or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Title VII of the Civil Rights Act of 1964, as amended, Executive Order 11246, as amended, or because he or she has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter shall be considered noncompliance with the equal opportunity standards of this chapter. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purpose of this chapter including the conduct of any investigation, hearing, or judicial proceeding arising therefrom. #### Regulation .16 Nondiscrimination. *COMAR 09.12.42.16* The commitments contained in the sponsor's affirmative action program are not intended and may not be used to discriminate against any qualified applicant or apprentice on the basis of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability. #### Regulation .17 Exemptions. *COMAR 09.12.42.17* Requests for exemption from this chapter, or any part of it, shall be made in writing to the Council and shall contain a statement or reasons supporting the request. Exemptions may be granted by the Council or the Secretary of Labor for good cause. The Council shall notify the U.S. Department of Labor of any exemptions granted affecting a substantial number of employees and the reasons for them. ### Chapter 43 — Maryland Apprenticeship and Training **Authority:** Labor and Employment Article, §11-405, Annotated Code of Maryland **Administrative History:** Effective date: April 16, 1975 (2:8 Md. R. 565) **Administrative History:** Transferred from Department of Licensing and Regulation to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 09.12.22 to COMAR 24.04.02 **Administrative History:** Chapter revised effective December 21, 1992 (19:25 Md. R. 2208) **Administrative History:** Chapter recodified from COMAR 24.04.02 to COMAR 09.12.43, May 1996 **Administrative History:** Regulation .07 amended effective August 24, 1998 (25:17 Md. R. 1359) **Administrative History:** Regulations .01—.19 repealed and new Regulations .01—.22 adopted effective March 22, 1999 (26:6 Md. R. 484) **Administrative History:** Regulation .01 amended effective April 11, 2016 (43:7 Md. R. 448) **Administrative History:** Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 402) **Administrative History:** Regulation .05D amended effective April 24, 2017 (44:8 Md. R. 402) **Administrative History:** Regulation .05H amended effective April 10, 2006 (33:7 Md. R. 668) **Administrative History:** Regulation .05L amended effective December 11, 2000 (27:24 Md. R. 2199) #### Regulation .01 Scope and Purpose. *COMAR 09.12.43.01* A. Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland. B. The purpose of this chapter is to: (1) Establish guidelines and standards necessary for the development of skilled apprenticeship programs; (2) Establish guidelines to protect workers who participate in apprenticeship programs; (3) Establish labor standards to safeguard the welfare of apprentices; and (4) Prescribe policies and procedures concerning the registration for State and federal purposes of acceptable apprenticeship and training programs with the Council which is recognized as a registration agency for federal purposes by the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. #### Regulation .02 Definitions. *COMAR 09.12.43.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Apprentice” means a worker 16 years old or older, who has entered into a voluntary written agreement with a sponsor who has agreed to teach the worker a skilled trade under terms defined in Regulations .04 and .05 of this chapter. (2) “Apprenticeship agreement” means a written agreement between an apprentice and the sponsor that defines the relationship and is registered by the Maryland Apprenticeship and Training Council. (3) “Apprenticeship program” means a written plan containing, at a minimum, the standards set forth in Regulation .05 of this chapter. (4) “Cancellation” means: (a) The deregistration by the Council of an apprenticeship program at the request of the program sponsor; (b) The termination of an apprenticeship agreement at the request of the apprentice or sponsor; or (c) Formal deregistration proceedings when the action is involuntary. (5) “Competency” means the attainment of manual, mechanical, or technical skills and knowledge as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement. (6) Competency-Based Approach. (a) “Competency-based approach” means a method to measure skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. (b) “Competency-based approach” includes requiring an apprentice to complete an on-the-job learning component of registered apprenticeship with the program standards addressing: (i) How on-the-job learning will be integrated into the program; (ii) Describing competencies; and (iii) Identifying an appropriate means of testing and evaluation for such competencies. (7) “Council” means the Maryland Apprenticeship and Training Council. (8) “Director” means the Director of the Maryland Apprenticeship and Training Program. (9) “Employer” means an individual or organization located or operating in Maryland that employs an apprentice on a work site whether or not that individual or organization is a party to an apprenticeship agreement. (10) “Hybrid approach” means a method to measure an individual apprentice’s skill acquisition through a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. (11) “Joint apprenticeship committee” means a committee, composed of an equal number of representatives of employers and employees, that has been jointly established by an employer or group of employers and a bona fide collective bargaining agent or agents to: (a) Conduct, operate, or administer an apprenticeship program; and (b) Enter into apprenticeship agreements with apprentices selected for employment under the particular program. (12) “Journeyperson” means an individual who has completed: (a) A registered apprenticeship in a craft; or (b) The equivalent of an apprenticeship in length and content of work experience and all requirements in the apprenticeship standards for a craft. (13) Nonjoint Apprenticeship Sponsor. (a) “Nonjoint apprenticeship sponsor” means an apprenticeship program sponsor in which a bona fide collective bargaining agent does not participate. (b) “Nonjoint apprenticeship sponsor” includes: (i) An individual nonjoint sponsor which is an apprenticeship program sponsored by one employer without participation of a union; and (ii) A group nonjoint sponsor which is an apprenticeship program sponsored by two or more employers without the participation of a union. (14) “On-the-job training” means that segment of apprenticeship which can be obtained only on the job site. (15) “Probationary period” means the period of time in an apprenticeship contract in which a party to the apprenticeship agreement may cancel the contract without cause. (16) “Registration of an apprenticeship program” means the acceptance and recording of the program and issuance of a certificate of registration by the Maryland Apprenticeship and Training Council as meeting the basic standards and requirements of the Council. (17) “Related instruction” means an organized and systematic form of instruction designed to provide knowledge of the theoretical and technical subjects related to the trade. (18) “Secretary” means the Secretary of Labor or a person specifically designated by the Secretary. (19) “Sponsor” means an individual, association, committee, organization, or employer in whose name or title the program is or is to be registered. (20) “State purposes” means: (a) A State contract, grant, agreement, or arrangement dealing with apprenticeship; and (b) State financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference, or right pertaining to apprenticeship. (21) “Time-based approach” means a method that measures skill acquisition through the individual apprentice’s completion of at least 2,000 hours of on-the-job learning as described in a work process schedule. #### Regulation .03 Eligibility and Procedure for Registration. *COMAR 09.12.43.03* A. Registration of Apprenticeship Program. (1) An apprenticeship program is eligible for registration by the Council if the: (a) Apprenticeship program conforms with apprenticeship program standards published by the Council; (b) Apprenticeship program provides for training in an apprenticeable occupation meeting the requirements of Regulations .04 and .05 of this chapter; (c) Apprenticeship program conforms with the requirements of the Maryland State Plan for Equal Employment Opportunity in Apprenticeship and Training; and (d) Request for registration is: (i) In writing, (ii) Made by the applicant sponsor, (iii) Addressed to the Director, and (iv) Submitted with all required documents and data, as required by the Council. (2) An approved apprenticeship program shall be registered and issued a certificate of registration. (3) An apprenticeship program is considered registered upon approval of the Council. (4) If the employees to be trained have no collective bargaining agent, an apprenticeship program may be proposed for registration by a nonjoint apprenticeship sponsor. B. Registration of Apprentices. (1) An apprentice shall be individually registered under a registered apprenticeship program. (2) To register an apprentice, a sponsor shall file copies of an apprenticeship agreement for approval by the Council. C. Sponsor Responsibilities. (1) A sponsor may not register more apprentices than permitted in the sponsor's approved and registered standards of apprenticeship. (2) Apprentices working on the sponsor's premises, and at each individual job site away from the sponsor's premises, shall work in accordance with the sponsor's approved ratio of apprentices to journeypersons except that the first apprentice may be worked at a job site immediately after the first journeyperson at a job site. (3) A sponsor that is participating in a group nonjoint apprenticeship program registered with the Council may not register an individual program in the same Metropolitan Statistical Area unless the sponsor: (a) Shows just cause that an individual program is needed; and (b) Is starting an apprenticeship program in an occupation not covered by the group nonjoint apprenticeship program, or terminating the sponsor's participation in the group nonjoint apprenticeship program. (4) A sponsor shall agree that, in order to determine compliance, any Council member, the Director, or any designee of the Director, with proper notice, may visit a job site or other location where apprentices work or are trained. (5) All individual participating employers in a group nonjoint apprenticeship program shall agree in writing to all registered provisions of the apprenticeship program standards. D. Change to Registered Program. (1) A sponsor shall promptly submit any change to a registered apprenticeship program in writing to the Council for approval. (2) An approved change shall be recorded as an amendment to the apprenticeship program. E. Collective Bargaining Agreements. For an apprenticeship program proposed for registration by a joint apprenticeship committee where the standard, collective bargaining agreements, or other instruments, provide for participation by a union in the operation of the substantive matters of the apprenticeship program, the following apply: (1) Where the participation is exercised, written acknowledgment of union agreement or “no objection” to the registration is required; and (2) Where no participation is evidenced and practiced: (a) The employer or employers' association shall furnish to a union local, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the apprenticeship program, (b) The Council, upon receipt of the application and apprenticeship program, shall send, by certified mail to the union local, a copy of the application and the apprenticeship program, (c) An opportunity is provided for the union local to review, comment, approve, or reject the content of the apprenticeship program within 30 days, and (d) Notice is given that union comments of the union local are accepted for 30 days after the date of the Council transmittal. F. Temporary Staffing Agencies. A temporary staffing agency that offers temporary staffing services and does not have day-to-day control of work assignments and supervision of employees is not eligible for registration as a sponsor. #### Regulation .04 Criteria for an Apprenticeable Occupation. *COMAR 09.12.43.04* An apprenticeable occupation is a skilled trade that: A. Is customarily learned in a practical way through on-the-job training; B. Can be clearly identified and commonly recognized throughout an industry; C. Is not a part of an occupation previously recognized by the Council as apprenticeable unless that part is practiced industrywide as an identifiable and distinct trade; D. Involves manual, mechanical, or technical skills and knowledge, which require a minimum of 2,000 hours of work and on-the-job training, not including the hours spent on related instruction; E. Requires related instruction supplemental to the on-the-job training which may be given: (1) In a classroom, (2) Through correspondence courses, (3) By self-study, or (4) By other means of instruction approved by the Council; and F. Involves the development of a skill which is not restricted in application to the products of any one company, but which is broad enough to be applied in similar occupations throughout an industry. #### Regulation .05 Standards of an Apprenticeship Program. *COMAR 09.12.43.05* A. The apprenticeship program shall be an organized, written plan which includes the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation. B. A sponsor of an apprenticeship program shall operate in accordance with or abide by the standards of the apprenticeship program. C. Apprenticeship program standards shall include the following: (1) The equal opportunity pledge prescribed in the Maryland State Plan for Equal Employment Opportunity in accordance with COMAR 09.12.42.04A; (2) If applicable, an affirmative action plan in accordance with COMAR 09.12.42.04A; (3) A selection method authorized in COMAR 09.12.42.06; and (4) The requirements of an apprenticeship program in accordance with §D of this regulation. D. An apprenticeship program shall include the following provisions: (1) The employment and training of the apprentice in a skilled occupation; (2) A term of apprenticeship, which for an individual apprentice: (a) May be measured through either a time-based approach, a competency-based approach, or a hybrid approach; and (b) Is determined by the program sponsor, subject to approval by the Division, with the advice of the Council, depending on which approach is appropriate for the apprenticeable occupation for which the program standards are registered; (3) A work processes outline which: (a) Includes the allocation of the approximate time to be spent in each major work process, and (b) Is an organized syllabus of operations and manual manipulative practices which shall be arranged in a logical manner and assigned sufficient time frames for these practices to equip an apprentice with a comprehensive basic skill development background to qualify for journeyperson or another stated training objective; (4) Related instruction requirements as described in §E of this regulation; (5) Apprentice wage rates as described in §F of this regulation; (6) Progress records as described in §G of this regulation; (7) Ratio of journeypersons to apprentices as described in §H of this regulation; (8) Probationary period requirements as described in §I of this regulation; (9) Safety equipment practices as described in §J of this regulation; (10) Minimum age requirements as described in §K of this regulation; (11) Placement of an apprentice under an apprenticeship agreement as required by law, with the apprenticeship agreement incorporating the registered standards; (12) Credit for experience requirements as described in §L of this regulation; (13) Transfer of employer's training obligation to another employer, when warranted, with full credit to apprentice for satisfactory time and training earned; (14) Assurance of qualified training personnel; (15) Recognition for successful completion of apprenticeship evidenced by a certificate of completion issued by the Council; (16) Identification of the Council; (17) The registration and cancellation of the apprenticeship program and the prompt submission of any modification or amendment to the apprenticeship program; (18) Registration of an apprenticeship agreement, modification, and amendment; (19) Notice to the Council of persons who have successfully completed apprenticeship programs and notice and cause of cancellations, suspensions, and termination of apprenticeship agreements; (20) A statement that the program will be conducted, operated, and administered in conformity with the Maryland State Plan for Equal Employment Opportunity; (21) Name and address of the appropriate authority under the program to receive, process, and make disposition of complaints; and (22) Recording and maintenance of all records concerning apprenticeship required by the Council and other applicable law. E. Related Instruction. (1) A minimum of 144 hours of instruction for each year of apprenticeship or the numbers of hours necessary to cover related courses required by the program sponsor is required. (2) Instruction may be provided: (a) In a classroom; (b) Through trade, industrial, or correspondence courses of equivalent value; or (c) Through other forms of approved self-study. F. Apprentice Wage Rates. (1) A progressively increasing schedule of wages shall be paid to the apprentice. (2) Apprentice wage rates established by a collective bargaining agreement shall be accepted by the Council for apprentices covered by the agreement. (3) For a program where wage rates are not established by collective bargaining agreements: (a) The progressively increasing schedule of apprentice wage rates shall be expressed in percentages of the journeyperson hourly rate; (b) Rates shall represent the minimum for each incremental period of apprenticeship; (c) The journeyperson hourly rate for each trade included in a registered program shall be the average journeyperson hourly rate applicable to the participant employer and shall be stated in dollars and cents; (d) The entry wage may not be less than the State minimum wage, if applicable, unless a higher wage is required by other applicable federal law, State law, or respective regulations; and (e) Any modification of wage progression or journeyperson wage shall be promptly reported to the Council. G. Progress Records. (1) Periodic review and evaluation of an apprentice's progress in job performance and related instruction shall be conducted. (2) Appropriate progress records shall be maintained. (3) Upon request, progress records shall be submitted to the Council for review. H. Ratio of Journeypersons to Apprentices. (1) Each program shall have a minimum ratio of one journeyperson regularly employed for one apprentice consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements. (2) Deviation from the minimum ratio, including the bargaining agreements, is not permitted unless first submitted to the Council in writing for its approval. I. Probationary Period. (1) A probationary period covering employment and instruction shall be reasonable in relation to the full apprenticeship term with full credit for the period toward completion of the apprenticeship agreement. (2) The probationary period may not exceed 1/4 of the full term of the apprenticeship agreement. (3) During the probationary period, upon written notice to the Council, the apprenticeship agreement may be terminated without cause by either party to the agreement. (4) After the probationary period, the apprenticeship agreement may be suspended, canceled, or terminated for good cause provided: (a) Due notice is given to the apprentice; (b) A reasonable opportunity for corrective action is provided; and (c) Written notice of the final action is given to the apprentice and the Council. J. Safety Equipment Practices. (1) The program sponsor shall provide: (a) Adequate and safe equipment and facilities for training and supervision; and (b) Safety training for apprentices on the job and in related instruction. (2) The standards of the apprenticeship program shall include a statement that the instructor, supervisor, journeyperson, or master who is supervising the work of the apprentice is responsible for giving instruction in safe working methods and techniques in each operation as it is encountered in accordance with the Maryland Occupational Safety and Health Law and operating codes for the trade. K. Minimum Age. (1) An individual entering an apprenticeship agreement shall be 16 years old or older. (2) An apprentice younger than 18 years old shall have a work permit. L. Advanced Standing or Credit for Previously Acquired Experience, Training, Skills, or Aptitude. (1) Upon a showing of satisfactory evidence, advanced standing or credit up to 50 percent of on-the-job training or related instruction, or both, may be granted to an apprentice for previously acquired experience, training, skills, or aptitude, provided that wages shall be commensurate for any progression step of advanced standing or credit awarded. (2) In order for a specific apprentice to obtain credit for more than 50 percent of these requirements, the sponsor shall: (a) Send a written request to the Council detailing why the credit should be granted; and (b) Obtain the explicit written approval of the Council to grant the credit to the apprentice. (3) If the request is based on the apprentice's previous experience, training, skills, or aptitude, the request shall detail: (a) The number of years of experience, training, skills, or aptitude in the trade; and (b) The sponsor's judgment regarding the quality of the apprentice's experience, training, skills, or aptitude in relation to the sponsor's requirements. (4) If the request is based on the fact that the apprentice has already completed more than 50 percent of the program but has not been registered, the sponsor shall make an adequate showing of good cause as to why the apprentice was not registered in a timely fashion. #### Regulation .06 Certificate of Completion of Apprenticeship. *COMAR 09.12.43.06* To receive a certificate of completion of apprenticeship, an apprentice shall successfully complete both the required related instruction and the on-the-job training while in the employ of and under the supervision of a registered apprenticeship program sponsor. #### Regulation .07 Apprenticeship Agreement. *COMAR 09.12.43.07* A. The apprenticeship agreement shall be on a form approved by the Council and shall contain: (1) The name and signature of the: (a) Apprentice; (b) Program sponsor; and (c) Parent or guardian, if the apprentice is a minor; (2) The date of birth of the apprentice; (3) The name and address of the program sponsor and registration agency; (4) A statement of the trade or craft which the apprentice is to be taught; (5) The beginning date and term of apprenticeship; (6) A statement showing the number of hours to be spent by the apprentice in: (a) Work on the job; and (b) Related and supplemental instruction; (7) A statement setting forth: (a) A schedule of work processes in the trade or industry divisions which the apprentice is to be taught; and (b) The approximate time to be spent at each process; (8) When the program sponsor has granted credit toward work experience, the credit in relation to the respective work processes; (9) The progressive scale of wages to be paid the apprentice and a statement as to whether or not the required time spent at related instruction is compensated; (10) Statements providing for a reasonable period of probation in relation to the apprenticeship term; (11) A reference incorporating, as part of the agreement, the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement; (12) A statement that the apprentice shall be given equal opportunity in all phases of apprenticeship employment and training without discrimination because of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex or age, unless sex or age constitutes a bona fide occupational qualification, or the physical or mental disability of a qualified individual with a disability; (13) A statement that the Council is the appropriate authority designated under the program to receive, process, and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established trade procedure or applicable collective bargaining provisions; and (14) A statement that, if the registration of the program has been canceled or revoked, the apprentice shall be notified by the sponsor within 15 days of the cancellation or revocation. B. The apprentice shall be given an opportunity to read the sponsor's approved standards before signing the apprenticeship agreement. #### Regulation .08 Standards for Hours of Work, Working Conditions, and Related Instruction Facilities. *COMAR 09.12.43.08* A. Hours of Work. (1) The regular work day and work week for apprentices shall conform to all applicable laws and regulations. (2) Overtime may not: (a) Interfere with or impair training; or (b) Be detrimental to the health and safety of an apprentice. B. Working Conditions. (1) Working and all other conditions of employment for an apprentice shall conform with all laws and regulations affecting the health, welfare, and safety of the apprentice. (2) An apprentice shall: (a) Work under and with competent journeypersons or instructors; and (b) Be assigned to work and learn tasks so that the apprentice obtains the diversified training on the job provided for in the apprenticeship standards. C. Related Instruction Facilities. (1) Program sponsors are encouraged to use existing local public vocational school facilities in formulating and establishing courses of related instruction. (2) Alternative facilities are acceptable as meeting the related instruction requirement if: (a) Public vocational school facilities are not available or not suitable; or (b) The sponsors prefer to use: (i) Private educational facilities existing within a trade or an industry, (ii) Supervised self-study courses, or (iii) The facilities of a private or public institution of higher learning. #### Regulation .09 Responsibilities of the Sponsor. *COMAR 09.12.43.09* The sponsor shall: A. Recruit and interview applicants, schedule testing, instruct applicants on completing applications, and brief applicants for interviews; B. Keep application records up to date; C. Indoctrinate new apprentices, assign apprentices for training, and recommend remedial work, if needed; D. Arrange for related instruction; E. Assist in the selection of and supervise classroom instructors, supervise the in-class instruction, and conduct workshops for instructors, if applicable; F. Prepare and disburse course materials, and revise or update course materials for apprentices, journeypersons, and instructors, if applicable; G. Develop, purchase, assemble, and keep in repair all training aids and instructional materials for the classroom, if applicable; H. Maintain accurate records on apprentice grades, progress, attendance, and work experience; I. Evaluate journeyperson's and employer's reports on apprentices for the full duration of the apprenticeship; and J. Evaluate the progress of apprentice work experience and verify and certify work hours, progress, and payroll for those apprentices who are entitled to benefits under the G.I. Bill and other local, State, and federal employment and training programs. #### Regulation .10 Apprenticeship Training. *COMAR 09.12.43.10* A. Apprentice training shall be provided by a qualified individual who is in a position to relate directly to the apprentice's work. B. The arrangement shall be made known to both the apprentice and the individual to whom supervisory responsibility is delegated. C. Qualifications of an Instructor. (1) An instructor shall be a capable, practical individual, who is selected or approved by the sponsor or one who is designated with this authority by the apprenticeship committee for the trade. (2) The individual conducting the training may be a supervisor, a journeyperson, or the owner. #### Regulation .11 Records and Reports. *COMAR 09.12.43.11* A. A program sponsor shall keep, in a manner and form as required by the Council, adequate records of all phases of the operation of the apprenticeship program, including, but not limited to: (1) Job assignments; (2) Promotion; (3) Demotion; (4) Layoff or termination; (5) Rates of pay or other forms of compensation or conditions of work; and (6) Any other records pertinent to a determination of compliance with Labor and Employment Article, Title 11, Subtitle 4, Annotated Code of Maryland. B. In addition to information provided during regular field inspections, each program sponsor and each apprentice shall promptly submit reports to the Director as the Council in its discretion may require. C. Reports shall be made on forms prescribed by the Council. #### Regulation .12 Financial Aspects of the Program Sponsor. *COMAR 09.12.43.12* The Council shall have reasonable proof and assurance that the program sponsor has adequate financial means to ensure the successful completion of the apprenticeship. #### Regulation .13 Inactive Program Status. *COMAR 09.12.43.13* A. If a registered program sponsor does not have a registered apprentice involved in an on-the-job training or related instruction activity for a 1-year period, the Council shall: (1) Place the program in inactive status; and (2) Notify the sponsor of the inactive status. B. An inactive program may be reactivated: (1) Within a 1-year period after placement in inactive status, by the sponsor registering a new apprentice; or (2) After a 1-year period, by the Council, after a review to ensure that the following are current with industry practice: (a) Standards, (b) Work processes, and (c) Related instruction. #### Regulation .14 Deregistration of a Registered Program. *COMAR 09.12.43.14* Deregistration of a program may be carried out on: A. The voluntary action of the sponsor by a request for cancellation of the registration; or B. Reasonable cause by the Council instituting formal deregistration proceedings in accordance with this regulation. #### Regulation .15 Request for Cancellation of Registration. *COMAR 09.12.43.15* Upon written request for cancellation by the sponsor, the Council may cancel, in writing, the registration of an apprenticeship program subject to, but not limited to, the following: A. The registration is canceled at the sponsor's request with the effective date of the cancellation determined by the Council; B. Within 15 days of the date of receipt of cancellation from the Council, the sponsor shall: (1) Notify all apprentices: (a) Of the cancellation and its effective date, (b) That the cancellation automatically deprives the apprentice of individual registration, and (c) That the deregistration of the program removes the apprentice from coverage for State and federal purposes; and (2) Submit the names and addresses of the apprentices affected in writing to the Council. #### Regulation .16 Formal Deregistration. *COMAR 09.12.43.16* A. Reasonable Cause. Deregistration proceedings may be undertaken when the apprenticeship program is not conducted, operated, and administered in accordance with the registered provisions or the requirements of this chapter. Deregistration proceedings for violation of equal opportunity requirements are processed in accordance with the provisions of COMAR 09.12.42. B. Voluntary Correction. (1) In its discretion, the Council may allow the sponsor a reasonable time to achieve voluntary corrective action. (2) If, after the time allowed by the Council, the apprenticeship program is not operating in accordance with the registered provisions or requirements, the apprenticeship program shall be deregistered. C. Notice of Violations. (1) When there is evidence a program is not being operated in accordance with the registered standards, the Council shall notify the program sponsor in writing. (2) The notice shall be sent by certified mail with return receipt requested and shall state: (a) The violations; (b) The remedy required; and (c) That a determination of reasonable cause for deregistration will be made unless corrective action is taken within 30 days. D. Extension. (1) Upon request by the sponsor for cause, the 30-day term may be extended for another 30 to 60 days, as the Council considers reasonable. (2) During the period for correction, the sponsor shall be assisted in every reasonable way to achieve conformity. E. Failure to Correct. If the required correction is not carried out within the allotted time, the Council shall issue a notice to the sponsor by certified mail, return receipt requested, which specifies: (1) That notice is being sent under this subsection; (2) That the sponsor has failed or refused to correct certain deficiencies and requested remedial measures; (3) The date of the occasions and letters; and (4) That based on the stated deficiencies and failure of remedy, a determination of reasonable cause has been made and the program may be deregistered, unless, within 15 days of the receipt of the notice, the sponsor requests a hearing. F. If a sponsor does not request a hearing under §E(4) of this regulation, the: (1) Director shall transmit to the Council a report containing: (a) Pertinent facts and circumstances concerning the nonconformity, including findings and recommendation for deregistration, (b) A copy of relevant documents and records, and (c) A statement concerning any interview, meeting, or conference, including the time, date, place, and persons present; and (2) Council shall make a final order on the basis of the record before them. G. Request for Hearing. (1) If the sponsor requests a hearing within the time period in §E(4) of this regulation: (a) The Director shall submit a report containing the data listed in §F(1) of this regulation to the Office of Administrative Hearings; (b) The Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .19 of this chapter; and (c) An administrative law judge shall conduct the deregistration hearing and submit proposed findings of fact and recommended decisions in writing to the Council. (2) The Council shall make a final decision on the basis of the record before it. H. Notice of Deregistration. In each case in which deregistration is ordered, the Council shall: (1) Give public notice of the order; and (2) Notify: (a) The sponsor, (b) All registered apprentices participating in the program, and (c) All federal, State, and local agencies involved. I. The order of deregistration shall contain a provision that the sponsor, within 15 days of the effective date of the order, shall notify all registered apprentices: (1) Of the deregistration of the program; (2) Of the effective date; (3) That the cancellation automatically deprives the apprentice of individual registration; and (4) That the deregistration removes the apprentice from coverage for State and federal purposes. #### Regulation .17 Deregistration of Defunct Programs. *COMAR 09.12.43.17* A. A sponsor that has ceased operation of an apprenticeship program without having notified the Council and requested voluntary deregistration in accordance with Regulation .15 of this chapter may be deregistered in accordance with this section. B. Verification of Operation. (1) If it appears that a program sponsor has ceased operations, gone out of business, or moved out of the State, the Director shall make reasonable efforts to ascertain whether the program sponsor is operating an apprenticeship program. (2) The Director shall submit to the Council: (a) A report containing all pertinent facts and circumstances concerning the Director's efforts to ascertain whether the program sponsor has ceased operating an apprenticeship program; and (b) Copies of all relevant documents and records substantiating the Director's efforts. C. Notice to Program Sponsor. (1) If, based upon the Director's report, the Council determines that the program sponsor has ceased operation, the Council shall notify the program sponsor in writing of the Council's: (a) Determination of reasonable cause; and (b) Intent to deregister the apprenticeship program. (2) Notice of deregistration from the Council shall: (a) Be sent by certified mail with return receipt requested to the sponsor's last known address; and (b) State that the: (i) Program sponsor appears to have ceased operation, (ii) Council has made a determination of reasonable cause to deregister the program, and (iii) Apprenticeship program is automatically deregistered within 30 days of the date of the notice unless the sponsor, within 15 days of receipt of the notice, requests a hearing under §E of this regulation or provides the Council with evidence of continued business operation in the State, including, but not limited to, a current business address and telephone number as to where the apprenticeship program is being conducted. D. Automatic Deregistration. (1) If a request for a hearing is not made and evidence of continued business operation in the State is not provided, the apprenticeship program shall be automatically deregistered 30 days from the date of the notice. (2) The Council shall: (a) Give public notice of the deregistration; and (b) Notify all federal, State, and local agencies involved together with any registered apprentices remaining in the apprenticeship program. E. Request for Hearing. If the sponsor requests a hearing: (1) The Director shall transmit to the Office of Administrative Hearings a report containing all the information listed in §B(2) of this regulation; (2) The Council shall request that the Office of Administrative Hearings convene a hearing in accordance with Regulation .19 of this chapter; (3) An administrative law judge shall: (a) Conduct a deregistration hearing, and (b) Submit, in writing to the Council, proposed findings of fact and a recommended decision; and (4) The Council shall make a final decision on the basis of the record before it. F. Evidence of Continued Operation. (1) Instead of requesting a hearing, the sponsor may, within 15 days of receipt of the notice, provide the Council with evidence of continued operation in the State. (2) The timely submission of evidence of continued operation in the State is considered a request for a hearing. (3) If, after reviewing the evidence presented, the Council determines that the evidence of continued operation is insufficient, the Council shall refer the matter to the Office of Administrative Hearings for a deregistration hearing in accordance with this regulation. G. Notice of Deregistration. If, after a hearing, deregistration is ordered, the Council shall: (1) Give public notice of the order; and (2) Notify: (a) The sponsor, and (b) All federal, State, and local agencies involved together with any registered apprentices remaining in the apprenticeship program. H. Applicable Deregistration Proceedings. (1) The deregistration proceedings of this section apply when the Council has reasonable cause to believe the program sponsor is no longer operating. (2) If the Council's determination of reasonable cause is made based upon other grounds, deregistration proceedings shall follow the procedures of Regulation .15 of this chapter. #### Regulation .18 Reinstatement of Program Registration. *COMAR 09.12.43.18* An apprenticeship program deregistered under Regulations .14—.17 of this chapter may be reinstated upon presentation of adequate evidence that the apprenticeship program is operating in accordance with this chapter. #### Regulation .19 Hearings. *COMAR 09.12.43.19* A. Notice of Hearing. (1) Within 10 days of receipt of a request for hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge. (2) The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the appropriate sponsor. (3) The notice shall include: (a) A reasonable date, time, and place of the hearing; (b) Reference to the provisions of this subtitle under which the hearing is being held; and (c) A concise statement of the matters under which the action forming the basis of the hearing is proposed to be taken. B. Conduct of Hearings. (1) The administrative law judge shall: (a) Regulate the course of the hearing; and (b) On the basis of the record: (i) Make proposed findings, and (ii) Recommend decisions. (2) Hearings shall be informally conducted. (3) All parties have the right to counsel and a fair opportunity to present the case, including cross-examination as may be appropriate in the circumstances. C. Rules of Procedure. (1) All hearings shall be public. (2) The administrative law judge shall explain the purpose and nature of the hearing. (3) The following exhibits shall be introduced: (a) The written complaint; (b) Acknowledgment of complaint; (c) Preliminary investigation; and (d) Written request for hearing. (4) Rules of evidence in all hearings shall be as set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland. (5) A party involved in the complaint may appear at the hearing in person or by counsel. (6) All decisions of the Council shall be in writing and given to each party involved. #### Regulation .20 Limitation. *COMAR 09.12.43.20* Nothing in this chapter or in an apprenticeship agreement shall operate to invalidate: A. An apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards; or B. Special provisions for veterans, minority persons, or females in the standards, apprentice qualifications, or operation of the program or in the apprenticeship agreement, which is not otherwise prohibited by law. #### Regulation .21 Complaints. *COMAR 09.12.43.21* A. A complaint concerning discrimination or other equal opportunity matter shall be submitted, processed, and resolved in accordance with the applicable provisions of COMAR 09.12.42. B. Except for matters covered under this regulation, any controversy or difference arising under an apprenticeship agreement which cannot be adjusted locally, or which is not covered by a collective bargaining agreement, may be submitted by an apprentice or an authorized representative to the Council for review. C. Matters covered by a collective bargaining agreement shall be submitted and processed in accordance with the procedures provided in the agreement. D. The complaint shall: (1) Be in writing; (2) Be signed by the complainant or an authorized representative; (3) State specific matters complained of, together with all relevant facts and circumstances; (4) Include copies of all pertinent documents and correspondence; and (5) Be submitted within 60 days of the final local decision. E. Opinion of the Council. (1) Based upon investigation of the matters submitted as may be found necessary and the record before it, the Council shall issue an opinion within 90 days after receipt of the complaint. (2) During the 90-day period, the Director shall make a reasonable effort to obtain a satisfactory resolution between the parties involved. (3) If the complaint is resolved by the Director during the 90-day period, the parties shall be notified that the case is closed. (4) If an opinion is issued, copies shall be sent to all interested parties. F. This regulation does not prohibit the apprentice from electing to resort to any forum or procedure, other than that of the registration agency, that may be available for the disposition of the complaint, or to institute appropriate court proceedings. #### Regulation .22 Waiver. *COMAR 09.12.43.22* The Council or the Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with applicable law. ### Chapter 44 — *VACANT* ### Chapter 45 — Farm Labor Contractor Registration **Authority:** Labor and Employment Article, §§2-106(b)(6) and 7-403; State Government Article, §10-206; Annotated Code of Maryland **Administrative History:** Effective date: May 20, 1985 (12:10 Md. R. 960) **Administrative History:** Regulation .02 amended effective March 2, 1992 (19:4 Md. R. 472) **Administrative History:** Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 472) **Administrative History:** Regulation .05A, B, and D amended effective March 2, 1992 (19:4 Md. R. 472) **Administrative History:** Regulation .06C amended effective March 2, 1992 (19:4 Md. R. 472) **Administrative History:** Regulation .07 adopted effective March 2, 1992 (19:4 Md. R. 472) **Administrative History:** Chapter revised effective September 3, 2012 (39:17 Md. R. 1148) #### Regulation .01 Resident Agent. *COMAR 09.12.45.01* A resident agent shall be an adult or other person as required by Labor and Employment Article, §7-302(b)(9), Annotated Code of Maryland, who: A. Is a domiciliary of Maryland; and B. Has agreed to serve as resident agent for the farm labor contractor. #### Regulation .02 Security to Assure Compliance. *COMAR 09.12.45.02* A. After receipt of a certified record of violation pursuant to Labor and Employment Article, §7-312, Annotated Code of Maryland, the Commissioner may require a farm labor contractor to post a surety bond or other security: (1) Maintained in the sum of $10,000 for each farm labor contractor required to post security; (2) Signed by the farm labor contractor as principal; (3) Signed by a surety company authorized to do business in this State as surety; (4) Payable to the State of Maryland as obligee; and (5) Conditioned on the compliance of the farm labor contractor with the provisions of the laws and regulations of this State. B. The bond shall provide the required coverage for the full period during which the farm labor contractor's license is valid. C. The surety company which has issued the bond shall notify the Commissioner of the cancellation of the bond at least 30 days before the cancellation. D. The Commissioner may certify the record of a proceeding in which a farm labor contractor has been found to have violated the provisions of the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland, or of any rule, regulation, or order of the Commissioner. #### Regulation .03 Vehicle Liability Insurance. *COMAR 09.12.45.03* A. A farm labor contractor may not use, or cause to be used, a vehicle to transport migrant agricultural workers in this State unless the farm labor contractor has purchased an insurance policy in amounts not less than the following: B. The insurance policy shall be obtained from a company authorized to do business as an insurance company in this State. C. A certificate of insurance in the required amounts shall be filed with the Commissioner before the issuance of a license. D. The insurance company which has issued the insurance policy shall notify the Commissioner of the cancellation of the policy at least 30 days before the cancellation. #### Regulation .04 Citations. *COMAR 09.12.45.04* A. Issuance. (1) If, after investigation, the Commissioner believes a farm labor contractor or agricultural operation has violated a provision of either the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland, or a regulation adopted to carry out this Act, the Commissioner shall, with reasonable promptness, issue a citation to the farm labor contractor or agricultural operation. (2) A citation shall: (a) Be in writing; (b) Describe with particularity the nature of the alleged violation; (c) Reference the provision of law or regulation allegedly violated; and (d) State the penalty, if any, that the Commissioner proposes to assess under the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland. (3) A citation shall be accompanied by a notice that informs a party cited that, within 15 working days after receipt of the citation, the party may submit to the Commissioner a written notice of contest to the citation or penalty. (4) A citation may not be issued after the expiration of 6 months following the occurrence of an alleged violation. B. Enforcement. (1) A party to whom a citation is issued may file with the Commissioner a written notice of contest to the citation or proposed penalty. The notice shall be: (a) In writing; and (b) Postmarked within 15 working days of the date on which the party received the citation. (2) If a party does not file proper notice of contest, the citation and any penalty proposed in it become final upon the expiration of 15 working days following the party's receipt of the citation. (3) If a party files a notice of contest in accordance with this regulation, the Commissioner shall set and conduct a hearing and issue a written determination in accordance with the requirements of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. ### Chapter 46—49 — *VACANT* ### Chapter 50 — Model Performance Code **Authority:** Public Safety Article, §12-201(f), Annotated Code of Maryland **Administrative History:** Effective date: April, 1973 **Administrative History:** Regulation .01 amended effective December 30, 1985 (12:26 Md. R. 2542) **Administrative History:** Regulation .02C adopted effective December 30, 1985 (12:26 Md. R. 2542) **Administrative History:** Regulation .03 amended effective August 6, 1975 (2:17 Md. R. 1188); March 3, 1976 (3:5 Md. R. 295); June 29, 1979 (6:13 Md. R. 1124); March 1, 1983 (10:3 Md. R. 208); December 30, 1985 (12:26 Md. R. 2542) **Administrative History:** Regulations .04 and .05 amended effective November 3, 1978 (5:22 Md. R. 1671) **Administrative History:** Regulations .04E and .05C amended effective December 30, 1985 (12:26 Md. R. 2542) **Administrative History:** Regulation .07A amended effective December 30, 1985 (12:26 Md. R. 2542) **Administrative History:** Regulation .07B amended effective August 6, 1975 (2:17 Md. R. 1188) and November 3, 1978 (5:22 Md. R. 1671); repealed effective December 30, 1985 (12:26 Md. R. 2542) **Administrative History:** Chapter recodified from COMAR 05.01.03 to COMAR 05.02.01 **Administrative History:** Regulation .01B amended effective June 1, 1988 (15:11 Md. R. 1329); July 28, 1997 (24:15 Md. R. 1061); October 15, 2001 (28:1 Md. R. 25); September 20, 2004 (31:6 Md. R. 507); January 1, 2012 (38:24 Md. R. 1499); January 7, 2013 (39:26 Md. R. 1663) **Administrative History:** Regulation .02B amended effective January 1, 2012 (38:24 Md. R. 1499); January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .02D adopted effective January 1, 2012 (38:24 Md. R. 1499) **Administrative History:** Regulation .02-1 adopted effective July 28, 1997 (24:15 Md. R. 1061) **Administrative History:** Regulation .02-1B amended effective October 15, 2001 (28:1 Md. R. 25); September 20, 2004 (31:6 Md. R. 507); July 1, 2007 (34:7 Md. R. 696); January 1, 2010 (36:22 Md. R. 1722); January 1, 2012 (38:24 Md. R. 1499); January 7, 2013 (39:26 Md. R. 1663); January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .03 amended effective June 1, 1988 (15:11 Md. R. 1329); July 22, 1991 (18:14 Md. R. 1609); July 28, 1997 (24:15 Md. R. 1061); October 15, 2001 (28:1 Md. R. 25) **Administrative History:** Regulation .03A amended effective January 1, 2010 (36:22 Md. R. 1722); January 1, 2012 (38:24 Md. R. 1499); January 7, 2013 (39:26 Md. R. 1663); January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .04D amended effective July 1, 2007 (34:7 Md. R. 696) **Administrative History:** Regulation .04E amended effective June 1, 1988 (15:11 Md. R. 1329); October 15, 2001 (28:1 Md. R. 25); September 20, 2004 (31:6 Md. R. 507); July 1, 2007 (34:7 Md. R. 696); January 1, 2012 (38:24 Md. R. 1499); January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .05D, E amended effective October 15, 2001 (28:1 Md. R. 25) **Administrative History:** Chapter recodified from COMAR 05.02.01 to COMAR 09.12.50 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .01B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .02A, B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .02B amended effective May 29, 2023 (50:10 Md. R. 407) **Administrative History:** Regulation .02-1 amended effective May 29, 2023 (50:10 Md. R. 407) **Administrative History:** Regulation .02-1B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .03 amended effective March 25, 2019 (46:6 Md. R. 345); May 29, 2023 (50:10 Md. R. 407) **Administrative History:** Regulation .04A, E amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .07 amended effective March 25, 2019 (46:6 Md. R. 345) #### Regulation .01 Definitions. *COMAR 09.12.50.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Labor. (2) “ICC” means the organization known as the International Code Council. (3) “High performance home” has the meaning stated in Public Safety Article, §12-509(a), Annotated Code of Maryland. (4) Hotel. (a) “Hotel” means an establishment that offers sleeping accommodations for compensation. (b) “Hotel” does not include a bed and breakfast establishment. (5) “Industrialized building” has the meaning stated in Public Safety Article, §12-301(d), Annotated Code of Maryland. (6) “Master control device” means: (a) A control that is activated when a person enters the room through the primary room-access method; or (b) An occupancy sensor control that is activated by a person’s presence in the room. (7) “Model Performance Code” or “Model Code” means the Model Performance Code for building construction as detailed in Regulation .03 of this chapter. (8) “NFPA” means National Fire Protection Association, Inc. (9) “Person” means any private individual, firm, or corporation and any public officer or agency. (10) “Regulations” means the regulations as defined in Regulation .02 of this chapter. (11) “Secretary” means the Secretary of Labor or a designated representative. (12) “State certified inspector” means an individual qualified by reason of experience, training, and/or examination, to inspect buildings for compliance with the State Model Performance Code, and certified pursuant to Regulation .07 of this chapter. #### Regulation .02 General. *COMAR 09.12.50.02* A. Title. These regulations shall be known and may be cited as the Model Performance Code. Except as otherwise indicated, “regulations” as used in this chapter shall mean the Model Performance Code. B. Application. (1) These regulations may not be binding upon any subdivision of the State unless the subdivision adopts the Model Performance Code, by law, ordinance, or resolution of its governing body referring to the Model Performance Code. (2) For industrialized buildings approved by an approved testing facility under COMAR 09.12.52 after the effective date of these regulations: (a) This chapter and the codes incorporated by reference apply to any approved building provided that construction begins within 6 months after the Department’s adoption of the 2024 edition of the International Building Code; and (b) The approved testing facility shall state in its approval letter to the Department and the manufacturer of the building: (i) (text unchanged) (ii) That approval will expire for a building unless construction begins within 6 months after Department’s adoption of the 2024 edition of the International Building Code. (3) For industrialized buildings approved by an approved testing facility under COMAR 09.12.52 prior to the effective date of these regulations, the previous version of this chapter and the 2018 International Building Code shall apply provided that construction begins prior to 6 months after the effective date of these regulations C. Equivalency. Nothing in the Model Performance Code is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by the Model Code, providing technical documentation is submitted to the authority having jurisdiction to demonstrate equivalency, and the system, method, or device is approved for the intended purpose. D. The Department encourages home builders to construct new high performance homes. #### Regulation .02-1 Incorporation by Reference. *COMAR 09.12.50.02-1* A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) 2021 International Building Code (International Code Council), which is incorporated by reference in COMAR 09.12.51.04A(1) and as modified in COMAR 09.12.51.04B. (2) 2021 International Plumbing Code (International Code Council) modified as follows: (a) For industrialized building construction delete §404 and replace with COMAR 09.12.53 Maryland Accessibility Code; and (b) For all other building construction, the plumbing code requirements and modifications adopted under Business Occupations and Professions Article, §§12-101—12-702, Annotated Code of Maryland, apply. (3) National Electric Code, 2020 Edition (NFPA 70), except in Article 210.8(F) Ground-Fault Circuit Interrupter Protection for Personnel, Outdoor Outlets Exception include “and heating, air-conditioning, and refrigeration equipment that serve the dwelling.” (4) 2021 International Residential Code for One- and Two-Family Dwellings (International Code Council), which is incorporated by reference in COMAR 09.12.51.04A(2) and as modified in COMAR 09.12.51.04C. (5) 2021 International Mechanical Code (International Code Council). (6) 2021 International Energy Conservation Code (International Code Council), which is incorporated by reference in COMAR 09.12.51.04A(3) and as modified in COMAR 09.12.51.04D. (7) 2012 International Green Construction Code (International Code Council, 500 New Jersey Avenue, N.W., 6th Floor, Washington DC 20001). #### Regulation .03 Model Performance Code. *COMAR 09.12.50.03* A. The standards incorporated by reference in Regulation .02-1 of this chapter constitute the Model Performance Code for building construction in the State. B. If a builder desires to or has been requested to construct a building to the International Green Construction Code (IGCC) standards they may use the IGCC in addition to the other codes in this regulation. C. The Department encourages home builders to construct new high-performance homes. D. Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories is available online at dsd.maryland.gov. #### Regulation .04 Modifications to Model Performance Code. *COMAR 09.12.50.04* A. As stated in Regulation .02B of this chapter, the Model Performance Code is not binding on any subdivision of the State unless specifically adopted by it. A copy of the law, ordinance, or resolution adopting the Model Code shall be sent by the governing body of the adopting subdivision to the Secretary. Copies of all subsequent laws, ordinances, or resolutions pertaining to the Model Code shall similarly be sent by the governing body to the Secretary. B. After adoption by a subdivision, alteration or modification of the Model Code is prohibited without prior concurrence of the Secretary. C. The Department will regularly consult with local officials to review the application and effectiveness of the Model Code in each adopting subdivision. D. Requests for Changes. (1) Requests for changes, modifications, or exceptions to make the Model Code more effective and useful in any subdivision shall be submitted in writing by certified mail, return receipt requested, to the Secretary by the appropriate authority in the subdivision, together with the reasons for the request. (2) Upon receipt of a request, the Secretary may: (a) Concur with it; (b) Take no action for a period of 30 days after receipt of the request, which shall be deemed concurrence; or (c) Deny the request and notify the requesting subdivision in writing. The Secretary may utilize the 30-day period provided hereby for informal consultation with the requesting subdivision and with any other individuals or groups. (3) Concurrence with requests for special Model Code provisions to meet local conditions will not be unreasonably withheld. E. The administrative sections of Article 1 of the International Building Code are entirely administrative and may require alteration to adapt them to local use. Alterations to these sections of Article 1 are therefore excluded from the requirement of concurrence by the Secretary. However, any alterations shall be forwarded to the Secretary for the Department’s records. #### Regulation .05 Appeals of Code Interpretations or Applications. *COMAR 09.12.50.05* A. If a subdivision provides for a body and procedures to hear building appeals, any person aggrieved by any application or interpretation of the Model Code may obtain review under the procedures. B. Review by this Department shall be granted: (1) If requested by the appeals body referred to in §A. (2) If requested by the aggrieved party before commencement of appeal procedures provided by the subdivision. In that case, the Director of the Building Codes Administration may, in the Director’s discretion, decline to review the question of interpretation or application and remand the question to the subdivision, because the question is of insufficient importance or can be resolved more readily at a local level, or for other reasons. The action is not reviewable. (3) When a building appeals procedure is not provided by the subdivision. C. An aggrieved person requesting review by the Department of an application or interpretation of the Model Code shall do so in writing, addressed to the Director of the Building Codes Administration in the Department, together with a full statement of the circumstances and the reasons for challenge. D. The Director of the Building Codes Administration will normally refer the question of interpretation or application to ICC or NFPA, as the case may be, for answer by their respective interpretation services. The Director is not required to refer the question to ICC or NFPA. The Director shall notify the parties of the referral. E. Within 10 days from the receipt by the Director of the Building Codes Administration of the request for review, or within 10 days from receipt by the Director of an answer from ICC or NFPA when the question has been referred, the Director shall notify the parties of the Director’s decision, with a statement of the reasons for it, including a copy of any communication from ICC or NFPA. F. Review of an adverse decision of the Director of the Building Codes Administration shall be by appeal to the Secretary, filed within 30 days after issuance of the decision by the Director. #### Regulation .06 Code Improvements. *COMAR 09.12.50.06* Any recommendations for changes to improve these regulations should be submitted to the Secretary with an explanation of the modification desired. #### Regulation .07 Training and Certification of Building Inspectors. *COMAR 09.12.50.07* In order to assist local jurisdictions to effectively administer the Model Performance Code, the Department has the responsibility to train and certify building code enforcement officials in any jurisdiction where the Model Performance Code is in effect. ### Chapter 51 — Maryland Building Performance Standards **Authority:** Public Safety Article, §§12-503, 12-507(a)(2), 12-508(g), and 12-510(d), Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01—.09 adopted as an emergency provision effective January 13, 1995 (22:3 Md. R. 148); adopted permanently effective June 5, 1995 (22:11 Md. R. 818) **Administrative History:** Regulation .02 amended effective October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); January 1, 2010 (36:22 Md. R. 1722) **Administrative History:** Regulation .03B amended effective April 7, 1997 (24:7 Md. R. 552); October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); July 16, 2007 (34:14 Md. R. 1245); January 1, 2012 (38:24 Md. R. 1500) **Administrative History:** Regulation .04 amended effective October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); July 1, 2007 (34:7 Md. R. 696); January 1, 2010 (36:22 Md. R. 1722); January 1, 2012 (38:24 Md. R. 1500); October 29, 2012 (39:21 Md. R. 1377); January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .04A, B amended and C adopted effective April 7, 1997 (24:7 Md. R. 552) **Administrative History:** Regulation .04A, D amended effective October 29, 2012 (39:21 Md. R. 1377) **Administrative History:** Regulation .05 amended effective March 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); January 1, 2010 (36:22 Md. R. 1722) **Administrative History:** Regulation .05B amended effective October 29, 2012 (39:21 Md. R. 1377); January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .05C adopted effective October 29, 2012 (39:21 Md. R. 1377) **Administrative History:** Regulation .05C repealed effective January 1, 2015 (41:25 Md. R. 1476) **Administrative History:** Regulation .06 amended effective April 7, 1997 (24:7 Md. R. 552); October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); July 16, 2007 (34:14 Md. R. 1245) **Administrative History:** Regulation .06B amended effective January 1, 2010 (36:22 Md. R. 1722) **Administrative History:** Regulation .07 amended effective April 7, 1997 (24:7 Md. R. 552); October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507) **Administrative History:** Regulation .07A amended effective January 1, 2010 (36:22 Md. R. 1722) **Administrative History:** Regulation .09 amended effective April 7, 1997 (24:7 Md. R. 552) **Administrative History:** Chapter recodified from COMAR 05.02.07 to COMAR 09.12.51 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .03B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .04 amended effective March 25, 2019 (46:6 Md. R. 345); May 29, 2023 (50:10 Md. R. 407) **Administrative History:** Regulation .06B, C amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .07B amended effective March 25, 2019 (46:6 Md. R. 345) #### Regulation .01 Title. *COMAR 09.12.51.01* This chapter shall be known and may be cited as the Maryland Building Performance Standards Regulations. #### Regulation .02 Purpose and Scope. *COMAR 09.12.51.02* The purpose of this chapter is to adopt the International Building Code (IBC), the International Residential Code (IRC), and the International Energy Conservation Code (IECC), as may be modified by the Department, as the Maryland Building Performance Standards, which will provide reasonable protection to the public against hazards to life, health, and property, and to establish the policies and procedures associated with the operation of a data base that contains the Standards, the local amendments, and other related information. #### Regulation .03 Definitions. *COMAR 09.12.51.03* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Agricultural Building. (a) “Agricultural building”, for purposes of Regulation .06B of this chapter only, means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. (b) “Agricultural building” does not include a place of human residence. (2) Agritourism. (a) “Agritourism” means tourism of agricultural farms and buildings by members of the general public for recreational, entertainment, or educational purposes for which tourists may or may not pay fees. (b) Agritourism includes the following activities, when performed by a tourist: (i) Viewing rural activities, farming, ranching, and wine making; (ii) Viewing natural, historical, and cultural resources; and (iii) Harvesting agricultural products. (3) “Building” has the meaning and interpretation set forth in the International Building Code. (4) “Codes Administration” means the Building Codes Administration, an administration within the Department. (5) “County” means any of the 23 counties of the State and the Mayor and City Council of Baltimore. (6) “Department” means the Maryland Department of Labor. (7) “High performance home” has the meaning stated in Public Safety Article, §12-509(a), Annotated Code of Maryland. (8) Hotel. (a) “Hotel” means an establishment that offers sleeping accommodations for compensation. (b) “Hotel” does not include a bed and breakfast establishment. (9) “IBC” means the International Building Code, as incorporated by reference in this chapter. (10) “ICC” means the organization known as the International Code Council. (11) “Local amendment” means: (a) An amendment to the Standards that has been adopted by a local jurisdiction in accordance with applicable local laws and regulations; and (b) A copy of the amendment has been provided to the Department for inclusion in the data base within the following time period: (i) At least 15 days before the effective date of the amendment, or (ii) In the case of an emergency adoption of an amendment, within 5 days of the emergency amendment's adoption. (12) “Local jurisdiction” means the county or municipality responsible for implementation and enforcement of the Maryland Building Performance Standards. (13) “Master control device” means: (a) A control that is activated when a person enters the room through the primary room–access method; or (b) An occupancy sensor control that is activated by a person’s presence in the room. (14) “MBPS” or “Standards” means the Maryland Building Performance Standards established by these regulations. (15) “Municipality” means a municipal corporation subject to the provisions of Article XI-E of the State Constitution. (16) “Person” means an individual, corporation, partnership, association, or any other legal entity authorized to do business in the State. (17) “Structure” has the meaning and interpretation set forth in the IBC. #### Regulation .04 Incorporation by Reference. *COMAR 09.12.51.04* A. In this chapter, the following documents are incorporated by reference: (1) 2021 International Building Code (International Code Council); (2) 2021 International Residential Code for One- and Two-Family Dwellings (International Code Council); and (3) 2021 International Energy Conservation Code (International Code Council). B. Modifications to the International Building Code. (1) Chapter 1. Add note to Chapter 1 of the IBC: Local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Performance Standards. Refer to each local jurisdiction for local amendments to Chapter 1 of the IBC. Each local jurisdiction having authority shall establish, on or before the application date in Regulation .06 of this chapter, implementation and enforcement procedures that include: (a) Review and acceptance of appropriate plans; (b) Issuance of building permits; (c) Inspection of the work authorized by the building permits; and (d) Issuance of use and occupancy certificates. (2) Chapter 1. Add to Exception in Section 101.2 Scope the following: (a) Exception: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall comply with the Maryland Building Rehabilitation Code set forth in COMAR 09.12.58; and (b) Exception: 3. Maintenance of residential structures and premises shall comply with the Minimum Livability Code COMAR 09.12.54. (3) Chapter 1. Delete the Section 101.2.1 Appendices and replace with the following: (4) Chapter 9. Add note to Section 901.1 Scope Fire protection system requirements of Chapter 9 may be concurrently covered in the State Fire Prevention Code, Public Safety Article Title 6 and Title 9, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official. (5) Chapter 10. Add note to Section 1001.1 General: Means of egress requirements of Chapter 10 may be concurrently covered in the State Fire Prevention Code, Public Safety Article, Title 6, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official. (6) Chapter 11. Chapter 11 of the IBC related to accessibility requirements is hereby replaced with the Maryland Accessibility Code set forth in COMAR 09.12.53. A local jurisdiction may adopt and enforce the requirements of Chapter 11 of the IBC to the extent the requirements meet or exceed the requirements set forth in COMAR 09.12.53. (7) Chapter 24. The requirements for safety glazing set forth in Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland, are in addition to Chapter 24, Section 2406 of the IBC related to safety glazing. In the event of a conflict between Chapter 24 of the IBC and the Annotated Code of Maryland, the requirements of the Annotated Code of Maryland prevail. (8) Chapter 27. ELECTRICAL. Add note to Section 2701.1 Scope: The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable electrical requirements, refer to the local electrical code and the National Electrical Code as adopted and enforced by the State Fire Marshal, authorized fire officials, or building officials pursuant to the provisions of Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland. (9) Chapter 28. MECHANICAL SYSTEMS. Add note to Section 2801.1 Scope: The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the mechanical systems, refer to the local mechanical code and the mechanical code adopted pursuant to the provision of Business Regulation Article, §9A-205, Annotated Code of Maryland. (10) Chapter 29. PLUMBING SYSTEMS. Add note to Section 2901.1 Scope: The subject matter of this chapter is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the plumbing systems, refer to the local plumbing code and the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. (11) Chapter 30. The provisions of Chapter 30 of the IBC relate to elevators and conveying systems and are in addition to and not instead of the requirements set forth in Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland. In the event of a conflict between the IBC and the Annotated Code of Maryland, the provisions of the Annotated Code of Maryland prevail. (12) Any rehabilitation work undertaken in an existing building as defined in COMAR 9.12.58 shall comply with the requirements of Maryland Building Rehabilitation Code set forth in COMAR 09.12.58. (13) Modify Section 308.5.1 Classification as Group E. At the end of Section 308.5.1, add “Exception: A childcare facility may be classified as I-4 when the facility is classified as a day care occupancy under the State Fire Prevention Code.” (14) Modify Section 406.2.7 Electric vehicle charging stations and systems. Delete “Accessibility to electric vehicle charging stations shall be provided in accordance with Section 1107.” (15) Modify Section 411.5 Puzzle room exiting. Delete item 3 and replace with “3. All exits and exit access doors from each puzzle room shall be open and readily available upon activation by the automatic fire alarm system, automatic sprinkler system, a manual control at a constantly attended location and shall have a readily accessible control located inside each puzzle room.” (16) Modify Section 510.2 Horizontal building separation allowance with the following: (a) Delete condition 4; and (b) Condition 7. Replace “grade plane” with “lowest level of fire department vehicle access”. (17) Modify Section 907.2.1.1 System initiation in Group A occupancies with an occupant load of 1,000 or more with the following: (a) Replace section title with “System initiation in Group A occupancies with an occupant load of 300 or more; and (b) Replace “1,000” with “300”. (18) Modify Section 1004.8 Concentrated business use areas. Add “nail salons,” after “call centers,” and before “trading floors,”. C. Modifications to the International Residential Code for One- and Two-Family Dwellings: (1) Chapter 1. Scope and Administration: (a) Delete the Section 102.5 Appendices and replace with the following: (b) Add to Exception in Section 101.2 Scope the following: (i) Exception: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy that comply complies with the Maryland Building Rehabilitation Code set forth in COMAR 09.12.58; and (ii) Exception: 3. Maintenance of residential structures and premises shall comply with the Minimum Livability Code COMAR 09.12.54. (2) ENERGY. Chapter 11. ENERGY EFFICIENCY. (a) Modify Section N1101.13.15 Additional energy efficiency, add “4. For buildings complying with Section N1102.1.3.1, the structure shall also comply with the additional energy features in Section N1108.3.” (b) Modify Section N1102.1.1 Above code programs. Add to the end of Section N1102.1.1, “Compliance with the Silver Rating of the ICC/ASHRAE 700-2015 National Green Building Standard as codified in §12-509(a) of the Annotated Code of Maryland shall be considered to be in compliance with this code.” (c) Modify Section N1102.1.3: (i) Add new “N1101.1.3.1 Maryland Alternative R-value. Assemblies with R-value of insulation materials equal to or greater than that specified in Table N1102.1.3.1 shall be an alternative to the U-factor in Table N1102.1 when combined with Section N1108.3. The provisions of Section N1108.2.1 shall be applied to the base model house to establish the reference base design establishing energy efficiency.”; and (ii) Add the following table: (d) Modify Section N1102.2.1 Ceilings with attic spaces with the following: (i) Add “or Section N1102.1.3.1” after “N1102.1.3” and before “requires R-49 insulation”; and (ii) Add “or Section N1102.1.3.1” after “N1102.1.3” and before “requires R-60 insulation”. (e) Modify Section N1102.2.2 Ceilings without attics with the following: (i) Add “or Section N1102.1.3.1” after “N1102.1.3” and before “requires insulation R-values greater than R-30”; and (ii) Add “or N1102.1.3.1” after “N1102.1.3” and before “shall be limited to”. (f) Modify Section N1108 Additional Efficiency Package Options: (i) Add new Section “N1108.3 Maryland Alternative Additional Energy Efficiency Package Options. The provisions of this Section shall be applied as part of the prescriptive compliance path of Section N1102.1.3.1. Additional energy efficiencies from Table N1108.3 must be selected to meet or exceed a minimum percentage increase of 6% for climate Zone 4 and 6% for Climate Zone 5.”; and (ii) Add the following table: (3) MECHANICAL. Chapter 12. MECHANICAL ADMINISTRATION. Add note to Section M1201.1 Scope: The subject matter of chapters 12 through 24 is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the mechanical systems, refer to the local mechanical code and the mechanical code adopted pursuant to the provisions of Business Regulation Article, §9A-205, Annotated Code of Maryland. (4) PLUMBING. Chapter 25. PLUMBING ADMINISTRATION. Add note to Section P2501.1 Scope: The subject matter of chapters 25 through 33 is not within the scope of the Maryland Building Performance Standards. For the applicable requirements concerning the plumbing systems, refer to the local plumbing code and the plumbing code adopted pursuant to the provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. (5) ELECTRICAL. Chapter 34. GENERAL REQUIREMENTS. Add note to Section E3401.1 Applicability: The subject matter of chapters 34 through 43 is not within the scope of the Maryland Building Performance Standards. For the applicable electrical requirements, refer to the local electrical code and the National Electrical Code as adopted and enforced by the State Fire Marshal, authorized fire officials, or building officials pursuant to the provisions of Public Safety Article, Title 12, Subtitle 6, Annotated Code of Maryland. (6) Modify Section P2904.1 by deleting “A backflow preventer shall not be required to separate a sprinkler system from the water distribution system, provided that the sprinkler system complies with all of the following: (a) The system complies with NFPA 13D or Section P2904; (b) The piping material complies with Section P2906; (c) The system does not contain antifreeze; and (d) The system does not have a fire department connection.” D. Modifications to the International Energy Conservation Code. (1) Add a note to Section C101, Scope and General Requirements: Additional requirements concerning energy conservation for buildings and structures may be required by the Energy Conservation Building Standards, Public Utilities Article, §§7-401—7-408, Annotated Code of Maryland, as amended. (2) Add a note to Section C405.2.5 Specific Application Controls: For the new construction of hotels: (a) 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; and (b) 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. (3) Modify Section R102.1.1 Above code programs. Add to the end of Section R102.1.1, “Compliance with the Silver Rating of the ICC/ASHRAE 700-2015 National Green Building Standard as codified in §12-509(a) of the Annotated Code of Maryland shall be considered to be in compliance with this code.” (4) Modify Section R401.2.5 Additional energy efficiency add “4. For buildings complying with Section R402.1.3.1, the structure shall also comply with the additional energy features in Section R408.3.” (5) Modify Section R402.1.3 R-Value Alternative with the following: (a) Add new “R402.1.3.1 Maryland Alternative R-value. Assemblies with R-value of insulation materials equal to or greater than that specified in Table R402.1.3.1 shall be an alternative to the U-factor in Table R402.1.2 when combined with Section R408.3. The provisions of Section R408.2.1 shall be applied to the base model house to establish the reference base design establishing energy efficiency.”; and (b) Add the following table: (6) Modify Section R402.2.1 Ceilings with attic spaces with the following: (a) Add “or Section R402.1.3.1” after “R402.1.3” and before “requires R-49 insulation”; and (b) Add “or Section R402.1.3.1” after “R402.1.3” and before “requires R-60 insulation”. (7) Modify Section R402.2.2 Ceilings without attics with the following: (a) Add “or Section R402.1.3.1” after “R402.1.3” and before “requires insulation R-values greater than R-30”; and (b) Add “or R402.1.3.1” after “R402.1.3” and before “shall be limited to”. (8) Modify Section R408 Additional Efficiency Package Options: (a) Add new Section “R408.3 Maryland Alternative Additional Energy Efficiency Package Options. The provisions of this Section shall be applied as part of the prescriptive compliance path of Section R402.1.3.1. Additional energy efficiencies from Table R408.3 must be selected to meet or exceed a minimum percentage increase of 6% for climate Zone 4 and 6% for Climate Zone 5.”; and (b) Add the following table: Table R408.3 Additional Energy Features1: E. The Department encourages: (1) Home builders to construct new high performance homes; and (2) Local jurisdictions to amend these standards to allow builders to construct high performance homes. #### Regulation .05 Maryland Building Performance Standards. *COMAR 09.12.51.05* A. The IBC, IRC, and IECC, as modified in Regulation .04 of this chapter, shall constitute the Maryland Building Performance Standards. B. Local Amendments. (1) Each local jurisdiction: (a) May by local amendment modify the provisions of the Standards to address conditions peculiar to the local jurisdiction's community; (b) May adopt and amend the IGCC to be part of the Standards applicable in the local jurisdiction. (c) May not adopt any amendments that weaken the requirements of the IECC or Chapter 13 of the IBC; (d) Except as set forth in Public Safety Article, §12-504(a)(1)(iii), Annotated Code of Maryland, may not adopt any amendments that weaken the automatic fire sprinkler systems provisions for townhouses and one- and two-family dwellings contained in the Standards; and (e) May not adopt amendments that weaken the wind design and wind–borne debris provisions contained in the Standards. (2) If a local jurisdiction adopts a local amendment, the Standards as amended by the local jurisdiction shall apply in that local jurisdiction. (3) If a local amendment conflicts with the provisions of the Standards, the provisions of the local amendment shall prevail in the local jurisdiction. (4) Local amendments shall be submitted to the Department: (a) At least 15 days before the effective date of the amendment; or (b) In the case of an emergency adoption of a local amendment, within 5 days after the local amendment's adoption. #### Regulation .06 Application of the Standards. *COMAR 09.12.51.06* A. Except as provided in §§B and C of this regulation, the Standards shall apply to all buildings and structures within the State for which a building permit application is received by a local jurisdiction. B. A local jurisdiction shall implement and enforce the Standards and any local amendments within 12 months of the effective date of any amendments by the Department to this chapter. C. The provisions of Public Safety Article, §12-508, Annotated Code of Maryland, modify and determine the applicability of the Standards to agritourism. #### Regulation .07 Utilization of Standards. *COMAR 09.12.51.07* A. Central Data Base. (1) The Department shall establish an automated central data base which shall contain or provide a link to access the following information: (a) The Standards; (b) Local amendments; (c) State Fire Prevention Code and amendments to the State Fire Prevention Code promulgated by the State Fire Prevention Commission, or the State Fire Prevention Commission's successor; (d) The fire codes adopted by the local jurisdictions and any amendments to them; (e) The electrical code required under Public Safety Article, §12-603, Annotated Code of Maryland; (f) Local amendments to the electrical code required under Public Safety Article, §12-603, Annotated Code of Maryland; (g) Local code provisions that are more restrictive than the IECC as modified in Regulation .04 of this chapter and the energy code defined under Public Utilities Article, §7-401, Annotated Code of Maryland; (h) The Maryland Building Rehabilitation Code; and (i) Local amendments to the Maryland Building Rehabilitation Code. (2) The Department may compile and include in the central data base: (a) Any information provided by the local jurisdiction on the implementation and interpretation of the Standards by the local jurisdiction; (b) Interim amendments to the IBC and IRC, including subsequent printing of the most recent edition; and (c) Any other information the Department determines is relevant to the construction or rehabilitation of buildings and structures in the State. (3) Software. (a) The Department shall be responsible for the development and distribution among the local jurisdictions of software related to the operation of the central data base. (b) Any software developed by or on behalf of the Department shall be owned by the Department, or the developer of the software. (c) Neither the local jurisdiction nor any other user acquires any proprietary right in any of the ICC copyrighted material or ICC trademark contained in the software. B. Voluntary Dispute Resolution. (1) Upon the written request of a local jurisdiction and any person aggrieved by the Standards or any local amendments to them, the Codes Administration shall conduct an informal mediation or conciliation with the local jurisdiction and any person aggrieved by the Standards or any local amendments to them. (2) The aggrieved person and the local jurisdiction shall each submit to the Codes Administration a written statement of the dispute and include any related material either party feels is appropriate. In addition to the written statement, either party may request a meeting with the other party and the Codes Administration to discuss the dispute. (3) Within the latter to occur of 30 days of receipt of both statements of the disputed and any related material, or 30 days after a meeting conducted in accordance with §B(2) of this regulation, the Director of the Codes Administration shall issue a decision on behalf of the Department regarding resolution of the dispute. (4) Within 15 days of the date of the decision of the Director of the Codes Administration, either party may appeal to the Secretary of the Department or the Secretary's designee, in writing. The Secretary of the Department or the Secretary's designee shall respond to the appeal within 15 days of receipt of the appeal. (5) Neither a decision by the Codes Administration nor the Department under §B(3) or (4) of this regulation shall constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR 09.01.02. #### Regulation .08 Enforcement of the Standards. *COMAR 09.12.51.08* Enforcement of the Standards shall be the responsibility of the local jurisdiction in which the building or structure is located. #### Regulation .09 Enforcement of State Fire Code Requirements. *COMAR 09.12.51.09* There is a State Fire Code, Public Safety Article 38A, §§6-101—6-602, Annotated Code of Maryland, and COMAR 29.06.01, which requires enforcement of the Fire Code by the State Fire Marshal or authorized fire official. ### Chapter 52 — Industrialized Buildings and Manufactured Homes **Authority:** Public Safety Article, §12-305, Annotated Code of Maryland **Administrative History:** Effective date: July 1, 1972 **Administrative History:** Regulations .01—.10 amended effective July 23, 1975 (2:16 Md. R. 1137) **Administrative History:** Regulation .10 amended effective March 3, 1976 (3:5 Md. R. 295) **Administrative History:** Regulations .11 —.14 adopted effective July 23, 1975 (2:16 Md. R. 1137) **Administrative History:** Regulation .14 amended effective April 13, 1977 (4:8 Md. R. 632) **Administrative History:** Regulation .16 adopted effective July 23, 1975 (2:16 Md. R. 1137) **Administrative History:** Chapter revised effective August 11, 1978 (5:16 Md. R. 1254) **Administrative History:** Regulation .02B and C amended effective January 1, 1984 (10:20 Md. R. 1783) **Administrative History:** Regulation .07 amended effective June 29, 1979 (6:13 Md. R. 1124); March 1, 1983 (10:3 Md. R. 208); February 1, 1986 (13:1 Md. R. 14) **Administrative History:** Regulation .07A amended effective January 7, 1982 (8:26 Md. R. 2104) **Administrative History:** Regulation .08 amended effective February 1, 1986 (13:1 Md. R. 14) **Administrative History:** Regulation .08B amended effective March 1, 1983 (10:3 Md. R. 208) **Administrative History:** Regulation .12E amended effective March 6, 1981 (8:5 Md. R. 471) **Administrative History:** Regulation .12 amended effective July 9, 1990 (17:13 Md. R. 1610) **Administrative History:** Regulation .15B—H amended effective January 1, 1984 (10:20 Md. R. 1783) **Administrative History:** Regulation .18 adopted effective September 21, 1979 (6:19 Md. R. 1518) **Administrative History:** Chapter recodified from COMAR 05.01.01 to COMAR 05.02.04 **Administrative History:** Regulation .01 amended effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Regulation .02 amended effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Regulation .03B amended effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Regulation .10D amended effective July 1, 1993 (20:12 Md. R. 996) **Administrative History:** Regulation .12A amended effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Regulation .12C amended effective July 9, 1990 (20:12 Md. R. 996) **Administrative History:** Regulation .15 amended effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Regulation .16 repealed effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Regulation .17A amended effective July 17, 2006 (33:14 Md. R. 1162) **Administrative History:** Chapter recodified from COMAR 05.02.04 to COMAR 09.12.52 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .02B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .07 amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .08 amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .10C amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .17A amended effective March 25, 2019 (46:6 Md. R. 345) #### Regulation .01 Authority and Scope. *COMAR 09.12.52.01* A. This chapter is adopted pursuant to Public Safety Article, §12-305, Annotated Code of Maryland, in order to implement, interpret, make specific, and otherwise carry out the provisions of Public Safety Article, Title 12, Subtitle 3, Annotated Code of Maryland, known as the Industrialized Building and Manufactured Homes Act. B. Former regulations as originally adopted effective July 1, 1972, included industrialized buildings and manufactured homes. The HUD Manufactured Home Construction and Safety Standards superseded the State standards for manufactured homes on June 15, 1976. Approval of manufactured home inspection agencies and manufactured home plans is also now a responsibility of HUD or its agent, so these regulations pertain primarily to industrialized buildings. Regulation .15 does, however, cover the functions of the Department as a State Administrative Agency under HUD programs. Related manufactured home functions, such as handling of consumer complaints and monitoring of primary inspection agencies, are not covered by this chapter. #### Regulation .02 Definitions. *COMAR 09.12.52.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Industrialized Buildings and Manufactured Homes Act, Public Safety Article, Title 12, Subtitle 3, Annotated Code of Maryland. (2) “Add-on” means any structure (except a structure designed or produced as an integral part of a manufactured home) that, when attached to the basic manufactured home unit, increases the area, either living or storage, of the manufactured home. (3) Alteration. (a) “Alteration” means the installation, replacement, addition, modification, or removal of any equipment after sale by a manufacturer to a dealer or distributor, but before sale by a dealer to a purchaser, that may affect the construction, fire safety, occupancy, plumbing, heat producing, or electrical system. (b) “Alteration” includes any modification made in the manufactured home that may affect the compliance of the home with the standards. (c) “Alteration” does not include the: (i) Repair or replacement of a component or appliance requiring plug-in to an electrical receptacle when the replaced item is of the same configuration and ratings as the one being replaced; or (ii) Addition of an appliance, not provided with the manufactured home by the manufacturer, requiring plug-in to an electrical receptacle, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected. (4) “Federal Act” means the National Manufactured Housing Construction and Safety Standards Act of 1974, codified as 42 U.S.C. §5401 et seq., as amended. (5) “Federal Regulations” means the Manufactured Home Construction and Safety Standards, 24 CFR Part 3280, the Manufactured Home Procedural and Enforcement Regulations, 24 CFR Part 3282, and the Manufactured Home Consumer Manual Requirements, 24 CFR Part 3283. (6) “HUD label” means the approved form of certification by the manufacturer that, under the federal regulations, is permanently affixed to each transportable section of each manufactured home manufactured for sale to a purchaser in the United States. (7) Manufactured Home. (a) “Manufactured home” (formerly called a mobile home in the Act and in the Federal Act) means a structure, transportable in one or more sections, that is: (i) In the traveling mode, 8 body feet or more in width or 40 body feet or more in length; (ii) When erected on site, 320 or more square feet; (iii) Built on a permanent chassis; (iv) Designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and (v) Includes the plumbing, heating, air-conditioning, and electrical systems contained in it. (b) “Manufactured home” includes any structure that meets all the requirements of §B(7)(a) of this regulation except the size requirements, with respect to which the manufacturer voluntarily: (i) Files a certification required by the Secretary of HUD; and (ii) Complies with the standards established under the Federal Act. (8) “Model” means a specific design, as designated by the producers of an industrialized building unit and submitted for approval to the Department. (9) “Open frame construction” means any building, building component, assembly, or system manufactured in such manner that all portions can be readily inspected at the building site without disassembly, damage, or destruction and to which no more than one fixed interior or exterior surface has been applied. (10) “Regulations” means the Industrialized Buildings and Manufactured Homes Regulations (COMAR 09.12.52.01—.18). (11) “Stabilizing devices” means all components of the anchoring and support systems, such as: (a) Piers; (b) Footing; (c) Ties; (d) Anchoring equipment; (e) Ground anchors; and (f) Any other equipment that supports the manufactured home and secures it to the ground. (12) The terms “approved testing facility”, “Department”, “first user”, “industrialized building”, “installed”, “local enforcement agency”, “manufactured home”, “Manufactured Home Construction and Safety Standards Act”, “Secretary”, and “site” have the meanings stated in Public Safety Article, §12-301, Annotated Code of Maryland. #### Regulation .03 Enforcement Generally. *COMAR 09.12.52.03* A. General. These regulations shall be enforced as prescribed by the Act. B. Inspection by Department. The Department may enter any industrialized building unit or manufactured home, at a reasonable time and manner, to inspect it for compliance with this chapter. If the inspection shows a violation, the Department may order the responsible person to bring the unit into compliance within a reasonable time fixed in the order. The order may be appealed to the Secretary who will investigate promptly and affirm, revoke, or modify the order. C. Failure to Comply with Department Order. If the Department has determined, under Regulation .03B, that a violation exists, and the responsible person fails to bring the unit into compliance, the Secretary may refer the violation to the appropriate state's attorney, or suspend or cancel the manufacturer's approval, or both, as necessary to ensure compliance. D. Limitation of Manufacturer's Liability. The manufacturer of the unit may not be required to remedy violations caused by on-site work by others not under his control or violations involving components and material furnished by others and not included with the unit. #### Regulation .04 Enforcement in Localities. *COMAR 09.12.52.04* A. Reports to the Secretary. Each governmental jurisdiction shall furnish monthly notice to the Department, on forms supplied by the Department, of each industrialized building being erected or installed in its jurisdiction, giving the State insignia number, type or model, manufacturer's name, and any other data needed to properly identify each unit. In lieu of these reports, the jurisdiction may complete and forward the location report form shipped with each unit. Manufacturers shall also furnish this same information to the Department on a monthly basis, indicating the destination of all units shipped for erection or installation in the State. These reports shall be submitted no later than the 10th day of the following month. B. Unlabelled Industrialized Building Units. Any industrialized building which does not carry the insignia of the Department, but which by reason of date of manufacture, may lawfully be sold or installed, is subject to the control of the local governing body within whose jurisdiction it is to be installed. When this building is offered for sale, the person to whom it is offered shall be specifically advised in writing by the seller or manufacturer that the building does not carry State certification and, therefore, is subject to local building code requirements. C. Local Enforcement Requirements. In addition to the matters reserved to city and county government by Public Safety Article, §12-303, Annotated Code of Maryland, the local enforcement agency shall verify that the unit bears the required insignia and inspect the unit for damage in transit. Local enforcement agencies shall be responsible for inspecting all the work to be done at site, including, but not limited to the installation, erection, foundation, site work, and utilities connections, for compliance with the terms of certification and applicable law. If local enforcement agencies find violations of the Department's requirements, either due to transit damage or improper construction in the factory, they shall forward notice of these violations to the Department. If violations or defects are created by the on-site builder, the local enforcement agency is responsible for insuring that the unit is brought back into compliance, or for bringing the violation to the attention of the Department. #### Regulation .05 Variance from Regulations. *COMAR 09.12.52.05* The Department shall have the power to authorize variances from the regulations to permit specified alternative methods of construction which will fulfill the objectives of the Act. Requests for variances shall be in writing and shall be accompanied by the plans, specifications, and other information necessary for adequate evaluation. Before any variance is authorized, the local building officer having jurisdiction may be afforded an opportunity to present his views and recommendations. #### Regulation .06 Requirements. *COMAR 09.12.52.06* Industrialized building units shall be reasonably safe for the users, shall be designed to conserve energy, and shall provide reasonable protection to the public against hazards to life, health, and property. Compliance with all applicable requirements of the standards and codes specified in Regulations .07 and .08 shall be acceptable evidence of compliance with this provision. When industrialized building units are combined with each other or with other components, compliance of the entire resulting building with all applicable requirements of the standards and codes specified in Regulations .07 and .08 shall be acceptable evidence of compliance with this provision. #### Regulation .07 Reference Standards. *COMAR 09.12.52.07* The standards identified in the Model Performance Code which are incorporated by reference in COMAR 09.12.50 shall constitute the reference standards for industrialized building construction in the State. #### Regulation .08 Energy Conservation Standards. *COMAR 09.12.52.08* All industrialized buildings shall be designed to meet all the applicable energy conservation standards as identified in the State Model Performance Code (COMAR 09.12.50). In using these standards, the design shall be based on a minimum of 5,200 degree days. #### Regulation .09 Application for Plan Approval by Manufacturers. *COMAR 09.12.52.09* A. General. A plan approval shall be obtained from the Department for each model of industrialized building which is subject to these regulations. Approved models shall be accepted by the local enforcement agency as approved for the purpose of granting an installation permit when the design loads are safe for the locality as determined by the local enforcement agency. Installation permits shall be issued subject to compliance with Public Safety Article, §12-305, Annotated Code of Maryland, and provisions of this regulation. B. Application. An application to the Department for plan approval shall include: (1) A completed application in duplicate on forms obtainable from the Department. (2) Two complete sets of plans and specifications for the prototype model. When additional models use the same systems as in the prototype, two sets of the floor plans only must be submitted for each of the additional models. Calculations and any required test results will be submitted through the approved test facility or may be prepared by the approved test facility and included in their submission. (3) Quality control procedures manual or manuals pursuant to §C of this regulation. (4) Plan filing fee pursuant to Regulation .12 of this chapter. (5) Certificate by Approved Test Facility. The manufacturer shall contract with an approved testing facility to review his plans for code compliance and to monitor his factory operations and quality assurance program. To save processing time, the application, plans, specifications, and quality control manual may be submitted directly to the Department. However, before approval can be given, the approved test facility, which has been selected by the manufacturer, shall submit a letter certifying that the manufacturer's designs, plans, factory operations, specifications, and quality control practices have been reviewed and are approved as complying with all the current code requirements of the Department. A design analysis of critical features will be included with the certification letter. In special situations such as a newly approved manufacturer on a temporary basis, or a limited production manufacturer, the Department may waive the requirement of the contract with an approved testing facility and provide plan review and monitoring for factory operations and the quality assurance program directly, charging the fees prescribed in Regulation .12 of this chapter. (6) New Models and Changes. When new models or alterations are desired to be manufactured after the initial application approval, a request for approval for the new model or modification in the prototype unit shall be submitted before any production of these models for shipment to this State. Two copies of the plans or changes shall be provided. A certification letter shall also be received from the approved testing facility showing its review and approval for code compliance of the new models or alterations. The fee prescribed in Regulation .12C of this chapter shall be paid. C. In-Plant Quality Assurance. (1) The quality control manual required by §B(3) of this regulation, will outline the manufacturer's program to insure compliance with his approved plans and specifications. It will list the various tests and checks that must be recorded for each unit being manufactured. The manufacturer and approved testing facility shall maintain records for not less than 2 years after shipment to verify that each unit has been inspected and complies with the plans as approved by the Department. (2) In order to assure an independent check on the units being produced for use in this State, the manufacturer's approved testing facility shall check the units being produced. For dwelling units, or larger structures, the approved testing facility inspector shall check some phase of each unit being fabricated for delivery in the State. He shall also observe the entire production line for compliance with approved plans, materials, and test requirements including required unit records. For subsystems or components, the approved testing facility may recommend a lesser frequency of inspection and submit its recommendation to the Department for approval. The State insignias will be issued and controlled by the approved testing facility. The approved testing facility inspector shall apply insignias to completed units, or, if the units are incomplete, he may leave the insignias with the plant quality control inspector for application upon completion of the units. D. Unannounced Inspections. In accordance with Public Safety Article, §12-311, Annotated Code of Maryland, the Department shall make periodic unannounced inspections, in addition to those of the approved testing facility, to verify that the units produced comply with the plans, inspection procedures and quality assurance program as approved by the Department. The cost of two of these inspections per year may be charged to the manufacturer in accordance with the fee schedule specified in Regulation .12 of this chapter. #### Regulation .10 Label. *COMAR 09.12.52.10* A. Approved Testing Facility Label. Every approved industrialized building unit shall be marked with a label identifying the approved testing facility which performed the inspection. Each label shall bear the following information directly or by reference: (1) Name of approved testing facility; (2) Type of industrialized building unit; (3) Serial number of the label; (4) “See Data Plate for Special Instructions”. B. Manufacturer's Data Plate and Other Markings. The information listed below shall be placed on one or more permanent manufacturer's data plates in the vicinity of the electrical distribution panel or in some other location that is readily accessible for inspection. The approved testing facility shall approve the form, completeness, and location of the data plate. (1) Manufacturer's name and address. (2) Manufacturer's serial number for the unit and model name. (3) Name of manufacturer and model designation of major factory installed appliances. (4) Wind, snow and floor loads, and any other special use limitations will be shown. Also, if any unit requires additional on-site work, the data plate will show the specific features which were inspected and those which shall be inspected locally. (5) Where applicable, identification of permissible type of gas or fuel for appliances, designation of electrical ratings, direction for water and drain connection and pressures. (6) List of codes and standards for which the unit has been evaluated, inspected and found in compliance by the approved testing facility. C. State Certification Insignia. In addition to the approved testing facility label and the manufacturer’s data plate, each unit shall be marked by a State certification insignia secured from the Maryland Department of Labor which shall identify the unit by State serial number. This serial number shall be the control number for location in the State. D. Mounting of Labels and State Certification Insignias. To the extent practicable, the labels and insignias shall be so installed that they cannot be removed without being destroyed. They shall be applied in the vicinity of the electrical distribution panel or other location that is readily accessible for inspection. They may not be placed on the panel cover or any other readily removable feature. When the unit comprises a system of sub-assemblies, the required label and insignia may be applied using one of each type and the data plate for the system, provided each sub-assembly is listed on or with the approved testing facility label and is marked by the approved testing facility in some clearly identifiable manner that relates it to the label. #### Regulation .11 State Certification Insignias. *COMAR 09.12.52.11* A. Effect of Affixing State Certification Insignias. The approved testing facility shall affix a State certification insignia to every industrialized building unit which has been found to be in full compliance with all applicable standards of the Department. The manner of affixing is prescribed in Regulation .10 of this chapter. The legal effect of affixing the State certification insignia is a certification by the approved testing facility, additional to the certification represented by the label of the approved testing facility, that the unit has been inspected and complies in all respects with the requirements of these regulations. B. Issue of Certification Insignias. Approved State certification insignias shall be purchased from the Department. The insignias will be issued to the approved testing facilities only upon written request, accompanied by advance payment. C. Control of Insignias. Each approved testing facility shall maintain close control of the State certification insignias to insure their proper use. The facility shall submit to the Department a monthly report itemizing the insignias issued to the manufacturers by serial numbers, and stating the number of State insignias on hand at the end of each month. D. Report of Shipments. The manufacturer shall send to the Department a monthly report of units shipped, showing the State certification insignia numbers, manufacturer's serial numbers, approved testing facilities' serial numbers, type or model, and destination in the State. The report shall be sent no later than the 10th day of the following month. #### Regulation .12 Fees. *COMAR 09.12.52.12* A. The annual application fee is $500. When a manufacturer has more than one plant producing approved models, an additional $500 application fee for each additional plant, with details on each plant as part of the quality control manuals, will be required. B. When a design is unusual, and involves special analysis, the Department will also charge a rate of $25 per man-hour to cover its added costs. When practical, the Department will estimate costs before submittal and provide a report on hourly activities. If the complexity or sophistication of the system requires, or if the applicant so chooses, the Department may submit the plan for the system to an approved independent testing agency or consulting engineer for evaluation. In this case, the applicant will be required to pay whatever costs the agency may charge. If the applicant chooses to obtain prior analysis by an approved testing agency before submission, the Secretary will consider this in determining the charges to be made by the Department. However, test reports from the approved agency shall be submitted with the original application. C. State Insignia Fees. (1) Insignia fees for the certification of industrialized building construction at the manufacturing facility are as follows: (a) Residential structures — $50 for each insignia; (b) Other structures — $90 for each insignia. (2) The number of “insignias of approval” required are as follows: (a) Modular construction — one insignia for each individual module which is transported in a separate frame to the site; (b) Panelized closed construction — one insignia for each increment (or part of it) of 1,000 square feet of building floor area. (3) For residential structures, instead of the $50 insignia fee described in §C(1)(a) and (2)(a) of this regulation, the manufacturer, at the time of filing of a new or annual application with the Department, may elect a $65 insignia fee for a floor area of 1,200 square feet or less, plus an additional $65 insignia fee for each increment of 500 square feet, or part of it, over 1,200 square feet. D. The Department reserves the right to establish separate fees where the product is produced in such a volume or has unique features that would, in the Department's opinion, warrant individual consideration. E. When the Department is directly providing services for plan review and monitoring for factory operations and quality assurance programs: (1) Plan review — $25 per hour ($100 minimum fee); (2) Inspection fees and field services as in §F of this regulation. F. Inspection fees and field services per man-hour: (1) $10 per half man-hour, including travel time. (2) Travel Expense. Where travel by auto is used to make inspections, cost will be charged at the current State allowance for mileage, meals and lodging, incidental expenses, and car rental where applicable. For air travel, the fee will be the total travel cost based on published air fare, or equivalent rate, between Baltimore, Maryland and the location of the factory, plus necessary supplemental surface transportation, and reimbursement for food and lodging consistent with State allowances. G. When the Department is directly providing services for monitoring of industrialized building installation at sites, the fee for these services will be $20 per hour, including travel time ($50 minimum fee). H. Unannounced Inspection Fees. The cost of unannounced inspections as provided by Regulation .09D of this chapter may be charged to the manufacturer. The fee for these inspections will be as prescribed in §F, of this regulation. The minimum fee will be $100. I. Application Fee for Approved Testing Facilities. (1) Each testing facility requesting approval by the Secretary shall submit a fee of $100 with its application. This fee will be non-returnable. (2) Each approved testing facility shall file an annual request for renewal of its approval, accompanied by a non-returnable fee of $100. This request shall include information concerning changes in personnel, operating procedures, and any other matters pertinent to its capability to continue performing as an approved testing facility. (3) Each application for approval or renewal shall be accompanied by a list of all current clients for whom they are performing services as a State approved testing facility, showing the location of and estimated production capacity of each plant of each client. A fee of $50 per client shall be submitted with the application for approval or renewal. The names of additional clients added during the period of approval shall be submitted at the time that a contract for services is signed, accompanied by a payment of $50 per client. No returns will be made for clients that sever their contractual relationship during the approval period. #### Regulation .13 Approval of Testing Facilities. *COMAR 09.12.52.13* A. Application and Criteria. A testing facility shall apply to the Department to be designated an approved testing facility. The application shall be verified and shall contain information enabling the Department to determine whether the applicant is specially qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate industrialized building units for compliance with these regulations, and to provide adequate follow-up and quality assurance services at the point of manufacture. This information shall include: (1) Names of officers and location of offices; (2) Specification and description of services proposed to be furnished under these regulations; (3) Description of qualifications of personnel and their responsibilities; (4) Summary of organization experience; (5) General description of procedures and facilities to be used in proposed services, including evaluation of the model unit, factory follow-up, quality assurance, labeling of production units, and specific information to be furnished on or with labels; (6) How defective units resulting from oversight are to be dealt with; (7) Acceptance of these services by independent accrediting organizations and by other jurisdictions; (8) Proof of independence and absence of conflict of interest; (9) Compliance with federal and State requirements concerning equal employment opportunities. B. Fees. Fees for approval and annual renewal are stated in Regulation .12 of this chapter. C. Independence and Absence of Conflicts. An approved testing facility may not be affiliated with or influenced or controlled by producers, suppliers, or vendors of products in any manner which might affect its capacity to render reports of findings objectively without bias. An approved testing facility is judged to be free of affiliation, influence and control if it complies with all of the following: (1) Has no managerial affiliation with producers, suppliers, or vendors and is not engaged in the sale or promotion of any product or material; (2) The results of its work accrue no financial benefit to the agency via stock ownership, and the like, of any producers, supplier, or vendors of the products involved; (3) Its directors and other management personnel, in those capacities, receive no stock option, or other financial benefits from any producer, supplier, or vendor of the product involved; (4) Has sufficient breadth of interest or activity that the loss or award of a specific contract to determine compliance of a producer's, supplier's, or vendor's product with these regulations would not be a determinative factor in its financial well-being; (5) The employment security status of its personnel is free of influence or control of producers, suppliers, or vendors. #### Regulation .14 Reciprocity with Other States. *COMAR 09.12.52.14* Upon the application of another state for reciprocity, or upon his own initiative, the Secretary shall investigate if the other state has adopted and promulgated a code and enforcement procedures which establish standards and safeguards at least equal to those contained in these regulations. He will hold a public hearing to state the findings of his investigation and give interested parties the opportunity to submit their comments both for and against the adoption of a reciprocity agreement with the other state. Following the hearing, the Secretary shall decide whether a reciprocity agreement will be granted. As part of the finding by the Secretary granting reciprocity to another state, the Department shall set out the specific terms and conditions of the reciprocity agreement as it applies to that state and manufacturers of industrialized buildings under that state's program. As part of the reciprocity agreement, each state will keep the other informed of any changes in its regulations and maintain a current list of manufacturers that have been approved under its program. Upon application by any person adversely affected by the reciprocity agreement, the Secretary may investigate the allegations, and if necessary, hold a public hearing. Based on the results of his investigation, the Secretary may rescind, modify, or continue in effect the reciprocity agreement. #### Regulation .15 Manufactured Home Procedures. *COMAR 09.12.52.15* A. General. The Federal Act gives the U.S. Department of Housing and Urban Development (HUD) complete jurisdiction over the design and construction of manufactured homes, effective June 15, 1976. The Federal Act supersedes all state laws on this subject. All manufactured home units manufactured after the effective date of the Federal Act shall bear the HUD label to be lawfully sold anywhere in the United States. B. Authority of the Department. The Department is a State Administrative Agency pursuant to the Federal Act, authorized to administer and enforce the federal program in the State. The powers and responsibilities of the Department are set forth in Public Safety Article, §12-312, Annotated Code of Maryland. C. Manufactured Homes Not Bearing HUD Label. A person may not sell or offer for sale to the first user in Maryland any manufactured home that is manufactured after January 1, 1973, unless it bears the insignia of the Department or is certified and labeled under the Federal Act. D. Repealed. E. Manufactured Home Installation. (1) Stabilizing devices for manufactured homes bearing HUD labels shall be installed in accordance with the manufacturer's installation instructions provided with the unit pursuant to §3280.306 of the federal regulations. (2) When the information for stabilizing device materials is not provided in the manufacturer's installation instructions, the materials shall be as approved by the local enforcement agency. (3) When a manufactured home is located in an area subjected to frost heave, the footings and load-carrying portion of the ground anchors shall extend below the frost line or as per the requirements established by the local enforcement agency. F. Enforcement Generally. Enforcement shall be in accordance with the Federal Regulations, codified at 24 CFR Part 3282, Subpart G. G. Enforcement in Localities. (1) Manufactured homes bearing the HUD label shall be acceptable in all localities as meeting the requirements of the Act, and shall be acceptable as meeting the requirements of safety to life, health, and property imposed by any local enforcement agency in this State without further investigation, testing, or inspection. (2) Notwithstanding §G(1) of this regulation, local enforcement agencies are responsible for the following functions with respect to manufactured homes bearing the HUD labels: (a) Verification that the unit has not been damaged in transit; (b) Verification that the unit bears the HUD label and all other pertinent documents, including consumer manuals, installation manuals, and record of purchase cards provided with the unit pursuant to the Federal Regulations; (c) Inspection and verification to assure that the unit is installed in accordance with these regulations; and (d) Inspection of manufactured home alteration and add-ons to ensure that they do not cause a failure of the manufactured home to conform with the Federal Regulations. (3) Local enforcement agencies may enforce local requirements for zoning, fire limits or fire districts, utility connections, site preparation and issuance of all required permits. (4) Action Upon Violation. (a) When the local enforcement agencies find violations of the Federal Regulations concerning construction of the manufactured homes, they shall forward notice of these violations to the Department. (b) When damage is discovered or suspected, local enforcement agencies may require tests on plumbing, fuel burning, and electrical systems to determine the extent of damage. (c) If it is determined that manufactured home installations, alterations, or add-ons are not in accordance with this chapter, local enforcement agencies are responsible for ensuring that the unit is brought into compliance. Local enforcement agencies may refer apparent violations of this chapter to the appropriate State's attorney for enforcement of the Act. H. Restrictions on Distributors and Dealers. (1) Alterations. A distributor or dealer may not perform or cause to be performed any alteration affecting any requirements of the Federal Regulations, without approval of the local enforcement agency. In handling and approving dealer requests for alterations, the local enforcement agency may be assisted by the Department. (2) Prohibited Sale. A distributor or dealer may not offer for sale any manufactured home containing any violation of the Federal Act or Federal Regulations. #### Regulation .16 Vacant. *COMAR 09.12.52.16* #### Regulation .17 Code Enforcement Certification Board. *COMAR 09.12.52.17* A. The Secretary shall appoint the members of the Code Enforcement Certification Board, to serve at the Secretary’s pleasure. There are nine members of the Board, including four certified code enforcement officials, and one from each of the following areas: licensed architect; registered engineer; representative of the Maryland Department of Labor; educator; building industry representative. Members of the Board shall be citizens and residents of the United States and the State. B. The responsibilities of the Board are: To recommend standards for certification of code enforcement; to examine and certify applicants as code enforcement officials; to review qualifications for certification; to revoke certification where warranted; to keep records of all its proceedings; to maintain a current list of certified code enforcement officials; to make an annual report to the Secretary. The Board shall meet at least once each year for the purpose of examining applicants. The members shall serve without compensation, but shall reimbursed for out-of-pocket expenses and travel in accordance with the Standard State Travel Regulations. C. An applicant for certification shall submit to the Board written evidence, in verified form, that he is of good moral character and has work experience, education or training meeting the requirements of the Department. An applicant shall take and pass a written examination on pertinent building codes. The Board shall recommend to the Secretary that certification be denied, revoked, or suspended when in the opinion of the Board the person is unfit by reason of incompetence or habitual neglect or has been guilty of fraud or deceit in procuring or attempting to procure certification. D. The Board shall cooperate with any educational or training institution desiring to conduct a code enforcement training program, so that the program will: (1) Meet standards recommended by the Board; (2) Upgrade the code enforcement program; or (3) Serve as an entrance training program for persons not presently involved in the building trades. #### Regulation .18 NCSBCS Reciprocity. *COMAR 09.12.52.18* A. General. The National Conference of States on Building Codes and Standards, Inc. (NCSBCS) has established a program for voluntary reciprocity between the states in the regulation of industrialized buildings for use as one- or two-family dwellings. States electing to participate in this program agree to accept any one- or two-family dwelling which bears the NCSBCS label and the label of the state where the dwelling is to be erected as complying with the state's design and construction standards for manufactured dwellings. Under the program, NCSBCS will accredit System Analysis Agencies and Compliance Assurance Agencies. System Analysis Agencies will evaluate manufacturer's Building System Certification Documents (BSCD's). Compliance Assurance Agencies will perform ongoing inspections to determine whether dwellings are built to BSCD requirements, including conformance to an approved Compliance Assurance Manual. B. Determination. The Secretary determines, after public hearings, that it would be in the State's best interest to participate in the NCSBCS program, and adopts the standards established by the program, as they pertain to the evaluation, testing, and quality control of one- or two-family dwellings built by manufacturers participating in the program. C. Reference Standards. The reference standards set forth in Regulation .07 of this chapter, are modified to the extent necessary to comport with the design and construction standards established by the program for one- and two-family dwellings built by manufacturers participating in the program. D. Approved Testing Facilities. NCSBCS and those agencies accredited by it for participation in the program are designated as approved testing facilities, authorized to act as the Department's agents for the purpose of determining whether or not a one- or two-family dwelling built by a manufacturer participating in the program meets the standards of the Department. E. Exemptions. (1) Manufacturers participating in the program will be exempted from the provisions of Regulations .09 and .12 of this chapter, provided they file an application with the Department, on forms obtainable from the Department, and pay an annual administration fee of $300. (2) Any one- or two-family dwelling built by a manufacturer participating in the program to be sold, offered for sale, or installed in Maryland shall be exempt from the provisions of Regulation .10 of this chapter, provided it contains a Maryland State Certification Insignia, available from the Department for a $25 fee, and a NCSBCS label, both of which shall be mounted in the manner specified by Regulation .10D of this chapter. (3) NCSBCS and any inspection agency approved by NCSBCS for participation in the program is exempted from the requirements of Regulations .12K and .13 of this chapter, for the purposes of §D of this regulation, but is subject to those requirements if it acts as an Approved Testing Facility for any other purpose. ### Chapter 53 — Maryland Accessibility Code **Authority:** Public Safety Article, §12-202(b), Annotated Code of Maryland **Administrative History:** Effective date: April 16, 1975 (2:8 Md. R. 563) **Administrative History:** Regulations .01—.11 amended effective March 3, 1976 (3:5 Md. R. 295) **Administrative History:** Chapter revised effective September 5, 1980 (7:18 Md. R. 1736) **Administrative History:** Chapter revised effective January 1, 1985 (11:26 Md. R. 2277) **Administrative History:** Chapter recodified from COMAR 05.01.07 to COMAR 05.02.02 **Administrative History:** Appendix A recodified as Regulation .07 **Administrative History:** Regulations .01—.07, Maryland Building Code for the Handicapped, repealed and new Regulations .01—.12, Maryland Accessibility Code, adopted effective February 1, 1995 (21:24 Md. R. 1986) **Administrative History:** Regulation .05B amended effective January 1, 2012 (38:24 Md. R. 1499) **Administrative History:** Regulation .07B amended effective June 19, 2006 (33:12 Md. R. 996) **Administrative History:** Regulation .07B, C amended effective January 1, 2012 (38:24 Md. R. 1499) **Administrative History:** Regulation .07C amended effective March 18, 2002 (29:5 Md. R. 500) **Administrative History:** Regulation .07D amended effective March 18, 2002 (29:5 Md. R. 500); June 19, 2006 (33:12 Md. R. 996) **Administrative History:** Regulation .08 amended effective January 1, 2012 (38:24 Md. R. 1499) **Administrative History:** Regulation .09B amended effective September 6, 1999 (26:18 Md. R. 1373) **Administrative History:** Regulation .12C adopted effective March 18, 2002 (29:5 Md. R. 500) **Administrative History:** Regulation .12.D, E adopted effective June 19, 2006 (33:12 Md. R. 996) **Administrative History:** Chapter recodified from COMAR 05.02.02 to COMAR 09.12.53 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .05B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .06B amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .08D amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .09B, C amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .11 amended effective March 25, 2019 (46:6 Md. R. 345) #### Regulation .01 Title. *COMAR 09.12.53.01* This chapter shall be known as the Maryland Accessibility Code, and is referred to in these regulations as “this Code”. #### Regulation .02 Purpose. *COMAR 09.12.53.02* A. The purpose of this Code is to carry out the mandate of Public Safety Article, §12-202, Annotated Code of Maryland, as amended (the “Act”), which requires the Department to establish minimum requirements that will provide for the accessibility and usability of buildings and facilities by individuals with disabilities. B. The standards promulgated under this chapter are designed to carry out the purposes as set forth in §A of this regulation establishing minimum requirements for the construction, alteration, and changes in use of the buildings and facilities covered by this Code. #### Regulation .03 Scope. *COMAR 09.12.53.03* A. The following buildings and facilities are not covered by this Code: (1) Residential buildings consisting of less than four dwelling units; (2) Structures, sites, and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers; (3) Observation galleries less than 150 square feet and used primarily for security purposes; (4) Nonoccupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, or nonpassenger freight elevators and frequented only by service personnel for repair purposes including, but not limited to, elevator pits, elevator penthouses, and piping or equipment catwalks; (5) Transportation vehicles; (6) Existing buildings or facilities not undergoing any addition, alteration, or change in use as defined in Regulation .05 of this chapter; and (7) Existing buildings and facilities undergoing alteration for the sole purpose of complying with the Americans with Disabilities Act, which requires removal of architectural barriers in existing buildings and facilities where removal is readily achievable. B. This Code applies to all new construction, additions, alterations, and changes of use of certain buildings and facilities in Maryland, as follows: (1) Covered multifamily dwellings as defined in Regulation .05 of this chapter; (2) State and local government buildings and facilities, including transit facilities; (3) All other buildings and facilities, including buildings and facilities used or owned by private clubs and religious organizations, except those listed in §A of this regulation. #### Regulation .04 Relationship to Federal Law. *COMAR 09.12.53.04* A. There is also federal law governing many of the buildings and facilities covered by this Code, and to the extent federal law is more restrictive than this Code, federal law shall control. Federal law also governs some buildings and facilities which are not covered by this Code. For instance, the Americans with Disabilities Act requires owners of existing buildings to make changes that are “readily achievable to accommodate individuals with disabilities”. B. The Department has no authority to interpret federal law. When this Code is parallel with federal law, the Department may only interpret the Code as State law and its interpretations are not binding interpretations of the concurrent federal law. C. The Department has no authority to waive requirements imposed by federal law, and only where this Code is more restrictive than federal law can the Department exercise its waiver or exemption authority. #### Regulation .05 Definitions. *COMAR 09.12.53.05* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Accessible” means a site, building, facility, or portion of them that complies with these regulations and that can be approached, entered, and used by individuals with disabilities. (2) “ADA” means the Americans with Disabilities Act of 1990, Public Law 101-336, 42 U.S.C. §12101 et seq. (3) "2010 ADA Standards" means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) developed by the United States Architectural and Transportation Barriers Compliance Board, and adopted by the United States Department of Justice in the 2010 Standards, including both the Title III regulations at 28 CFR Part 36, Subpart D, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D. (4) “Addition” means an expansion, extension, or increase in the gross floor area of a building or facility. (5) Alteration. (a) “Alteration” means a change to a building or facility made by, on behalf of, or for the use of a building or facility, that affects or could affect the usability of the building or facility or part of it. (b) “Alteration” includes, but is not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts or elements, and changes in the plan configuration of walls and full-height partitions. (c) “Alteration” does not include normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems unless they affect the usability of the building or facility. (6) “ANSI A117.1-1986” means the 1986 Edition of American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People, which is incorporated by reference. (7) “Building” means any structure used and intended for supporting or sheltering any use or occupancy. (8) “Change of use” means an alteration in an existing building to a new use group which imposes special provisions of law governing building construction, equipment, or means of egress. (9) “Covered multifamily dwelling” means: (a) Buildings consisting of four or more dwelling units if the buildings have one or more elevators; and (b) Ground floor dwelling units in buildings consisting of four or more dwelling units if there are no elevators in the building, although dwelling units within a single structure separated by fire walls do not constitute separate buildings. (10) “Designated disability advisory group” means an individual, group of individuals, agency, or organization designated in writing by a local government or, in the absence of a written designation of a local government, by the Secretary, to advise the Department with respect to standards substantially equivalent to the 2010 ADA Standards under Regulation .08 of this chapter and waiver requests under Regulation .09 of this chapter. (11) Dwelling Unit. (a) “Dwelling unit” means a single unit of residence for a household of one or more individuals. (b) “Dwelling unit” includes: (i) Condominiums; (ii) An apartment unit within an apartment building; and (iii) Other types of units in which sleeping accommodations are provided but toilet or cooking facilities are shared by occupants of more than one room or portion of the dwelling unit, with examples of this including dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless individuals. (12) “Existing building” means a structure erected before the adoption of this Code, or one for which a legal building permit has been issued. (13) “Facilities” means all or any portion of buildings, structures, site improvements, roads, walks, passageways, parking lots, or other real property, located on a site. (14) “FHAA” means the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. §3604 et seq. (15) “FHAG” means Fair Housing Accessibility Guidelines, adopted by the United States Department of Housing and Urban Development in 24 CFR Ch. 1, Part IV, to provide technical guidance on how to comply with the Federal Fair Housing Amendments Act (FHAA). (16) “Historic properties” means a qualified historic building or facility that is: (a) Listed or eligible for listing in the National Register of Historic Places; or (b) Designated as historic under State or local law. (17) “Mezzanine or mezzanine floor” means that portion of a story which is an intermediate floor level placed within the story and having occupiable space above and below its floor. For the purpose of these regulations, mezzanine or mezzanine floor is considered as a story. (18) “Secretary” means the Secretary of Labor. (19) “Site” means a parcel of land bounded by a property line or a designated portion of a public right-of-way. (20) “Story” means that portion of a building between the upper surface of a floor and the upper surface of the floor next above, or the roof above. (21) “Structure” means that which is built or constructed. (22) “UFAS” means Uniform Federal Accessibility Standards developed in accordance with the Architectural Barriers Act of 1968, as amended, Public Law No. 90-40, 42 U.S.C. §§4151—4157, and adopted by the Department of Housing and Urban Development in 24 CFR 40. (23) “Use group” means the classification of a building based on the purpose for which the building is used as listed in the building code of the jurisdiction. #### Regulation .06 Implementation. *COMAR 09.12.53.06* A. Application. (1) Except as set forth in §A(2) of this regulation, application and enforcement of this Code is the responsibility of the local subdivision or other governmental agency having primary jurisdiction over a building, structure, facility, or site. (2) The application and enforcement of this Code as it pertains to State and local government buildings and facilities including public transit facilities shall be delegated as the responsibility of the governmental agency having jurisdiction over the building or facility. B. Interpretation. The Maryland Department of Labor shall decide all questions relating to interpretation of this Code and shall determine whether any requests for waivers or exemptions from this Code may be approved. C. Actions to Enforce. (1) Except as provided in §C(3) of this regulation, the Secretary may institute in any court of competent jurisdiction an action for equitable relief, if the Secretary determines that a violation of this Code exists. (2) The Secretary may not institute an action under §C(1) of this regulation until 5 working days after the Secretary has sought to seek a resolution of the violation through informal mediation and conciliation. (3) Enforcement of this Code as it pertains to a covered multifamily dwelling as defined in Regulation .05B of this chapter is also under the jurisdiction of the Human Relations Commission under Article 49B, §22, Annotated Code of Maryland. The Department is required to cooperate with and provide technical assistance to the Human Relations Commission. #### Regulation .07 Applicable Standards. *COMAR 09.12.53.07* A. Dwelling Units. (1) This section is not applicable to the dwelling units used on a transient basis and covered under §§B and C of this regulation. (2) New Construction — Covered Multifamily Dwellings. The design and construction of a newly constructed covered multifamily dwelling shall be in accordance with FHAG and subsequent federal standards issued in reference to FHAA. (3) Additions, Alterations, or Change of Use of Existing Buildings of Four or More Dwelling Units. The alteration, change of use, or addition to an existing residential building of four or more units shall comply with this Code as follows: (a) Dwelling units shall comply with this Code by either: (i) Containing at least one dwelling unit for every 25 dwelling units, or fraction of dwelling units, in the structure that is accessible and usable according to the requirements pertaining to dwelling units in ANSI A117.1-1986, with the complying dwelling units proportionately distributed throughout all types of units, or (ii) Having dwelling units at the accessible level comply with the standards under §A(2) of this regulation; (b) If the addition or alteration involves common area facilities and parking, it shall be accessible in accordance with the standards under §A(2) of this regulation. B. New Construction, Alterations, Additions, and Changes of Use of State and Local Government Buildings and Facilities. (1) All State and local government-owned buildings and facilities, including public transit facilities, shall comply with the standards prescribed in Title II of ADA and 28 CFR 35.151, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D. (2) The federal regulations require that all State and local government-owned buildings comply with either: (a) UFAS; or (b) The 2010 ADA Standards, except that the elevator exemption set forth at §206.2.3 of the 2010 ADA Standards does not apply. (3) Additional Maryland accessibility requirements for State and local government buildings are as follows: (a) One in every four accessible parking spaces, but not less than one, shall be: (i) Served by an access aisle at least 96 inches wide; and (ii) Designated “Van Accessible” as specified in §D(4) of this regulation; and (b) Accessibility for toilet stalls shall be assured as follows: (i) The size of a wheelchair-accessible toilet stall shall be a minimum of 60 inches wide and 56 inches deep for wallhung water closets, and 59 inches deep for floor-mounted water closets; (ii) In instances of alteration work when provision of this minimum stall size is structurally impracticable or when plumbing code requirements prevent combining existing stalls to provide space, the minimum dimensions of the wheelchair accessible stall are 48 inches wide and 66 inches deep for wall-hung water closets and 69 inches deep for floor-mounted water closets. C. New Construction, Alterations, Additions, and Changes of Use of All Other Buildings and Facilities. The new construction of, alteration of, addition to, or change of use of buildings and facilities, including buildings and facilities owned or used by private entities such as private clubs and religious organizations, shall comply with: (1) The 2010 ADA Standards and all federal accessibility regulations promulgated to carry out Title III of the ADA and set forth in 28 CFR Part 36, Subpart D, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D; and (2) The following additional Maryland requirements: (a) For new construction, accessibility shall be assured for the second story of a two-story nonresidential building if the gross floor area of the second story exceeds 4,000 square feet; (b) For alterations to an existing nonresidential building with a second story that has a gross floor area between 4,000 square feet and 8,000 square feet, existing accessibility to the second story shall be maintained; (c) For alterations to an existing nonresidential building with a second story that has a gross floor area that exceeds 8,000 square feet, accessibility to the second story shall be assured; (d) One in every four accessible parking spaces, but not less than one, shall be served by an access isle 96 inches minimum width and the accessible parking space shall be designated “van accessible” as specified in §D(4) of this regulation; and (e) Accessibility for toilet stalls shall be assured as follows: (i) The size of a wheelchair-accessible toilet stall shall be a minimum of 60 inches wide and 56 inches deep for wall-hung water closets, and 59 inches deep for floor-mounted water closets, (ii) In instances of alteration work when provision of this minimum stall is structurally impracticable or when plumbing code requirements prevent combining existing stalls to provide space, the minimum dimensions of the wheelchair accessible stall shall be 48 inches wide and 66 inches deep for wall-hung water closets, and 69 inches deep for floor-mounted water closets. D. Parking Space Signs — Public and Private Facilities. (1) The parking areas of all buildings and facilities, including the buildings and facilities of State and local governments, shall identify each accessible parking space by a sign. (2) If the sign in §D(1) of this regulation is: (a) Not placed flush against a building, structure, or other location that does not obstruct vehicle or pedestrian traffic, it shall be at least 7 feet above the ground; (b) Placed flush against a building structure or other location that does not obstruct vehicle or pedestrian traffic, it shall be at least 6 feet, and not more than 10 feet, above the ground. (3) Signs shall bear the international symbol of access and the words “Reserved Parking”, and shall be in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland. (See Regulation .12 of this chapter for explanatory material.) (4) Each van-accessible parking space shall be identified with a supplemental “Van Accessible” sign in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland (See Regulation .12 of this chapter for explanatory material.) (5) Each van-accessible parking space aisle shall be identified with a supplemental “No Parking” sign in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland (See Regulation .12 of this chapter for explanatory material.) (6) A new sign posted after October 1, 2002, that designates a parking space or zone for the use of individuals with disabilities shall be identified with a supplemental “Maximum Fine” sign in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland. (See Regulation .12 of this chapter for explanatory material.) #### Regulation .08 Standards Substantially Equivalent to 2010 ADA Standards. *COMAR 09.12.53.08* A. Applicability. (1) Standards substantially equivalent to the 2010 ADA Standards may be used only when a building or facility elects to or is required by these regulations to comply with the 2010 ADA Standards. (2) This regulation does not apply to the additional Maryland requirements set forth in Regulation .07A(3), B(3), and C(2) of this chapter. A request for a waiver of the additional Maryland requirements shall be submitted in accordance with the provisions of Regulation .09 of this chapter. B. Substantially Equivalent Standards for State and Local Government Buildings and Facilities. A State-owned or government-owned building or facility which has elected to comply with the 2010 ADA Standards instead of the UFAS may depart from particular technical and scoping requirements of the 2010 ADA Standards by using alternative designs or technologies that are substantially equivalent to the 2010 ADA Standards, or that provide greater access to and usability of the building or facility. C. Substantially Equivalent Standards for Other Buildings and Facilities. Other buildings and facilities that are required to comply with the 2010 ADA Standards may depart from particular technical and scoping requirements of the 2010 ADA Standards by using alternative designs and technologies that are substantially equivalent to the 2010 ADA Standards, or that provide greater access to and usability of the building or facility. D. Determination of Substantial Equivalency. (1) Proposed alternative designs or technologies shall be submitted to the Department before beginning construction, alteration, addition, or change of use of the building or facility by the owner or other person identified as the responsible person in the submission to the Department. (2) The Department shall issue a written determination to the responsible party identified in the submission as to whether the Department considers that the alternative design or technology is substantially equivalent to the 2010 ADA Standards, or provides greater access to or usability of the building or facility than the applicable 2010 ADA Standards. (3) Construction, alteration, addition, or change of use of the building or facility may not begin until the responsible person has received a favorable determination from the Department. (4) A determination by the Department of substantially equivalent or greater access relates only to the requirements imposed under these regulations. The determination by the Department does not apply as to whether the building or facility complies with ADA. (5) The Department may consult with public building officials, the designated disability advisory group, or the State historic preservation officer or the designee of the State historic preservation officer, in a determination of substantial equivalency. (6) A request for a determination under this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR 09.01.02. #### Regulation .09 Waiver Request. *COMAR 09.12.53.09* A. Standards Covered. (1) If strict compliance with the additional Maryland requirements set forth in Regulation .07A(3), B(3), and C(2) of this chapter will cause undue hardship because of the nature of use, occupancy, or other factors, a waiver from these requirements may be requested. (2) The Department has no authority to waive requirements imposed by federal law and shall only exercise its waiver authority when this Code is more restrictive than federal law in connection with the additional Maryland requirements set forth in Regulation .07A(3), B(3), and C(2) of this chapter. B. Procedures. (1) A written waiver request form and supporting documents shall be submitted in triplicate to the Director, Building Codes Administration, Maryland Department of Labor. (2) The Building Codes Administration shall review the documents submitted for completeness, and shall contact the applicant promptly for any additional information needed to process the request. (3) Upon receipt of all required documents, the Building Codes Administration shall send one copy of the waiver request documents to the local government officials and one copy to the designated disability advisory group. (4) The local government officials and the designated disability advisory group may provide their written comments jointly or separately to the Building Codes Administration within 21 days of dated transmittal from the Building Codes Administration. (5) The Building Codes Administration shall review the waiver documents and any comments received from the local building officials and the agency or organization advocating for individuals with disabilities. For historic properties, the Building Codes Administration shall make its decisions in consultation with the State historic preservation officer or the officer’s designee. (6) The investigation may include a site visit by a State official, local government official, designated disability advisory group, and, for historic properties, the State historic preservation officer or the officer's designee. (7) Upon completion of the investigation, the Director of the Building Codes Administration, or the Director’s designee, shall determine if a waiver should be granted or denied based upon factors such as, but not limited to: (a) Feasibility hardship due to unusual building or site conditions which prevent the construction of access facilities as described in supporting documentation, such as plans, sketches, and site drawings provided for clarification by the applicant; (b) Financial hardship when the cost of compliance is disproportionate to the cost of construction, if the applicant has provided financial statements; or (c) The information supplied by the designated disability advisory group, State and local government officials, and, for historic properties, the State historic preservation officer or the officer's designee. (8) Notice of the waiver determination shall be delivered to: (a) The local government official; (b) The designated disability advisory group; (c) The waiver applicant; and (d) For historic properties, the State historic preservation officer or the officer's designee. (9) The applicant may request reconsideration of the decision of the Building Codes Administration within 45 days by writing to the Commissioner of the Division of Labor and Industry for a final administrative decision. The reconsideration review may include additional site visits and meetings with the applicants, the designated disability advisory group, and local building officials. The decision by the Commissioner of the Division of Labor and Industry is final and binding upon the parties. C. A waiver request and decision on it under §B(7) or (9) of this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR 09.01.02. #### Regulation .10 Private Action. *COMAR 09.12.53.10* This Code is not intended to grant or imply a private cause of action to an individual against the State, the Department, its employees, agents, or assignees for violations of this Code. #### Regulation .11 Copies of Standards and Code. *COMAR 09.12.53.11* Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories is available online at www.dsd.state.md.us. #### Regulation .12 Explanatory Material. *COMAR 09.12.53.12* For purposes of Regulation .07D of this chapter, the following signs may be used: A. Parking Space Signs. B. Van Accessible Parking Space Sign. C. Access Aisle Sign. D. Reserved Parking Maximum Fine $XXX Sign. E. Maximum Fine $XXX Sign. ### Chapter 54 — Minimum Livability Code **Authority:** Public Safety Article, §12-203(c), Annotated Code of Maryland **Administrative History:** Effective date: April 6, 1987 (14:7 Md. R. 829) **Administrative History:** Chapter recodified from COMAR 05.01.31 to COMAR 05.02.03 **Administrative History:** Chapter revised effective January 14, 2010 (37:1 Md. R. 14) **Administrative History:** Regulations .01—.12 repealed and new Regulations .01—.07 adopted effective September 17, 2012 (39:18 Md. R. 1196) **Administrative History:** Chapter recodified from COMAR 05.02.03 to COMAR 09.12.54 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .02B amended effective March 25, 2019 (46:6 Md. R. 345) #### Regulation .01 General. *COMAR 09.12.54.01* A. Title. This chapter shall be known as the Minimum Livability Code or “the Code”. B. Scope. The Code is created to protect the public health, safety, and welfare in residential structures and premises by: (1) Establishing minimum property maintenance standards for basic equipment and facilities used for light, ventilation, heating, and sanitation for residential structures and premises, and for safe and sanitary maintenance of residential structures and premises; (2) Establishing minimum requirements for residential structures and premises for means of egress, fire protection systems, and other equipment and devices necessary for safety from fire; (3) Fixing the responsibilities of property owners, operators, and tenants of residential structures and premises; and (4) Providing for administration, enforcement, and penalties. C. Intent. The Code shall be construed liberally and justly to protect public health, safety, and welfare insofar as they are affected by the continued use and maintenance of residential structures and premises. #### Regulation .02 Definitions. *COMAR 09.12.54.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Public Safety Article, §12-203, Annotated Code of Maryland. (2) “Code” means the Minimum Livability Code Regulations. (3) “Code official” means the official or any duly authorized agent or designee of the local political subdivision in which the housing is located who is authorized to enforce the Code. (4) “Department” means the Maryland Department of Labor. (5) “IPMC” means the most recent version of the International Property Maintenance Code adopted by the Department and incorporated by reference in Regulation .03 of this chapter. (6) “Person” includes an individual, partnership, limited partnership, trust, estate, association, or corporation or any other group acting as a unit. (7) “Property owner” means a person having a legal or equitable interest in the premises, including the guardian of the estate of the person, or the executor or administrator of the estate of the person if ordered to take possession of the premises by a court. (8) “Structure” means a residential structure used for human habitation. (9) “Tenant” means an occupant other than a property owner. (10) “Unit” means a single unit of a structure providing or intended to provide complete living and sleeping facilities for one or more persons. #### Regulation .03 Incorporation by Reference. *COMAR 09.12.54.03* A. The 2012 International Property Maintenance Code (International Code Council, 500 New Jersey Avenue, NW 6th Floor, Washington, DC 20001), as modified in this chapter, is incorporated by reference. B. Modifications to the IPMC. (1) Chapter 1. Add the note to Chapter 1: Each local political subdivision is responsible for the implementation and enforcement of the Minimum Livability Code. Refer to each local political subdivision for local amendments to Chapter 1 of the IPMC. (2) The following definitions in section 202 of the IPMC are deleted and replaced with the pertinent definitions in .02(B) of this chapter: (a) Code official; (b) Person; and (c) Tenant. (3) Appendix A of the IPMC is adopted as part of the Code. C. This chapter and the IPMC, as modified in §B of this regulation, shall constitute the Minimum Livability Code. #### Regulation .04 Application. *COMAR 09.12.54.04* A. The Minimum Livability Code shall apply to residential structures used for human habitation except: (1) Owner-occupied single family housing units; (2) Housing located in a political subdivision that has adopted a local housing code containing provisions that substantially conform to the provisions of the Code; or (3) Housing exempted by the Department. B. In addition to any fire safety requirements contained in the IPMC, the State fire safety laws, Public Safety Article, Title 9, Annotated Code of Maryland, and the State Fire Prevention Code, COMAR 29.06.01, contain additional fire safety requirements. The State Fire Prevention Code is enforced by the State Fire Marshal or authorized fire official. #### Regulation .05 Code Enforcement. *COMAR 09.12.54.05* A. Local Enforcement. It shall be the duty and responsibility of the local political subdivision in which the housing is located to enforce the provisions of the Code. B. Local Waiver. (1) A local political subdivision may waive applicability of the Code, in whole or part, to a unit of rental housing on application of the property owner if: (a) Adequate notice in a form and manner specified by the subdivision is afforded a tenant of the unit; (b) The tenant is afforded an opportunity to comment on the application either in writing or in person; and (c) The waiver would not threaten the health or safety of a tenant. (2) A local political subdivision may waive applicability of the Code if the waiver is granted on the basis of the religious practices of the occupant of the unit of rental housing. C. Departmental Authority. The Department shall decide questions of interpretation of the Code, including questions relating to uniform enforcement by political subdivisions, and may authorize any waiver or exemption requested by a local political subdivision. D. Departmental Waiver. Upon the written request of a local political subdivision, the Department may waive or vary particular provisions of the Code to the extent that the waiver is not inconsistent with the Act if: (1) Geographic differences or unique local conditions justify the waiver; (2) The waiver would not threaten the health or safety of any tenant; and (3) The application of the particular provision to the local political subdivision would be inequitable or contrary to the purposes of the Act. E. Displacement. A person may not be displaced by enforcement of the Minimum Livability Code unless alternate housing of comparable affordability is available within a reasonable distance of the vacated premises. F. Enforcement and waiver application are not intended to supersede any State laws pursuant to the Annotated Code of Maryland as follows: (1) State fire laws, Public Safety Article, Annotated Code of Maryland; (2) State elevator laws, Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland; and (3) State boiler laws, Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland. #### Regulation .06 Violations. *COMAR 09.12.54.06* A. Penalty. A property owner who willfully violates any provision of the Code is guilty of a misdemeanor and on conviction for each violation is subject to a fine not exceeding $500 for each day that the violation exists or imprisonment not exceeding 3 months, or both. B. Other Penalties. A penalty ordered under the Code is in addition to and is not a substitute for any other penalty authorized under a federal, State, or local law. #### Regulation .07 Right to Appeal. *COMAR 09.12.54.07* A person affected by a decision of the code official which has been made in connection with the enforcement of any provision of the Code, or of a regulation adopted pursuant to the Code, may request and may be granted a hearing in a manner prescribed by the local political subdivision. ### Chapter 55 — Safety Glazing **Authority:** Public Safety Article, §§12-403 and 12-404, Annotated Code of Maryland **Administrative History:** Effective date: October 1, 1974 (1:1 Md. R. 22) **Administrative History:** Regulations .02—.05 repealed and new Regulation .02 adopted effective September 1, 1986 (13:12 Md. R. 1373) **Administrative History:** Chapter recodified from COMAR 05.01.06 to COMAR 05.02.06 **Administrative History:** Chapter recodified from COMAR 05.02.06 to COMAR 09.12.55 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .01A amended effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .02A amended effective March 25, 2019 (46:6 Md. R. 345) #### Regulation .01 Purpose and Authority. *COMAR 09.12.55.01* A. These regulations are adopted pursuant to Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland. This law provides for determinations by the Secretary of Labor as to three subjects: Further requirements for standards of safety glazing material; additional glazed elements to be designated “hazardous locations”; and exceptions of certain panels from the definition of “hazardous locations”. B. These regulations are to be read in conjunction with the Safety Glazing Law, Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland. #### Regulation .02 Reference Standards and Specific Hazardous Locations. *COMAR 09.12.55.02* A. The reference standards and specific hazardous locations applicable to safety glazing shall be those identified in COMAR 09.12.50 Maryland Model Performance Code. B. In addition to the specific hazardous locations indicated in the Maryland Model Performance Code, hazardous locations shall include the first fixed glazed panel on either or both sides of the door, or doors, which have a glazing less than 18 inches from the finished floor or whose least dimension is 18 inches or more, which may be mistaken as a means of egress or ingress. ### Chapter 56 — Maryland Swimming Pool and Spa Standards **Authority:** Public Safety Article, §§12-1203 and 12-1207(a)(2), Annotated Code of Maryland **Administrative History:** Effective date: January 22, 2024 (51:1 Md. R. 16) **Administrative History:** Regulation .03 amended effective March 30, 2026 (53:6 Md. R. 287) **Administrative History:** Regulation .05 amended effective March 30, 2026 (53:6 Md. R. 287) #### Regulation .01 Purpose. *COMAR 09.12.56.01* The purpose of this chapter is to adopt the International Swimming Pool and Spa Code (ISPSC). #### Regulation .02 Scope. *COMAR 09.12.56.02* A. Except as provided in §B of this regulation, the Standards shall apply to all swimming pools and spas for which an application for a building permit is received by a local jurisdiction on or after December 31, 2023. B. The Standards adopted under this chapter do not apply to a swimming pool or spa built and in operation before December 31, 2023, unless there is an alteration or repair that results in a substantial and material structural change to the swimming pool or spa that occurs on or after December 31, 2023. C. If there is an alteration or repair to a swimming pool or spa built and in operation before December 31, 2023, that results in a substantial or material structural change, the alteration or repair shall conform to the Standards. #### Regulation .03 Incorporation by Reference. *COMAR 09.12.56.03* The 2024 International Swimming Pool and Spa Code (ISPSC), International Code Council, is incorporated by reference. #### Regulation .04 Definitions. *COMAR 09.12.56.04* “Substantial and material structural change” means an alteration or repair that: A. Increases the volume of the swimming pool or spa by 15 percent or more; or B. Decreases the flow capacity of the swimming pool or spa by 15 percent or more. #### Regulation .05 Amendments. *COMAR 09.12.56.05* A. In Section 305.1, replace the word “not” with “also” to read “The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall also be required to comply with Sections 305.2 through 305.7”. B. Rename Section 305.2 to “Swimming pools and spas” and replace the text with the following: (1) A public swimming pool or spa shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7, except that the top of the barrier where measured on the side of the barrier that faces away from the swimming pool or spa shall be not less than: (a) 72 inches (1828mm) above grade for a Class A, B, C that is considered an apartment complex, housing subdivision, or mobile home park with more than ten units, or D swimming pool or spa; (b) 60 inches (1524mm) above grade for a Class C that is considered a hotel, motel, or condominium or E swimming pool or spa; and (c) 36 inches (914.4mm) above grade for a wading pool. (2) Non-public swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1 through 305.7. (3) Except as provided in §B(4) of this regulation, Sections 305.2.4 - 305.2.5.1 shall only apply to non-public pools. (4) Exception: For non-public spas or hot tubs equipped with a lockable safety cover complying with ASTM F1346, the areas where those spas or hot tubs are located shall not be required to comply with Sections 305.2.1 through 305.7. C. In Section 307.1.5, where “International Building Code” appears, substitute “COMAR 09.12.53 Maryland Accessibility Code” and, where “ICC A117.1” appears, substitute “COMAR 09.12.53 Maryland Accessibility Code”. D. Replace Section 314.7 with the following: (a) An emergency shutoff switch shall be provided to disconnect power to the recirculation systems. (b) An emergency shutoff switch shall be provided to disconnect power to feature pump systems, jet system pumps, and air blowers. These shutoff switches shall be: provided with access; located within sight of the pool or spa; and located not less than 5 feet (1524 mm) horizontally from the inside walls of the pool or spa. (c) Paragraphs (a) and (b) of this Section do not apply to onground storable pools, permanent inground residential swimming pools, residential spas and residential water features.” E. In Section 325.7.1, where “International Fire Code” appears, substitute “COMAR 29.06.01 Maryland State Fire Prevention Code.” F. Replace Section 410.1 “Toilet facilities” with the following: G. Add to Section 609.2.1 “Exception: This requirement shall not apply to Class C semipublic pools (if all units are within 500 feet).” ### Chapter 57 — International Green Construction Code **Authority:** Public Safety Article, §12-503(d), Annotated Code of Maryland **Administrative History:** Effective date: May 29, 2023 (50:10 Md. R. 407) **Administrative History:** Regulation .02 amended effective May 25, 2026 (53:10 Md. R. 454) #### Regulation .01 Purpose. *COMAR 09.12.57.01* The purpose of this chapter is to adopt the International Green Construction Code (IgCC). #### Regulation .02 Incorporation by Reference. *COMAR 09.12.57.02* The 2024 International Green Construction Code (IgCC), International Code Council, is incorporated by reference. ### Chapter 58 — Maryland Building Rehabilitation Code Regulations **Authority:** Public Safety Article, §§12-1004 and 12-1007(a), Annotated Code of Maryland **Administrative History:** Effective date: June 1, 2001 (28:10 Md. R. 946) **Administrative History:** Regulations .01—.09 repealed and new Regulations .01—.13 adopted effective July 16, 2007 (34:14 Md. R. 1245) **Administrative History:** Regulation .03 amended effective July 1, 2010 (37:13 Md. R. 851) **Administrative History:** Regulation .04B amended effective July 1, 2010 (37:13 Md. R. 851) **Administrative History:** Regulations .01—.13 repealed and new Regulations .01—.08 adopted effective April 1, 2013 (40:6 Md. R. 472) **Administrative History:** Regulation .03 amended effective April 11, 2016 (43:7 Md. R. 448) **Administrative History:** Regulation .04B amended effective April 11, 2016 (43:7 Md. R. 448) **Administrative History:** Chapter recodified from COMAR 05.16.01 to COMAR 09.12.58 effective March 25, 2019 (46:6 Md. R. 345) **Administrative History:** Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 641); May 29, 2023 (50:10 Md. R.407) **Administrative History:** Regulation .04B amended effective March 25, 2019 (46:6 Md. R. 345); May 29, 2023 (50:10 Md. R.407) #### Regulation .01 Title. *COMAR 09.12.58.01* This chapter shall be known and cited as the Maryland Building Rehabilitation Code Regulations. #### Regulation .02 Purpose and Applicability. *COMAR 09.12.58.02* A. The purpose of this chapter is to adopt the International Existing Building Code (IEBC), as described in this chapter, to encourage the continued use or reuse of legally existing buildings and structures. B. This chapter applies to all rehabilitation projects for which a construction permit application is received after the effective date of this chapter by: (1) A local jurisdiction; (2) The Maryland-National Capital Park and Planning Commission; or (3) The Washington Suburban Sanitary Commission. #### Regulation .03 Incorporation by Reference. *COMAR 09.12.58.03* A. The 2021 International Existing Building Code (International Code Council), as described in this chapter, is incorporated by reference. B. The International Existing Building Code, as incorporated by reference under §A of this regulation and described in this chapter, shall constitute the Maryland Building Rehabilitation Code. C. Modifications to the International Existing Building Code. (1) Chapter 1. Add note to Chapter 1 of the IEBC: Local jurisdictions are responsible for the implementation and enforcement of the Maryland Building Rehabilitation Code. Refer to each local jurisdiction for local amendments to Chapter 1 of the IEBC. (2) Chapter 1. Delete Section 101.6 Appendices and replace with the following: 101.6 Appendices. The Appendices A and C and Resource A are adopted as part of this code. (3) Chapter 2. Delete the definition of Addition in Section 202 and replace with the following: Addition has the meaning stated in Public Safety Article, §12-1001(b), Annotated Code of Maryland. (4) Chapter 2. Delete the definition of Change of Occupancy in Section 202 and replace with the following: Change of Occupancy has the meaning stated in Public Safety Article, §12-1001(c), Annotated Code of Maryland. (5) Chapter 2. Delete the definition of Existing Building in Section 202 and replace with the following: Existing Building has the meaning stated in Public Safety Article, §12-1001(f), Annotated Code of Maryland. (6) Chapter 3. Delete Section 306 and replace with the following: COMAR 09.12.53 shall be referenced for minimum requirements in providing accessibility and usability of buildings and facilities by individuals with disabilities. #### Regulation .04 Definitions. *COMAR 09.12.58.04* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advisory Council” means the Maryland Building Rehabilitation Code Advisory Council established by Public Safety Article, §12-1003, Annotated Code of Maryland. (2) “Complex rehabilitation project involving multiple codes” means a rehabilitation project or portion of a project that involves two or more construction codes listed in Regulation .06B of this chapter and is in: (a) One of the following categories of work: (i) Addition; (ii) Change of occupancy; or (iii) Reconstruction; or (b) Any category of work and involves the installation of sprinklers. (3) “Construction permit application” means an application made to a local jurisdiction for a permit or other governmental approval for a rehabilitation project. (4) “Department” means the Maryland Department of Labor. (5) “International Existing Building Code (IEBC)” means the International Existing Building Code, as incorporated by reference under Regulation .03 of this chapter. (6) “Local jurisdiction” means any of the 23 counties in Maryland, the City of Baltimore, and any municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution. (7) “Minimum Livability Code” means COMAR 09.12.54, exclusive of any local amendments or codes that may have been adopted. (8) “Secretary” means the Secretary of Labor. #### Regulation .05 Enforcement and Administration. *COMAR 09.12.58.05* A. The enforcement and administration of this chapter shall be the responsibility of local jurisdictions, using existing procedures. B. Refer to each local jurisdiction for the local administrative and enforcement procedures described in Chapters 1 and 15 of the IEBC. #### Regulation .06 Preliminary Meeting. *COMAR 09.12.58.06* A. If a building permit is required for a complex rehabilitation project involving multiple codes, at the request of the prospective permit applicant, after payment of a fee, if required, and before the submission of the construction permit application, the authority having jurisdiction, or the authority's designee, and individuals who are agency representatives in accordance with §B of this regulation, shall meet with the prospective applicant to discuss plans for any proposed work or change of occupancy under this chapter before the application for the permit is submitted. B. The preliminary meeting, to the extent possible, shall include the officials responsible for permit approval and enforcement in the following areas, as may be applicable to the rehabilitation project: (1) Building code; (2) Mechanical code; (3) Plumbing code; (4) Electrical code; (5) Fire code; (6) Boiler code; (7) Energy code; (8) Elevator code; and (9) Local historic preservation ordinances. C. When possible, a single meeting of all the parties shall be arranged. D. The purpose of the preliminary meeting is for the prospective applicant to present its intentions for the proposed work to the responsible code officials so that together they can determine which specific requirements of this chapter and the codes listed in §B of this regulation are to be applied to the proposed project. E. Decisions made at the preliminary meeting regarding the specific requirements of this chapter and the codes listed in §B of this regulation that are to be applied to the proposed project are binding on the prospective applicant and the code officials, their respective agencies, and local jurisdictions unless circumstances arise that were unknown or could not be ascertained by the prospective applicant at the time of the preliminary meeting. F. For a rehabilitation project or portion of a project that is in the repair, renovation, or modification category of work, a preliminary meeting may be granted at the discretion of the authority having jurisdiction when a request for a preliminary meeting is made by the prospective applicant before the submission of the construction permit application. #### Regulation .07 Maryland Building Rehabilitation Code Advisory Council. *COMAR 09.12.58.07* The responsibilities and duties of the Advisory Council are as follows: A. Advise the Department on development, adoption, and revisions to this chapter; B. Provide technical advice on the interpretation of this chapter to property owners, design professionals, contractors, local jurisdiction code officials, and local jurisdiction code appeal boards; C. To the extent possible, develop this chapter in a way that avoids increased costs to local jurisdictions arising from implementation of this chapter; and D. To the extent provided for in the State budget, provide training on this chapter to code officials and other public and private construction-related professionals. #### Regulation .08 Review Process for Proposed Amendments by Local Governments. *COMAR 09.12.58.08* A. A local government or an organization that represents a local government may propose an amendment to this chapter that will be applicable statewide. B. Proposed Amendment. A proposed amendment shall: (1) Be submitted in writing to the Director of the Advisory Council; (2) Identify the section or sections of this chapter involved; and (3) Include proposed deletions or additions to this chapter, the reasons for the request, and any supporting documentation. C. Within 10 business days of receipt, the Director shall forward a proposed amendment to the Advisory Council and provide a copy to the Secretary. D. The Advisory Council shall consider a proposed amendment not later than at its next regular meeting that is at least 30 days after the Director forwards a proposed amendment. E. The Advisory Council may request additional information from: (1) The local government or organization proposing an amendment; (2) Staff of the Department; (3) Other State agencies; or (4) Others with experience in the subject matter of a proposed amendment. F. Within 120 days of receipt by the Advisory Council of a proposed amendment or any requested additional information, whichever is later, the Advisory Council shall make a recommendation to the Secretary on whether to adopt, modify, or reject a proposed amendment. G. The Secretary shall decide whether to adopt, modify, or reject a proposed amendment and whether to adopt any change to this chapter necessary to implement that decision in accordance with the Administrative Procedure Act. H. Subject to Public Safety Article, §12-1007(d), Annotated Code of Maryland, a local jurisdiction may adopt amendments to the IEBC that apply only to the local jurisdiction without submitting the amendments to the Advisory Council for approval. I. A local jurisdiction that amends the IEBC shall provide a copy of the 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. ### Chapter 59 — *VACANT* ### Chapter 60 — Amusement Attractions — General Provisions **Authority:** Business Regulation Article, §§3-204(c), 3-302, 3-307—3-313, Annotated Code of Maryland **Administrative History:** Effective date: November 1, 2022 (4921 Md. R. 951) #### Regulation .01 Purpose. *COMAR 09.12.60.01* This chapter establishes safety standards for the installation, assembly, repair, maintenance, use, operation, disassembly, and inspection of amusement attractions permanently or temporarily erected at amusement parks, carnivals, or fairs operated in the State. #### Regulation .02 Definitions. *COMAR 09.12.60.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Accepted engineering practice” means engineering practice that conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities including, but not limited to, ASTM. (2) “ASTM” means ASTM International, originally known as the American Society for Testing and Materials. (3) “Attendant” means an employee assigned to assist the operator in attending to the safety needs of riders. (4) “Containing device” means a strap, belt, bar, gate, or other safety device designed to prevent accidental or inadvertent dislodgement of a rider from an amusement attraction, that does not provide physical support. (5) “Fail-safe” means a characteristic of an amusement attraction or component of an amusement attraction that is designed so that the normal and expected failure mode results in a safe condition. (6) “Fire official” means: (a) Except in Baltimore City, the State Fire Marshal or the State Fire Marshal's designee; and (b) In Baltimore City, the Baltimore City Fire Prevention Bureau. (7) “Major breakdown” means a stoppage of operation from any cause that results in damage, failure, or breakage of a structural or stress-bearing part of an amusement attraction. (8) “Major modification” means any change in either the structural or operational characteristics of the amusement attraction that will alter its performance from that specified in the manufacturer's design criteria. (9) “Nondestructive testing (NDT)” is testing, such as radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, visual, and leak testing, to detect and locate defects to assess an amusement attraction's components. (10) “Operator” means the person having direct control of the starting, stopping, or speed of an amusement attraction. (11) “Owner” has the meaning stated in Business Regulation Article, §3-101, Annotated Code of Maryland. (12) “Qualified person” means a person who: (a) By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or (b) Possesses a recognized degree, certificate, or professional standing. (13) “Rated capacity” means a capacity: (a) Established by the manufacturer for the normal loading and operation of an amusement attraction; or (b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection. (14) Rider. (a) “Rider” means any person who is: (i) Getting on an amusement attraction; (ii) Using an amusement attraction; or (iii) Getting off an amusement attraction. (b) “Rider” does not include employees of the amusement attraction owner while engaged in the duties of their employment. (15) “Special amusement structure” means a fun house, dark ride, glass house, walk through, haunted house, or any other similar amusement attraction. #### Regulation .03 Incorporation by Reference. *COMAR 09.12.60.03* In this chapter, the following documents are incorporated by reference to the extent that they are referenced in this chapter: A. The ASTM International Standards on Amusement Rides and Devices: 7th Edition, F2291—04 Standard Practice for Design of Amusement Rides and Devices (2004) (ASTM F 2291—04); and B. The National Electrical Code, ANSI/NFPA #70-2005, which is incorporated by reference in COMAR 20.50.02.02. #### Regulation .04 General Responsibility for Compliance. *COMAR 09.12.60.04* A. Each owner of an amusement attraction permanently or temporarily erected at a carnival, fair, or amusement park in the State shall: (1) Comply with the provisions of this chapter; and (2) Ensure that the manufacturer's specifications are followed in the erection, operation, maintenance, repair, and disassembly of the amusement attraction. B. In the event of a conflict between a regulation under this chapter and a manufacturer's specification, the owner shall comply with the provision that best ensures the safety of the public as determined by the Commissioner. #### Regulation .05 Inspection, Registration, and Certificate Inspection. *COMAR 09.12.60.05* A. An owner may not operate an amusement attraction unless the amusement attraction has been inspected and a certificate of inspection has been issued by the Commissioner. B. Annual Registration. (1) Annually, by April 1, each owner shall register with the Commissioner all of the existing amusement attractions that were previously issued a certificate of inspection by the Commissioner that the owner intends to operate in Maryland that year. (2) The owner of a new amusement attraction or an amusement attraction that was not previously registered or issued a certificate of inspection in Maryland shall register the amusement attraction with the Commissioner as soon as practical or at least 30 days before anticipated operation and shall include the documentation required in Regulation .10 of this chapter. C. Inspection Hours. (1) Amusement attraction inspections will normally be conducted during the business hours of 7 a.m. through 6 p.m., Monday through Friday, excluding holidays. (2) The Commissioner may schedule inspections at other times when the Commissioner determines that there are extenuating circumstances. D. Request for Inspection. (1) Each owner shall notify the Commissioner that the owner's amusement attraction is ready for inspection by submitting a completed inspection request form at least 30 days in advance of the anticipated operation date. (2) If there is a cancellation or change in the schedule of location or dates after initial notification, an owner shall: (a) Immediately notify the Commissioner by telephone; and (b) Promptly confirm the change in writing. (3) If an owner is unable to provide the Commissioner with the required 30-day advance notice, the owner shall submit to the Commissioner an inspection request form along with a detailed explanation of the reason for the lack of advance notice. The Commissioner may grant the inspection request contingent upon the availability of State resources. (4) The owner of a new amusement attraction, an amusement attraction that has undergone a major modification, or an amusement attraction that has never received a certificate of inspection allowing it to operate in Maryland shall: (a) Submit all required records in compliance with Regulation .10 of this chapter; and (b) After filing the required records, submit a request for inspection to the Commissioner at least 30 days in advance of the anticipated operation date. (5) The inspection request form shall be furnished by the Commissioner. (6) The owner shall include with the inspection request form a certificate of insurance indicating that the owner has obtained insurance in the amount required by Business Regulation Article, §3-403, Annotated Code of Maryland. E. Certificate of Inspection. A certificate of inspection shall be posted in public view on the amusement attraction for which the certificate is issued. F. Work Orders. (1) The Commissioner may issue a work order that details required corrective action for an amusement attraction and the time allowed for abatement of each action. (2) If the corrective action is not completed within the time allowed, the Commissioner may: (a) Grant an extension of the time allowed; or (b) Deny a certificate of inspection. G. Special Amusement Structures. (1) For a special amusement structure located in an amusement park, the owner shall make a request to the fire official for the jurisdiction where the amusement attraction is located for a fire safety inspection: (a) Annually, before the start of operation in the State; and (b) When there is a change in construction or decorative material. (2) For a special amusement structure located in a carnival or fair, the owner shall make a request to the fire official for the jurisdiction where the amusement attraction is located for a fire safety inspection: (a) Before operation at each location; and (b) When there is a change in construction or decorative material. (3) A certificate of inspection issued by the Commissioner is valid for the amusement attraction only and does not address fire safety issues that may be required by the local fire official. H. Exits. (1) At least two exits remote from each other shall be provided for each floor, tier, room, or balcony in a structure that contains an amusement attraction. (2) An exit may not be less than 22 inches wide. #### Regulation .06 Identification and State Registration Plates. *COMAR 09.12.60.06* A. Information Plate. (1) An information plate: (a) Is required for each amusement attraction; (b) Shall be printed in English; and (c) Shall be designed to remain legible for the expected life of the amusement attraction. (2) The information plate shall include the following, as applicable: (a) Serial number, which is a manufacturer-issued or owner-issued unique identifying number; (b) Name of the amusement attraction; (c) Manufacturer of the amusement attraction; (d) Date of manufacture, which is the month and year of manufacture, as determined by the manufacturer, if known; (e) Speed, maximum, minimum, or both, revolutions per minute, feet per second, or miles per hour, as applicable; (f) Direction of travel, if the direction of travel is essential to the safe operation of the amusement attraction; and (g) Rated capacity. B. State Registration Plate. (1) The Commissioner shall issue a State registration number and State registration plate to each registered amusement attraction. (2) If the registration number is no longer legible, the owner shall notify the Commissioner for issuance of a replacement State registration plate. C. Each amusement attraction shall have the information plate and State registration plate firmly attached in a readily visible location on the amusement attraction. D. Each individual sweep, carrier, car, tub, seat, train, kart, chair, element, or trampoline shall be individually identified by: (1) Numbers (e.g. sweep 1, carrier 2, seat 3); or (2) Letters or names (e.g. train B, car C, seat 1); or (3) Color if only be used once per attraction (e.g. blue tub, seat 3). #### Regulation .07 Operation. *COMAR 09.12.60.07* A. Each owner shall read and become familiar with the contents of the manufacturer's recommended operating instructions and specifications. B. Operation Manual. (1) The owner shall keep and maintain a manual documenting the operating requirements. (2) The operation manual shall address the following issues: (a) Ride cycle time; (b) Proper loading and unloading procedures and proper rider distribution; (c) Procedures for responding to emergencies and extreme environmental conditions; (d) Rider limitations, such as height, age, and rider placement; (e) Minimum electrical power required to safely operate the amusement attraction; (f) Minimum and maximum water flow rates, if applicable; (g) Specific amusement attraction operational procedures consistent with the manufacturer's instructions; (h) Specific duties and responsibilities of the operator and attendant; (i) Maintenance requirements and procedures; (j) Testing requirements and procedures; (k) General safety procedures; and (l) Preopening inspection list and preopening inspection procedures. (3) The manual shall be kept on location with the amusement attraction or otherwise readily available. (4) A copy of the manual, in English, shall be provided to the Commissioner on request. (5) The owner shall ensure that all operators adhere to the provisions of the applicable operator’s manual. C. Designated Operator. (1) The owner shall ensure each amusement attraction is under the direct control of an operator with training specific to that amusement attraction. (2) An operator shall operate only one amusement attraction at a time. (3) When the amusement attraction is not in operation, the owner shall prevent operation by any unauthorized person. (4) An operator: (a) May not operate any amusement attraction while under the influence of drugs or alcohol; (b) Shall know the use and function of all operating controls, signal systems, and safety devices applicable to the amusement attraction; (c) Shall know the proper rider loading sequence, capacity, and speed of the particular amusement attraction being operated; (d) Shall remain at the operating controls during operation; (e) Shall have control of the amusement attraction at all times; (f) Shall enforce applicable restrictions; and (g) Whenever possible, shall be positioned at a location with a clear view of the rider loading and unloading areas. D. If a clear view under §C(4)(g) of this regulation cannot be maintained, operators or attendants shall ensure that the area is safe before operation. E. Operator and Attendant Identification. (1) An owner shall issue to each operator and attendant identification, such as a uniform or badge that clearly identifies the person as an operator or attendant. (2) Before issuing any identification, the owner shall train the employee in accordance with §F of this regulation. (3) The identification shall clearly indicate the following: (a) The employee title, that is, operator or attendant; (b) Either the name of the employee or an employee identification number; and (c) The name of the amusement attraction company. (4) While operating an amusement attraction, the operator or attendant shall wear the operator or attendant identification in a readily visible location. F. Operator and Attendant Training. (1) The owner shall provide training for each operator and attendant of an amusement attraction. (2) Operator and attendant training shall include, but not be limited to, the items specified in §§C(4) and D of this regulation. (3) Operators and attendants shall be trained in the following: (a) Specific amusement attraction operational policies and procedures consistent with the manufacturer's instructions; (b) Specific duties and responsibilities of the operator and the attendant; (c) Emergency procedures in the event of an abnormal condition, interruption of power, or severe environmental conditions; (d) Instructions on general safety procedures; and (e) Additional instructions considered necessary by the owner. (4) As part of the training, the owner shall observe each operator's and attendant's ability to operate an amusement attraction safely, as demonstrated by the successful completion of the requirements of this section. (5) The owner shall document that each operator and attendant has been trained and evaluated as required by this regulation with the following: (a) Name of the operator or attendant; (b) Date of training, date of evaluation; and (c) The identity of the person or persons performing the training or evaluation. (6) The owner shall provide periodic refresher training, including an evaluation of the effectiveness of that training. (7) The owner shall document the refresher training for each operator and attendant with the information set forth in §F(5) of this regulation. G. Ride Safety Supervisor. An owner shall designate a ride safety supervisor to: (1) Monitor amusement attraction operations at all times when in operation; and (2) Ensure that the amusement attractions are operated safely and in accordance with this chapter. H. Daily Inspection Program. (1) The owner shall ensure that each amusement attraction is inspected and tested each day before operation, with a daily preopening inspection program under §H(2) of this regulation. (2) The daily preopening inspection program shall include, but not be limited to, the following: (a) Inspection and testing of all rider-carrying devices, including restraint, containing devices and latches; (b) Inspection and testing of all automatic and manual safety devices; (c) Inspection and testing of the brakes, including service brakes, emergency brakes, parking brakes, and antirollback devices; (d) Inspection and testing of control devices, speed-limiting devices, and other equipment provided for safety; (e) Visual inspection of all fencing, gates, and guardrails; (f) Visual inspection of the amusement attraction structure, blocking and supports, electrical components, and wiring; (g) Inspection of entrances, exits, stairways, and ramps; (h) Functional testing of all communication equipment necessary for the operation of the amusement attraction; and (i) Before carrying riders, operation of the amusement attraction for a minimum of one complete operating cycle. (3) A copy of the daily preopening inspection shall be provided to the Commissioner on request. (4) Worn and damaged components shall be repaired or replaced immediately and before operation. I. Voice Communication and Signal System. (1) Voice communication or a signal system, or both, shall be provided if the operator does not have a clear view of the area where riders are loaded or unloaded. (2) For amusement attractions that require a spoken message of instruction or warning prior to operation, the message shall be: (a) Given in a manner that is clearly audible to all riders before the start of each ride cycle; and (b) In writing in the operating manual. (3) Coded Signals. (a) When coded signals are necessary for operation of an amusement attraction, the code shall be printed and kept posted at both the operator and signal-person stations. (b) All persons using coded signals shall be instructed in their use and be trained to understand thoroughly their operation and meaning. (4) Signals for the movement or operation of an amusement attraction may not be given until all riders, operators, and other persons who may be endangered are in a position of safety. (5) Voice communication and signal systems shall be tested daily before operation as part of the daily inspection program. (6) An amusement attraction requiring voice communication or a signal system, or both, may be operated only if the system is functioning properly. #### Regulation .08 Injury Reporting and Recording. *COMAR 09.12.60.08* A. Injury Reporting. (1) Whenever a death, in-patient hospitalization, amputation, compound fracture, broken tooth, or loss of an eye occurs during the use of an amusement attraction: (a) The person who directly controls the operation of the amusement attraction shall immediately close the amusement attraction until it has been inspected by the Commissioner; and (b) The amusement owner shall report orally or in writing to the Commissioner within 24 hours: (i) Date and time of the incident; (ii) Name, address, and telephone number of the injured person and parent or guardian information if the injured person is a minor; (iii) Age of the injured person; (iv) Name and manufacturer of the amusement attraction; (v) Description of the injury; (vi) Description of events related to the incident; and (vii) Name, address, and phone number of the amusement attraction operator and attendants. (2) If an owner is unaware of the condition of a member of the public injured during the operation of an amusement attraction who was transported away from the premises by an emergency response vehicle, the owner shall report verbally to the Commissioner within 24 hours the information required in §A(1)(b) of this regulation. B. Injury Recording. (1) In addition to the reporting requirements of §A of this regulation, all owners shall maintain an injury log of all injuries to the public that occur during use of amusement attractions that require medical treatment by a physician other than one-time first aid and does not include: (a) An injury that does not ordinarily require medical treatment, such as a minor burn, splinter, contusion, scratch, or cut not requiring stitches; or (b) A diagnostic procedure, including examination and x-ray, even though provided by a physician or other licensed professional personnel. (2) The injury log shall contain the following information: (a) Company name; (b) Location; (c) Date; (d) Certificate number; (e) Type of amusement attraction; (f) Nature of incident; (g) Description of injury; (h) Age of injured person; (i) Last known condition of injured person, including date information obtained; and (j) Date added to log. (3) Each injury required under this section and §A of this regulation, shall be recorded on the injury log within 7 calendar days and updated as additional required information becomes available. (4) A copy of a sample injury log is available on the Department’s webpage. (5) An owner shall maintain injury logs on a calendar year basis beginning January 1, 2023. (6) Beginning January 1, 2024, an owner shall certify the completeness and accuracy of the information contained on the injury log by January 15 of the following calendar year. (7) Beginning January 1, 2023, an owner shall provide access to prior years’, and the portion completed for the current year, injury log to the Commissioner. (8) Each owner shall maintain, and make available for inspection by the Commissioner, an injury log for 5 years. #### Regulation .09 Amusement Attraction Operating Records and Reports. *COMAR 09.12.60.09* A. Daily Inspection Reports. (1) Daily inspection reports shall be: (a) Signed by the person performing the inspection immediately upon completion of the inspection; (b) Kept with the amusement attraction or at an on-site office; and (c) Maintained for at least 30 days. (2) Copies of daily inspection reports shall be made available to the Commissioner on request. B. Daily Electrical Inspection Report. (1) The owner shall ensure that a qualified person performs an inspection of the electrical system each day before operation. (2) A copy of the electrical inspection report shall be: (a) Signed by the person performing the inspection; (b) Kept with the amusement attraction or at an on-site office; (c) Maintained for at least 30 days; and (d) Provided to the Commissioner upon request. C. NDT Results. (1) The owner shall maintain a copy of the NDT results if required by COMAR 09.12.62.05K for a period of 1 year: (a) With the amusement attraction; (b) At an on-site office; or (c) Otherwise readily available. (2) A copy of the NDT results shall be provided to the Commissioner on request. D. An owner shall immediately notify the Commissioner of a major breakdown. E. Written Log. (1) An owner shall ensure that a written log is: (a) Maintained containing any reports from riders complaining of adverse physical effects or operating inconsistencies occurring during the operation of an amusement attraction; and (b) Submitted to the Commissioner when multiple reports of a particular nature that may indicate a pattern are shown on the log. (2) A copy of the log shall be made available to the Commissioner upon request. F. Identification Records. An owner shall maintain a record of operator and attendant identification that includes the following for each operator and attendant: (1) Name, address, and phone number; and (2) Identification number, if any. G. Record of Training. (1) Each owner shall: (a) Maintain a record of the training provided to each operator and attendant; and (b) Provide the Commissioner with a copy of the record of training on request. (2) The training record shall indicate the following for each operator or attendant: (a) The name or identification number; (b) A detailed description of the training provided; and (c) A list of all the amusement attractions for which the operator and attendant received training. #### Regulation .10 Design Criteria. *COMAR 09.12.60.10* A. Scope. This regulation does not apply to an amusement attraction that has operated in Maryland prior to January 2008 unless there is a major modification. B. Owners shall ensure that new amusement attractions and amusement attractions with major modifications that are operated in the State meet the criteria set forth in this regulation. C. Except as otherwise provided in this regulation, amusement attractions manufactured after January 2008 shall comply with ASTM F 2291—04 and conform to accepted engineering practices and standards. D. The owner of an amusement attraction subject to §C of this regulation shall provide the Commissioner with: (1) A copy of the operations and maintenance manuals, assembly instructions, and testing requirements; (2) Certification records from the manufacturer or a licensed professional engineer verifying that the amusement attraction is compliant with ASTM F 2291—04; and (3) If requested, general design criteria as outlined in ASTM F 2291—04, Section 5. E. Amusement attractions that are specifically excluded from ASTM F 2291—04 and manufactured after January 2008 shall conform to recognized engineering practices, procedures, standards, and specifications. F. The owner of an amusement attraction subject to §E of this regulation shall provide the Commissioner with: (1) Certification from a licensed professional engineer verifying that design data specific to the amusement attraction, including, but not limited to, stress analysis and safety factors along with the materials and components being used, are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; (2) A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements; and (3) If requested, other pertinent data considered necessary by the Commissioner. G. Amusement attractions that were previously registered and allowed to operate in Maryland and that have undergone a major modification subsequent to January 2008 shall be certified by a professional engineer that the modifications are consistent with accepted engineering practices and standards and ASTM F 2291—04. H. The owner of an amusement attraction subject to §G of this regulation shall provide the Commissioner with: (1) Certification from a licensed professional engineer verifying that design data specific to the amusement attraction, including, but not limited to, stress analysis and safety factors along with the materials and components being used, are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; (2) A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements; and (3) If requested, other pertinent data considered necessary by the Commissioner. I. The owner of an existing amusement attraction manufactured before January 2008 of a particular design that had not previously operated in Maryland shall provide the Commissioner with: (1) Certification records from a licensed professional engineer verifying that the amusement attraction and the materials and components being used are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; and (2) A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements. J. If the manufacturer's specifications of an amusement attraction subject to §I of this regulation are unavailable for good reason, the owner shall: (1) Develop specifications that ensure safe assembly, operation, repair, maintenance, testing, and disassembly of the amusement attraction; (2) Employ a licensed professional engineer to certify that the specifications are consistent with accepted engineering practices and standards and ASTM F 2291—04; and (3) If requested, provide other pertinent data considered necessary by the Commissioner. K. Copies of all documents provided to the Commissioner shall be in English. #### Regulation .11 Signage. *COMAR 09.12.60.11* A. When a manufacturer or the Commissioner requires a restriction on the use of an amusement attraction, such as the age or weight of a rider, a legible sign indicating the restriction shall be posted in full view of individuals seeking admission to the amusement attraction: (1) At the location specified by the manufacturer; (2) At the entrance of the amusement attraction; or (3) Close to the amusement attraction. B. All amusement attractions shall have a sign posted indicating the height or age restriction, or both, for that amusement attraction. C. Entrances to machinery rooms or restricted areas shall have a sign posted warning unauthorized persons not to enter. #### Regulation .12 Fire Protection. *COMAR 09.12.60.12* A. Flammable and Combustible Liquids. (1) An owner shall store and handle liquid petroleum gases and flammable liquids as required under the: (a) Occupational Safety and Health Standards — 29 CFR §1910.106 (OSHA); and (b) National Fire Protection Association (NFPA) standards adopted by the State Fire Marshal or designee or the Baltimore City Fire Prevention Bureau. (2) Gasoline and other flammable liquids or gases shall be stored in listed and labeled containers in a location that is: (a) Reasonably cool and ventilated; (b) Not accessible to the public; and (c) At least 20 feet from an amusement attraction or other flammable material. (3) Flammable or combustible waste materials, such as oily rags, shall be stored in a covered metal container that is: (a) Properly identified; and (b) Kept at least 20 feet from an amusement attraction. B. Fire Extinguishers. (1) An owner shall provide at least one portable fire extinguisher having an ABC rating, as defined by the National Electrical Code, ANSI/NFPA #70, of not less than 10 pound capacity. (2) The fire extinguisher shall be located not less than 25 feet, or more than 75 feet, from any flammable or combustible: (a) Liquid storage; or (b) Liquid-powered amusement attraction or portable generator. #### Regulation .13 Electrical Requirements. *COMAR 09.12.60.13* A. Electrical systems, conductors, and equipment installed on or used in conjunction with amusement attractions shall comply with: (1) The National Electrical Code, National Fire Protection Association 70 in effect at the time of the manufacture of the amusement attraction; or (2) At a minimum, the National Fire Protection Association 70 (1987). B. Each owner shall ensure that electrical systems required to operate amusement attractions be installed and maintained by a qualified person. C. Electrical inspections shall be performed prior to public use by the qualified person responsible for the electrical installation. D. A copy of the electrical inspection report shall be: (1) Signed by the person performing the inspection; (2) Kept with the amusement attraction or at an on-site office; (3) Maintained for at least 30 days; and (4) Provided to the Commissioner on request. E. Equipment Grounding and Bonding. (1) Equipment grounding and bonding shall comply with the National Electrical Code. (2) The continuity of the grounding conductor system shall be verified as part of the daily preopening electrical inspection. (3) The neutral and equipment safety grounding conductors shall be continuous and separate throughout the entire system. (4) Separate steel tracks or steel framework, such as roller coaster tracks or large slides, shall have grounding in accordance with Article 250 of the National Electrical Code. F. Portable distribution or terminal boxes shall be: (1) Designed so that no live parts are exposed to accidental contact; (2) Of weatherproof construction and mounted so that the bottom of the box is not less than 6 inches above ground; and (3) Protected against access from the general public and other unauthorized personnel. G. Current Limiting Devices. (1) A conductor shall be fused or protected to its current carrying capacity. (2) A fuse or current limiting device may not be installed in neutral or grounding conductors. (3) Motors and lighting circuits shall be fused separately. (4) Each fuse or current limiting device shall be installed in accordance with the National Electrical Code. H. Wiring Methods. (1) Where flexible cords or cables are used, they shall be listed for extra hard usage. (2) Where flexible cords or cables are used and are not subject to physical damage, they shall be permitted to be listed for hard usage. (3) An elevated power line crossing a road within a carnival, fair, or amusement park shall be suspended to provide: (a) Minimum vertical clearance of 15 feet from the road surface; and (b) Minimum horizontal clearance of 3 feet on each side of normal vehicle passage space. (4) A flexible cord shall be connected to devices and fittings sufficient to ensure that tension of the cord is not transmitted to connectors or terminals. (5) Flexible cords or cables shall be continuous without splice or tap between boxes or fittings. (6) Cord connectors may not be laid on the ground unless listed for wet locations. I. Amusement attractions may not be located: (1) Less than 15 feet in any direction from overhead conductors operating at 600 volts or less, except for the conductors supplying the amusement attraction; or (2) Under or within 15 feet of horizontal conductors operating in excess of 600 volts. J. An electrical power source, that is, a portable electrical generator, shall be: (1) Positioned in a manner to permit proper maintenance; and (2) Protected by either fencing or a secure enclosure to prevent public access and exposure to hazard. K. Collector Rings. (1) Collector rings and brush assemblies shall be sized to accommodate the rated load. (2) A grounding collector ring or device capable of carrying the sum of the over-current devices feeding the slip ring set shall be provided. L. Lighting Systems. (1) Lighting systems shall be kept in good repair and protected against accidental contact and, if possible, breakage. (2) All fluorescent lighting systems that are connected to moving components of an amusement attraction or within 7 feet, 6 inches, of a rider or spectator shall be: (a) Properly secured and protected against accidental breakage; and (b) Capable of containing the pieces of a broken light. M. Power Line Clearances. (1) Power line clearances shall comply with the National Electrical Code, ANSI/NFPA #70, Article 525.5—2005. (2) Amusement attractions may not be erected within 15 feet in any direction of overhead conductors operating at 600 volts or less. (3) Amusement attractions may not be erected under or within 15 feet horizontally of conductors operating in excess of 600 volts. #### Regulation .14 Rules of Procedure for Hearings. *COMAR 09.12.60.14* All contested case hearings before the Commissioner shall be governed by COMAR 09.01.02. #### Regulation .15 Variances. *COMAR 09.12.60.15* A. Application for Variance. (1) An affected owner may apply to the Commissioner for a variance from any regulation adopted under Business Regulation Article, Title 3, Annotated Code of Maryland. (2) An application for variance shall be in writing and shall include: (a) The name and address of the applicant; (b) Identification of the regulation from which the applicant seeks a variance; (c) The location, equipment, and practices involved; (d) A detailed statement of the applicant's reasons for requesting a variance; (e) A statement of the steps the applicant has taken and will take, with specific dates when appropriate, to protect the public against the specific hazard covered by the regulation; and (f) Any request for a hearing. B. Posting of Notice. (1) Immediately on filing a request for a variance pursuant to Business Regulation Article, §3-314, Annotated Code of Maryland, an applicant shall post notice of the application at the place or places where a certificate of inspection is required to be posted. (2) The notice shall include: (a) The name and address of the applicant; (b) The date on which the application was filed; (c) Identification of the regulation from which the applicant seeks a variance; (d) The location, equipment, and practices involved; and (e) Notice to the public and affected employees of their right to participate in the proceeding. (3) The notice shall be maintained until the commencement of the proceedings. C. Order of Variance. (1) After investigation, on-site inspection, and such hearing as the Commissioner may direct, the Commissioner may grant a variance from a regulation under this chapter if: (a) It is evident that action is necessary to prevent undue hardship; or (b) Existing conditions prevent practical compliance and the reasonable safety of the public can, in the opinion of the Commissioner, be ensured. (2) An order of variance may require such special conditions as are reasonably necessary to ensure public safety. (3) A declaration, act, or omission of the Commissioner or the Commissioner's authorized representative, other than a written order authorizing a variance as permitted above, may not be construed to exempt, either wholly or in part, expressly or implicitly, any owner from full compliance with the terms of any regulation under this chapter. D. Modification, Revocation, and Renewal of Order of Variance. (1) The Commissioner may modify, revoke, or renew an order of variance in the same manner prescribed for the issuance of an order of variance. (2) An order of variance may not be modified or revoked unless affected parties are informed of the proposed action and afforded an opportunity to: (a) Submit written data, views, or arguments regarding the proposed action; and (b) Request a hearing on the proposal. #### Regulation .16 Additional Requirements — Attraction Specific Requirements. *COMAR 09.12.60.16* See COMAR 09.12.61 for additional requirements based on type of amusement attraction. ### Chapter 61 — Amusement Attractions — Attraction Specific Provisions **Authority:** Business Regulation Article, §§3-302, 3-307—3-313, Annotated Code of Maryland **Administrative History:** Effective date: November 1, 2022 (4921 Md. R. 951) **Administrative History:** Regulation .01 amended effective April 14, 2025 (52:7 Md. R. 321) **Administrative History:** Regulation .02 amended effective April 14, 2025 (52:7 Md. R. 321) **Administrative History:** Regulation .07 adopted effective April 14, 2025 (52:7 Md. R. 321) **Administrative History:** Regulation .07 recodified to Regulation .08 effective April 14, 2025 (52:7 Md. R. 321) **Administrative History:** Regulation 08 recodified to Regulation .09 effective April 14, 2025 (52:7 Md. R. 321) #### Regulation .01 Purpose. *COMAR 09.12.61.01* This chapter identifies specific provisions for ropeway-aerial lifts, towers and conveyors as well as challenge courses and canopy/zipline tours and trampolines, trampoline courts and trampoline parks in addition to providing cross references to specific provisions of other types of attractions. #### Regulation .02 Incorporation by Reference. *COMAR 09.12.61.02* In this chapter, the following documents are incorporated by reference to the extent that they are referenced in this chapter: A. The American National Standard for Passenger Ropeways — Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors — Safety Requirements, ANSI B77.1-1999, excluding Section 2.3.6.3; B. ANSI/ACCT 03-2016 Challenge Courses and Canopy/Zip Line Tours Standards; and C. American Society for Testing Materials, F2970-2022 Trampolines, Trampoline Courts/Trampoline Parks Standards, excluding the definition of “major modification” in Section 8. #### Regulation .03 Water Slides Erected Permanently or Temporarily in the State. *COMAR 09.12.61.03* In addition to the requirements in COMAR 09.12.60 and 09.12.62, water slides erected permanently or temporarily in the State shall comply with the requirements of COMAR 09.12.63. #### Regulation .04 Go-Kart Operations. *COMAR 09.12.61.04* In addition to the requirements in COMAR 09.12.60 and 09.12.62, go-kart operations shall comply with the requirements of COMAR 09.12.64. #### Regulation .05 Ropeways-Aerial Lifts, Surface Lifts, Towers, and Conveyors. *COMAR 09.12.61.05* In addition to the requirements in COMAR 09.12.60, passenger transportation systems that use cables, ropes, or other flexible elements for power transmission in the system shall conform to the American National Standard for Passenger Ropeways — Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors — Safety Requirements, which is incorporated by reference in COMAR 09.12.61.02. #### Regulation .06 Challenge Courses and Canopy/Zip Line Tours. *COMAR 09.12.61.06* In addition to the requirements in COMAR 09.12.60, Challenge Courses and Canopy/Zip Line Tours shall conform to the ANSI/ACCT 03-2016 Challenge Courses and Canopy/Zip Line Tours Standards, which is incorporated by reference in COMAR 09.12.61.02. #### Regulation .07 Inflatable Amusement Attractions. *COMAR 09.12.61.07* The requirements for inflatable amusement attractions are in COMAR 09.12.66 of this chapter. #### Regulation .08 All Other Amusement Attractions. *COMAR 09.12.61.08* In addition to the requirements in COMAR 09.12.60, all other amusement attractions covered under this subtitle not included in Regulations .05—.07 of this chapter shall comply with the requirements under COMAR 09.12.62. #### Regulation .09 All Other Amusement Attractions. *COMAR 09.12.61.09* In addition to the requirements in COMAR 09.12.60, all other amusement attractions covered under this subtitle not included in Regulations .05. — .08 of this chapter shall comply with the requirements under COMAR 09.12.62 Amusement Attractions Erected Permanently or Temporarily at Carnivals, Fairs, and Amusement Parks. ### Chapter 62 — Amusement Attractions Erected Permanently or Temporarily at Carnivals, Fairs, and Amusement Parks **Authority:** Business Regulation Article, §§3-302, 3-307—3-313, Annotated Code of Maryland **Administrative History:** Effective date: December 30, 1977 (4:27 Md. R. 2105) **Administrative History:** Regulations .02L, .04B, .11F, and .16E and F amended effective February 14, 1983 (10:3 Md. R. 209) **Administrative History:** Regulation .07A amended effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Regulation .07D adopted effective August 26, 1985 (12:17 Md. R. 1705) **Administrative History:** Regulation .07E adopted effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Regulation .10 repealed effective August 26, 1985 (12:17 Md. R. 1705) **Administrative History:** Regulation .11E amended effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Regulations .15B and .16C amended effective August 26, 1985 (12:17 Md. R. 1705) **Administrative History:** Regulation .16C amended effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Regulation .16G adopted effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Regulation .16H adopted effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Regulation .18 adopted effective June 15, 1987 (14:12 Md. R. 1349) **Administrative History:** Chapter revised effective January 23, 1989 (16:1 Md. R. 68) **Administrative History:** Chapter revised effective May 28, 1990 (17:10 Md. R. 1219) **Administrative History:** Regulation .04F adopted effective June 22, 1992 (19:12 Md. R. 1133) **Administrative History:** Regulation .07 amended effective April 26, 1993 (20:8 Md. R. 723) **Administrative History:** Regulation .08 amended effective April 26, 1993 (20:8 Md. R. 723); January 25, 1999 (26:2 Md. R. 106) **Administrative History:** Regulation .11E amended effective November 25, 1991 (18:23 Md. R. 2487) **Administrative History:** Regulations .01—.20, repealed and new Regulations .01—.20 adopted effective March 24, 2008 (35:6 Md. R. 697) **Administrative History:** Chapter revised effective November 1, 2022 (49:21 Md. R. 951) #### Regulation .01 Purpose. *COMAR 09.12.62.01* In addition to the general requirements contained in COMAR 09.12.60, this chapter establishes specific requirements for the installation, assembly, repair, maintenance, use, operation, disassembly, and inspection of amusement attractions permanently or temporarily erected at amusement parks, carnivals, or fairs operated in the State with the exception of challenge courses, and ropeways-aerial lifts which are provided for in COMAR 09.12.61 and inflatable amusement attractions which are provided for in COMAR 09.12.66. #### Regulation .02 Definitions. *COMAR 09.12.62.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Accepted engineering practice” means engineering practice that conforms to accepted principles, tests, or standards of nationally recognized technical or scientific authorities including, but not limited to, ASTM. (2) “ASTM” means ASTM International, originally known as the American Society for Testing and Materials. (3) “Containing device” means a strap, belt, bar, gate, or other safety device designed to prevent accidental or inadvertent dislodgement of a rider from an amusement attraction, that does not provide physical support. (4) “Design load” means the load established by the manufacturer for normal operation, with required factors of safety and design to withstand both static and dynamic loads, including dead, live, and wind loads and impact. (5) “Fail-safe” means a characteristic of an amusement attraction or component of an amusement attraction that is designed so that the normal and expected failure mode results in a safe condition. (6) “Fence” means a type of barrier: (a) Consisting of, but not limited to, posts, boards, wire, stakes, or rails; and (b) Used to inhibit an individual from coming into contact with the moving portion or restricted portion of an amusement attraction. (7) “Owner” has the meaning stated in Business Regulation Article, §3-101, Annotated Code of Maryland. (8) “Qualified person” means a person who: (a) By extensive knowledge, training, and experience has successfully demonstrated the ability to solve or resolve problems relating to the work; or (b) Possesses a recognized degree, certificate, or professional standing. (9) “Rated capacity” means a capacity: (a) Established by the manufacturer for the normal loading and operation of an amusement attraction; or (b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection. (10) “Restraining device” means a safety belt, harness, chain, bar, or other device that affords physical support, retention, or restraint to a rider on an amusement attraction. (11) Rider. (a) “Rider” means any person who is: (i) Getting on an amusement attraction; (ii) Using an amusement attraction; or (iii) Getting off an amusement attraction. (b) “Rider” does not include employees of the amusement attraction owner while engaged in the duties of their employment. (12) “Safety retainer” means a secondary safety rope, bar, attachment, or other device designed to prevent parts of an amusement attraction from becoming disengaged from the mechanism or from tipping or tilting in a manner to cause hazard to a person near or riding on an amusement attraction. #### Regulation .03 Incorporation by Reference. *COMAR 09.12.62.03* The ASTM International Standards on Amusement Rides and Devices, is incorporated by reference in COMAR 09.12.60.03A to the extent referenced in this chapter. #### Regulation .04 Access, Egress, and Walking Surfaces. *COMAR 09.12.62.04* A. General Requirements. (1) All amusement attractions shall have a safe and adequate means of access and egress. (2) All walking surfaces, including, but not limited to, loading and unloading areas, platforms, landings, stairs, and ramps shall be stable, firm, and slip-resistant. (3) If there is the potential for exposure to a fall distance exceeding 30 inches, the owner shall take action to inhibit such falls. B. Stairways, Ramps, Landings, and Platforms. (1) Adequate stairways, ramps, landings, and platforms shall be provided at the entrance to and exit from an amusement attraction that is above or below grade or floor level. (2) Stairways, landings, and ramps shall be designed and constructed using a safety factor of 5 to safely sustain the load that may be imposed on it. (3) Stairways and ramps shall be at least 22 inches wide. (4) A stairway shall be provided at entrances and exits where there is a break in elevation of 19 inches or more, and no ramp, runway, or sloped embankment is provided. (5) Stair treads shall be at least 10-1/2 inches deep, exclusive of nosing, and comply with the following: (a) The height of rise may not exceed 9 inches; and (b) Between any two levels, stair treads shall be of uniform depth and the risers of uniform height. (6) The maximum slope of any ramp may not exceed 1:12. C. Passageways. (1) Passageways shall be: (a) At least 22 inches wide; and (b) Kept free of debris, obstructions, projections, and other hazards. (2) Surfaces shall be constructed and maintained to prevent slipping and tripping. (3) Floors shall be kept free of protruding nails, splinters, holes, or loose boards. (4) When mechanical equipment is used, appropriate guarding and sufficient safe clearances shall be maintained. D. Handrails and Guardrails. (1) Regardless of width, ramps and all stairs with more than one step riser shall have, on both sides, a handrail of sufficient strength and structure to provide safe support. (2) Handrails shall be continuous without interruption and shall be free of any sharp or abrasive elements. (3) Stairways and ramps 88 inches or greater in width shall have a handrail placed approximately in the center, located not more than 4 feet from any point on the stair or ramp. (4) Handrails may not encroach on the clearance envelope of the amusement attraction. (5) When guardrails are used, they shall be capable of withstanding a load of at least 200 pounds applied in any direction at any point on the rail. (6) Guardrails, except for barriers, guardrails, or similar means that were originally designed and manufactured as a component of the amusement attraction, shall be of a height at least 42 inches above the surface on which persons stand. E. Fences and Gates. (1) An owner shall ensure that each amusement attraction is protected in a manner sufficient to prevent the general public from coming in contact with an amusement attraction or gaining access to the path or course of the amusement attraction while the amusement attraction is in operation if such access or contact would present a hazard. (2) Fences and gates shall be constructed to meet the following minimum requirements: (a) Fences shall be designed and constructed of durable materials and erected to inhibit overturning by spectators or riders; and (b) Fences and gates shall be constructed as to inhibit: (i) Spectator contact with the amusement attraction; (ii) Rider contact with fences or gates; and (iii) Contact between a spectator and rider while the amusement attraction is in operation. (3) When fences and gates are provided, they shall be of a height at least 36 inches above the surface on which the spectators or riders stand. (4) Gates shall: (a) Be provided at each entrance and exit; and (b) Unless equipped with a positive latching or holding device, open away from the amusement attraction. (5) A gate shall be designed so that if opened during the operating cycle, the gate will not come in contact with the amusement attraction or cause a hazard to riders. (6) Replacement fences, gates, and guardrails shall comply with ASTM F 2291—04, Section 14. #### Regulation .05 General Environment. *COMAR 09.12.62.05* A. The following procedures shall be implemented during a lightning or high wind storm, tornado or severe storm warning, fire, or if violence, riot, or civil disturbance occurs or threatens to occur in an amusement park, carnival lot, or fair: (1) The manufacturer's wind-related and weather-related restrictions shall be followed during periods of high wind or storm; (2) Each rider shall be unloaded or evacuated safely from the amusement attraction immediately; and (3) The amusement attraction shall be closed and secured immediately. B. Illumination. (1) Each amusement attraction, including entrances and exits, shall be adequately illuminated to ensure rider safety. (2) For the assembly and disassembly of amusement attractions and temporary structures, all work areas shall be adequately illuminated to ensure public safety. #### Regulation .06 Equipment and Materials. *COMAR 09.12.62.06* A. If amusement attractions use mechanical, pneumatic, or hydraulic energy, these systems shall have a means of being locked out, when necessary, for performing maintenance or inspections. B. Pressure vessels and pressure vessel systems shall conform to the requirements of the Maryland Boiler and Pressure Vessel Safety Act, Public Safety Article, §§12-901—12-919, Annotated Code of Maryland, and COMAR 09.12.01, including the inspection requirements. C. Hydraulic Systems. (1) Hydraulic systems and other related equipment used in connection with an amusement attraction shall be: (a) Maintained to ensure safe operation at all times; (b) Equipped with a relief valve; (c) Equipped with a manual lowering valve, if applicable; and (d) Inspected for leaks, damaged pipes, and worn or deteriorated hoses before each operation. (2) A pressure gauge shall be required for all hydraulic systems and conspicuously marked with the maximum safe working pressure. (3) A flexible hose shall be: (a) Compliant with the manufacturer's specifications; (b) Compatible with the fluid used in it; and (c) Inspected to ensure proper installation. D. Welding. Welding, welding procedures, and welding procedure documentation shall comply with ASTM F 2291—04, Section 15. E. Fasteners. (1) All fasteners shall conform to the manufacturer's specifications or accepted engineering practices. (2) Owners shall comply with: (a) The manufacturer's torque specifications and replacement schedules; or (b) Accepted engineering practices. F. Machinery and Machine Guarding. (1) The owner shall install machine guards or apply other appropriate measures to protect persons from contact with belts, chains, pulleys, gears, and similar moving components. (2) Guards shall be: (a) Designed to perform a specific task; (b) Properly secured; and (c) Properly maintained in a condition consistent with the intent of the guards' design. (3) Before a guard is removed for maintenance purposes, the equipment shall be locked out or tagged out. The guard shall be replaced before normal operation is resumed. (4) Power transmission devices and any associated moving parts shall be shielded, enclosed, or barricaded to provide proper protection. (5) If it is reasonably foreseeable that parts can break free from a power transmission device, the owner shall make provisions to contain the components. (6) Temporary guards shall be secured to prevent movement or tip-over if a person falls or stumbles against the temporary guard. (7) A guard or barrier shall be designed so that it does not pose a hazard in itself. G. Hair Guards. If it is reasonably foreseeable that a mounting on an amusement attraction can catch or entangle long hair, the amusement attraction shall be equipped with a hair guard. H. Seating. (1) Tubs, cars, chairs, seats, gondolas, and other carriers used on an amusement attraction shall be designed, constructed, and maintained in accordance with this chapter and manufacturer's specifications. (2) Parts of an amusement attraction that riders may reasonably be expected to come in contact with shall be smooth and free from unprotected protruding studs, bolts, screws, sharp edges, and rough or splintered surfaces. (3) Parts on or against which a rider may be thrown by action of the amusement attraction shall be adequately padded to prevent or minimize the possibility of injury. (4) Upholstery and padding shall be kept in good repair and free of loose portions. I. Safety Retaining Devices. (1) Safety retainers shall be provided, where possible, on tubs, cars, chairs, seats, gondolas, or other carriers that depend on a single means of attachment or support. (2) Safety retainers shall be designed and installed to prevent a carrier from being catapulted if it becomes disengaged from its support or attachment. J. Restraining and Containing Devices. (1) A restraining or containing device, or a combination of the two, shall be provided on tubs, cars, chairs, seats, gondolas, or other carriers if: (a) Forces resulting from operation, mechanical malfunction, or both, may unseat or dislodge a rider; (b) Inadvertent movement of a rider may cause injury to the rider or another rider; or (c) The speed of the amusement attraction may present a hazard to a rider. (2) A restraining or containing device shall be designed, constructed, installed, and maintained to withstand the intended forces produced by the amusement attraction and the reasonably foreseeable actions of the rider. (3) Anchorage for a restraining or containing device shall have strength at least equal to the strength of the device. (4) A restraining or containing device: (a) Shall provide safe support for riders; (b) Shall be designed to prevent inadvertent release by a rider or by accidental means while the amusement attraction is in motion; and (c) May not pose a hazard in itself. K. Speeding and Overloading. (1) An owner may not permit an amusement attraction to be: (a) Loaded beyond its rated capacity; or (b) Operated at an unsafe speed or at any speed other than that prescribed by the manufacturer's specifications. (2) Speed-Limiting Device. If the amusement attraction is capable of exceeding the maximum speed, then a speed-limiting device shall be installed and functional to ensure that the amusement attraction does not exceed the maximum prescribed speed. L. Brake System. (1) The owner shall ensure that a braking system is utilized if coasting renders the operation dangerous: (a) During the period the amusement attraction is being loaded or unloaded; (b) In the case of power failure; or (c) In any other situation. (2) If the failure of the braking device results in an unsafe condition, the braking device shall be fail-safe. (3) If cars or other components of an amusement attraction may collide and cause personal injuries on failure of normal controls, an emergency system sufficient to prevent these collisions shall be provided. (4) An amusement attraction using inclined tracks, designed to operate in only one direction and having a lift hill with a vertical height exceeding 15 feet, shall have an automatic antirollback device sufficient to prevent rider-carrying units from moving backward if the propelling mechanism fails. M. Internal Combustion Power Sources. (1) Internal combustion power sources shall be: (a) Of adequate type, design, and capacity to accommodate the design load; (b) Located to permit proper maintenance; and (c) Protected by guards, fencing, or an enclosure to prevent exposure to hazards and to secure the equipment. (2) Engine exhaust shall be discharged away from the public, so as not to create a hazard. (3) Fire extinguishers shall be placed in locations that are readily accessible and compliant with COMAR 09.12.60.12B. (4) Fuel Tanks. (a) With the exception of go-kart operations as regulated under COMAR 09.12.64.10D, an amusement attraction shall be closed down and unloaded during refueling. (b) Refueling shall be in an area remote from the public. (c) Fuel supply may not be replenished while engines are operating. (5) Enclosed Areas. (a) An enclosed area in which an internal combustion engine is operated shall be adequately ventilated. (b) Engine exhaust fumes shall be discharged outside the enclosed area. #### Regulation .07 Location and Operation. *COMAR 09.12.62.07* A. Assembly and Disassembly. (1) The assembly and disassembly of an amusement attraction shall be performed: (a) In accordance with the manufacturer's procedures and specifications; (b) Using only manufacturer specified components, fasteners, and tools; (c) Under the immediate supervision of a person experienced and trained in the proper procedures; and (d) In a professional manner. (2) The public shall be prevented from entering areas in which amusement attractions are being assembled or disassembled. (3) Quality and Inspection of Parts. (a) During assembly, parts shall be closely inspected to discover wear or damage. (b) Excessively worn or damaged parts may not be used. (c) Replacement parts shall comply with Regulation .08F of this chapter. (d) Immediately after assembly, all fastening devices shall be inspected to ensure proper installation and compliance with the manufacturer's specifications. B. Location. (1) Layout of the amusement attraction shall be established to ensure: (a) Continuous traffic patterns; and (b) Accessibility of emergency personnel. (2) Unless unavoidable, rope, wire rope, or braces used to support an amusement attraction may not be located in pedestrian traffic patterns. If this is unavoidable, the support devices shall be clearly marked with streamers or other devices to attract attention. (3) The area surrounding the amusement attraction shall be clear of: (a) Trees and shrubs, if they pose a hazard; (b) Trash; and (c) Other tripping hazards. C. Foundation. (1) Temporary and Permanent Amusement Attractions. (a) A temporary or permanent amusement attraction shall be placed on a properly designed and constructed foundation or solid footing. (b) Except as provided in §C(1)(c) of this regulation, loose cement blocks, bricks, or similar type blocks may not be used as footings to support an amusement attraction. (c) Bricks or similar type blocks may be used on buildings for bumper cars and on platforms, cat walks, ramps, and stairs that do not bear the weight of the amusement attraction. (d) An amusement attraction shall be: (i) Set up in a manner to prevent shifting, tipping, or swaying; and (ii) If required by the manufacturer, secured to the foundation or footings. (e) Use of wood shim blocks shall be kept to a minimum, and, if used, the blocking shall be cribbed. (2) Temporary Amusement Attractions. (a) A daily inspection of an amusement attraction and its footings shall be performed while the amusement attraction is in motion as part of the daily inspection. (b) Depressions in the ground near an amusement attraction's footings shall be filled and tamped. (c) Adequate drainage shall be provided to prevent rain water from collecting and softening supporting areas. D. Leveling and Alignment. Amusement attractions that are designed to operate on a perpendicular or horizontal axis or have a combination of orbiting planes shall be: (1) Level, plumb, and secured to prevent the amusement attraction from shifting or tipping; and (2) Stable under all operating conditions. E. Operating Controls. (1) Each amusement attraction shall be provided with operating controls specifically designed to safely operate and control the amusement attraction. (2) Operating controls shall be located where the operator has an unobstructed view of the loading area. (3) Operating controls shall be provided with a stop switch that, when activated, stops the amusement attraction. (4) Resetting a stop switch may not automatically restart the amusement attraction. (5) An electrical safety stop circuit shall be a closed circuit so that, in case of power failure or malfunction of any element, the system will cause the amusement attraction to fail-safe. (6) After actuation of a stop, the cause shall be determined and any problem corrected before resuming operation of the amusement attraction. (7) Each amusement attraction shall have a means to prevent an automatic restart of the amusement attraction in the event of a power failure. (8) Safety stop circuits may not be bypassed during operation. (9) Programmable Logic Controller (PLC). (a) PLCs shall be designed, installed, and maintained by the amusement attraction manufacturer or a professional engineer. (b) Adjustments or alterations to a PLC shall be performed by the manufacturer or with the consent of the manufacturer by a professional engineer. (c) If the manufacturer of the PLC is no longer in business, adjustments or alterations may be performed by a professional engineer knowledgeable in PLC circuitry. #### Regulation .08 Maintenance. *COMAR 09.12.62.08* A. Each owner shall read and become familiar with the contents of the manufacturer's instructions and specifications for each amusement attraction owned and operated. B. The owner shall ensure that each amusement attraction is inspected each day before operation to ensure that: (1) No part is damaged, missing, or worn; and (2) The amusement attraction is compliant with the manufacturer's specifications. C. The owner shall keep and maintain a manual detailing the maintenance requirements as specified by the manufacturer or professional engineer for each amusement attraction owned. D. If for good cause an owner is unable to obtain a manufacturer's manual containing recommended maintenance procedures, the owner shall employ a licensed professional engineer to develop a maintenance manual that details the safe and appropriate maintenance of the amusement attraction. E. Lockout Device. (1) A means shall be provided to lock out or secure an amusement attraction or any associated equipment from all sources or potential sources of energy before performing maintenance, repair, or inspection. (2) Sources or potential sources of energy include, but are not limited to, electrical, mechanical, hydraulic, spring, gravity, and wind energy. (3) A lockout device shall be engaged before equipment is inspected or serviced. F. Replacement Parts. (1) Worn or damaged electrical components, mechanical parts and machinery shall be replaced in accordance with the manufacturer's specifications. (2) Replacement parts for amusement attractions shall be: (a) Procured from the manufacturer or an authorized parts supplier; (b) Produced using the original manufacturer's specifications; or (c) Produced using specifications derived from sufficient analysis to ensure that the parts are for equivalent functions and of equivalent quality to those provided by the original manufacturer. G. Wire Rope. (1) Wire rope shall be thoroughly examined as part of the daily inspection or at intervals specified by the manufacturer. (2) Damaged wire rope shall be replaced with new wire rope of the design and capacity specified by the manufacturer. (3) Wire rope shall be replaced as specified by the manufacturer or under the following conditions: (a) In running ropes, when there are six randomly distributed broken wires in one rope lay, or three broken wires in one strand in one rope lay; (b) In pendant rope or rope that bears the entire load and is subject to constant pressure and surge shocks, when there is more than one broken wire in one rope lay; (c) Severe corrosion; (d) Kinking, crushing, bird-caging, or other damage resulting in distortion of rope structure; (e) Heat damage; (f) For ropes with the following diameters, when there is the noted reduction in diameter as follows: (i) For normal diameter up to and including 3/4 inch, reduction of more than 3/64 inch; (ii) For normal diameter of 7/8 inch to 1-1/8 inches, reduction of 1/16 inch; and (iii) For normal diameter of 1-1/4 inches to 1-1/2 inches, reduction of 3/32 inch; and (g) Noticeable rusting or broken wire near an attachment. (4) Wire rope used to support, suspend, bear, or control forces and weights involved in the movement and use of tubs, cars, chairs, seats, gondolas, or other carriers, the sweeps, or other supporting members of an amusement attraction may not be lengthened or repaired by splicing. (5) Wire rope drums, sheaves, or any mechanical device that is in contact with wire rope shall be examined daily to ensure cleanliness, lubrication, and compliance with manufacturer's specifications. (6) Mechanical devices used in conjunction with wire rope shall be replaced immediately when worn or showing signs of undue roughness or uneven wear. H. Chains. (1) Chains used as a safety device or in a stress-bearing situation shall comply with the manufacturer's specifications or be approved for such use by a licensed professional engineer. (2) Noncertified chain, including, but not limited to, twisted wire or stamped tin, may not be used. I. Articulations and Bearings. Articulating pinions, frames, sweeps, eccentrics, bearing surfaces, ball joints, and other mechanical parts shall be: (1) Inspected for wear, out-of-round, cracks, and other signs of deterioration; (2) Kept well-lubricated; and (3) Maintained consistent with manufacturer's specifications. J. Wood Components. (1) Wood components shall be inspected daily to ensure continued safe operation of the amusement attraction. (2) Wood components, when found to be defective or deteriorated, shall be repaired or replaced before operating the amusement attraction. (3) Pilings. (a) To check deterioration of a piling, a minimum of 18 inches of soil, with respect to grade, shall be removed around a piling or wood member embedded in dirt for support. (b) After inspection, the dirt shall be replaced by tamping it into place and forming a mound to shed water away from the piling. (4) Ground level concrete piers shall be used when the wood piling requires replacement. (5) A defective wood member shall be replaced with material of equal or greater strength as specified by the manufacturer or a licensed professional engineer. (6) Repair and replacement of wood components as part of a fixed roller coaster shall be made in accordance with the manufacturer's specifications. K. Nondestructive Testing (NDT). (1) NDT shall be conducted as recommended by the manufacturer or as required by the Commissioner. (2) When a manufacturer's specifications make no provisions for NDT and if the Commissioner considers it appropriate, the Commissioner may require NDT of components by an approved testing facility. (3) NDT Results. (a) NDT results shall: (i) List the date of the test, the amusement attraction owner, and the serial or identification number of the device; (ii) Be kept with the amusement attraction to the extent feasible or at a central location at the site of operation; and (iii) Be maintained for 1 year. (b) A copy of the NDT results shall be provided to the Commissioner on request. (4) NDT shall be performed by a qualified NDT inspector in accordance with ASTM E 543-06. (5) Components found to have relevant indications that do not meet the acceptance criteria shall be replaced or reconditioned in accordance with manufacturer's specifications. #### Regulation .09 Amusement Attraction Operating Records and Reports. *COMAR 09.12.62.09* A. Daily Inspection Reports. (1) Daily inspection reports shall be: (a) Signed by the person performing the inspection immediately upon completion of the inspection; (b) Kept with the amusement attraction or at an on-site office; and (c) Maintained for at least 30 days. (2) Copies of daily inspection reports shall be made available to the Commissioner on request. B. Daily Electrical Inspection Report. (1) The owner shall ensure that a qualified person performs an inspection of the electrical system each day before operation. (2) A copy of the electrical inspection report shall be: (a) Signed by the person performing the inspection; (b) Kept with the amusement attraction or at an on-site office; (c) Maintained for at least 30 days; and (d) Provided to the Commissioner upon request. C. NDT Results. (1) The owner shall maintain a copy of the NDT results if required by Regulation .18K of this chapter for a period of 1 year: (a) With the amusement attraction; (b) At an on-site office; or (c) Otherwise readily available. (2) A copy of the NDT results shall be provided to the Commissioner on request. D. An owner shall immediately notify the Commissioner of a major breakdown. E. Written Log. (1) An owner shall ensure that a written log is: (a) Maintained containing any reports from riders complaining of adverse physical effects or operating inconsistencies occurring during the operation of an amusement attraction; and (b) Submitted to the Commissioner when multiple reports of a particular nature that may indicate a pattern are shown on the log. (2) A copy of the log shall be made available to the Commissioner upon request. F. Identification Records. An owner shall maintain a record of operator and attendant identification that includes the following for each operator and attendant: (1) Name, address, and phone number; and (2) Identification number, if any. G. Record of Training. (1) Each owner shall: (a) Maintain a record of the training provided to each operator and attendant; and (b) Provide the Commissioner with a copy of the record of training on request. (2) The training record shall indicate the following for each operator or attendant: (a) The name or identification number; (b) A detailed description of the training provided; and (c) A list of all the amusement attractions for which the operator and attendant received training. #### Regulation .10 Design Criteria. *COMAR 09.12.62.10* A. Scope. This regulation does not apply to an amusement attraction that has operated in Maryland prior to January 2008 unless there is a major modification. B. Owners shall ensure that new amusement attractions and amusement attractions with major modifications that are operated in the State meet the criteria set forth in this regulation. C. Except as otherwise provided in this regulation, amusement attractions manufactured after January 2008 shall comply with ASTM F 2291—04 and conform to accepted engineering practices and standards. D. The owner of an amusement attraction subject to §C of this regulation shall provide the Commissioner with: (1) A copy of the operations and maintenance manuals, assembly instructions, and testing requirements; (2) Certification records from the manufacturer or a licensed professional engineer verifying that the amusement attraction is compliant with ASTM F 2291—04; and (3) If requested, general design criteria as outlined in ASTM F 2291—04, Section 5. E. Amusement attractions that are specifically excluded from ASTM F 2291—04 and manufactured after January 2008 shall conform to recognized engineering practices, procedures, standards, and specifications. F. The owner of an amusement attraction subject to §E of this regulation shall provide the Commissioner with: (1) Certification from a licensed professional engineer verifying that design data specific to the amusement attraction, including, but not limited to, stress analysis and safety factors along with the materials and components being used, are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; (2) A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements; and (3) If requested, other pertinent data considered necessary by the Commissioner. G. Amusement attractions that were previously registered and allowed to operate in Maryland and that have undergone a major modification subsequent to January 2008 shall be certified by a professional engineer that the modifications are consistent with accepted engineering practices and standards and ASTM F 2291—04. H. The owner of an amusement attraction subject to §G of this regulation shall provide the Commissioner with: (1) Certification from a licensed professional engineer verifying that design data specific to the amusement attraction, including, but not limited to, stress analysis and safety factors along with the materials and components being used, are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; (2) A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements; and (3) If requested, other pertinent data considered necessary by the Commissioner. I. The owner of an existing amusement attraction manufactured before January 2008 of a particular design that had not previously operated in Maryland shall provide the Commissioner with: (1) Certification records from a licensed professional engineer verifying that the amusement attraction and the materials and components being used are structurally sound and conform to recognized engineering practices, procedures, standards, and specifications; and (2) A copy of the manufacturer's operating specifications, maintenance manuals, assembly instructions, and testing requirements. J. If the manufacturer's specifications of an amusement attraction subject to §I of this regulation are unavailable for good reason, the owner shall: (1) Develop specifications that ensure safe assembly, operation, repair, maintenance, testing, and disassembly of the amusement attraction; (2) Employ a licensed professional engineer to certify that the specifications are consistent with accepted engineering practices and standards and ASTM F 2291—04; and (3) If requested, provide other pertinent data considered necessary by the Commissioner. K. Copies of all documents provided to the Commissioner shall be in English. #### Regulation .11 Access, Egress, and Walking Surfaces. *COMAR 09.12.62.11* A. General Requirements. (1) All amusement attractions shall have a safe and adequate means of access and egress. (2) All walking surfaces, including, but not limited to, loading and unloading areas, platforms, landings, stairs, and ramps shall be stable, firm, and slip-resistant. (3) If there is the potential for exposure to a fall distance exceeding 30 inches, the owner shall take action to inhibit such falls. B. Stairways, Ramps, Landings, and Platforms. (1) Adequate stairways, ramps, landings, and platforms shall be provided at the entrance to and exit from an amusement attraction that is above or below grade or floor level. (2) Stairways, landings, and ramps shall be designed and constructed using a safety factor of 5 to safely sustain the load that may be imposed on it. (3) Stairways and ramps shall be at least 22 inches wide. (4) A stairway shall be provided at entrances and exits where there is a break in elevation of 19 inches or more, and no ramp, runway, or sloped embankment is provided. (5) Stair treads shall be at least 10-1/2 inches deep, exclusive of nosing, and comply with the following: (a) The height of rise may not exceed 9 inches; and (b) Between any two levels, stair treads shall be of uniform depth and the risers of uniform height. (6) The maximum slope of any ramp may not exceed 1:12. C. Passageways. (1) Passageways shall be: (a) At least 22 inches wide; and (b) Kept free of debris, obstructions, projections, and other hazards. (2) Surfaces shall be constructed and maintained to prevent slipping and tripping. (3) Floors shall be kept free of protruding nails, splinters, holes, or loose boards. (4) When mechanical equipment is used, appropriate guarding and sufficient safe clearances shall be maintained. D. Handrails and Guardrails. (1) Regardless of width, ramps and all stairs with more than one step riser shall have, on both sides, a handrail of sufficient strength and structure to provide safe support. (2) Handrails shall be continuous without interruption and shall be free of any sharp or abrasive elements. (3) Stairways and ramps 88 inches or greater in width shall have a handrail placed approximately in the center, located not more than 4 feet from any point on the stair or ramp. (4) Handrails may not encroach on the clearance envelope of the amusement attraction. (5) When guardrails are used, they shall be capable of withstanding a load of at least 200 pounds applied in any direction at any point on the rail. (6) Guardrails, except for barriers, guardrails, or similar means that were originally designed and manufactured as a component of the amusement attraction, shall be of a height at least 42 inches above the surface on which persons stand. E. Fences and Gates. (1) An owner shall ensure that each amusement attraction is protected in a manner sufficient to prevent the general public from coming in contact with an amusement attraction or gaining access to the path or course of the amusement attraction while the amusement attraction is in operation if such access or contact would present a hazard. (2) Fences and gates shall be constructed to meet the following minimum requirements: (a) Fences shall be designed and constructed of durable materials and erected to inhibit overturning by spectators or riders; and (b) Fences and gates shall be constructed as to inhibit: (i) Spectator contact with the amusement attraction; (ii) Rider contact with fences or gates; and (iii) Contact between a spectator and rider while the amusement attraction is in operation. (3) When fences and gates are provided, they shall be of a height at least 36 inches above the surface on which the spectators or riders stand. (4) Gates shall: (a) Be provided at each entrance and exit; and (b) Unless equipped with a positive latching or holding device, open away from the amusement attraction. (5) A gate shall be designed so that if opened during the operating cycle, the gate will not come in contact with the amusement attraction or cause a hazard to riders. (6) Replacement fences, gates, and guardrails shall comply with ASTM F 2291—04, Section 14. #### Regulation .12 Signage. *COMAR 09.12.62.12* A. When a manufacturer or the Commissioner requires a restriction on the use of an amusement attraction, such as the age or weight of a rider, a legible sign indicating the restriction shall be posted in full view of individuals seeking admission to the amusement attraction: (1) At the location specified by the manufacturer; (2) At the entrance of the amusement attraction; or (3) Close to the amusement attraction. B. All amusement attractions shall have a sign posted indicating the height or age restriction, or both, for that amusement attraction. C. Entrances to machinery rooms or restricted areas shall have a sign posted warning unauthorized persons not to enter. #### Regulation .13 General Environment. *COMAR 09.12.62.13* A. The following procedures shall be implemented during a lightning or high wind storm, tornado or severe storm warning, fire, or if violence, riot, or civil disturbance occurs or threatens to occur in an amusement park, carnival lot, or fair: (1) The manufacturer's wind-related and weather-related restrictions shall be followed during periods of high wind or storm; (2) Each rider shall be unloaded or evacuated safely from the amusement attraction immediately; and (3) The amusement attraction shall be closed and secured immediately. B. Illumination. (1) Each amusement attraction, including entrances and exits, shall be adequately illuminated to ensure rider safety. (2) For the assembly and disassembly of amusement attractions and temporary structures, all work areas shall be adequately illuminated to ensure public safety. #### Regulation .14 Fire Protection. *COMAR 09.12.62.14* A. Flammable and Combustible Liquids. (1) An owner shall store and handle liquid petroleum gases and flammable liquids as required under the: (a) Occupational Safety and Health Standards—29 CFR §1910.106 (OSHA); and (b) National Fire Protection Association (NFPA) standards adopted by the State Fire Marshal or designee or the Baltimore City Fire Prevention Bureau. (2) Gasoline and other flammable liquids or gases shall be stored in listed and labeled containers in a location that is: (a) Reasonably cool and ventilated; (b) Not accessible to the public; and (c) At least 20 feet from an amusement attraction or other flammable material. (3) Flammable or combustible waste materials, such as oily rags, shall be stored in a covered metal container that is: (a) Properly identified; and (b) Kept at least 20 feet from an amusement attraction. B. Fire Extinguishers. (1) An owner shall provide at least one portable fire extinguisher having an ABC rating, as defined by the National Electrical Code, ANSI/NFPA #70, of not less than 10 pound capacity. (2) The fire extinguisher shall be located not less than 25 feet, or more than 75 feet, from any flammable or combustible: (a) Liquid storage; or (b) Liquid-powered amusement attraction or portable generator. #### Regulation .15 Equipment and Materials. *COMAR 09.12.62.15* A. If amusement attractions use mechanical, pneumatic, or hydraulic energy, these systems shall have a means of being locked out, when necessary, for performing maintenance or inspections. B. Pressure vessels and pressure vessel systems shall conform to the requirements of the Maryland Boiler and Pressure Vessel Safety Act, Public Safety Article, §§12-901—12-919, Annotated Code of Maryland, and COMAR 09.12.01, including the inspection requirements. C. Hydraulic Systems. (1) Hydraulic systems and other related equipment used in connection with an amusement attraction shall be: (a) Maintained to ensure safe operation at all times; (b) Equipped with a relief valve; (c) Equipped with a manual lowering valve, if applicable; and (d) Inspected for leaks, damaged pipes, and worn or deteriorated hoses before each operation. (2) A pressure gauge shall be required for all hydraulic systems and conspicuously marked with the maximum safe working pressure. (3) A flexible hose shall be: (a) Compliant with the manufacturer's specifications; (b) Compatible with the fluid used in it; and (c) Inspected to ensure proper installation. D. Welding. Welding, welding procedures, and welding procedure documentation shall comply with ASTM F 2291—04, Section 15. E. Fasteners. (1) All fasteners shall conform to the manufacturer's specifications or accepted engineering practices. (2) Owners shall comply with: (a) The manufacturer's torque specifications and replacement schedules; or (b) Accepted engineering practices. F. Machinery and Machine Guarding. (1) The owner shall install machine guards or apply other appropriate measures to protect persons from contact with belts, chains, pulleys, gears, and similar moving components. (2) Guards shall be: (a) Designed to perform a specific task; (b) Properly secured; and (c) Properly maintained in a condition consistent with the intent of the guards' design. (3) Before a guard is removed for maintenance purposes, the equipment shall be locked out or tagged out. The guard shall be replaced before normal operation is resumed. (4) Power transmission devices and any associated moving parts shall be shielded, enclosed, or barricaded to provide proper protection. (5) If it is reasonably foreseeable that parts can break free from a power transmission device, the owner shall make provisions to contain the components. (6) Temporary guards shall be secured to prevent movement or tip-over if a person falls or stumbles against the temporary guard. (7) A guard or barrier shall be designed so that it does not pose a hazard in itself. G. Hair Guards. If it is reasonably foreseeable that a mounting on an amusement attraction can catch or entangle long hair, the amusement attraction shall be equipped with a hair guard. H. Seating. (1) Tubs, cars, chairs, seats, gondolas, and other carriers used on an amusement attraction shall be designed, constructed, and maintained in accordance with this chapter and manufacturer's specifications. (2) Parts of an amusement attraction that riders may reasonably be expected to come in contact with shall be smooth and free from unprotected protruding studs, bolts, screws, sharp edges, and rough or splintered surfaces. (3) Parts on or against which a rider may be thrown by action of the amusement attraction shall be adequately padded to prevent or minimize the possibility of injury. (4) Upholstery and padding shall be kept in good repair and free of loose portions. I. Safety Retaining Devices. (1) Safety retainers shall be provided, where possible, on tubs, cars, chairs, seats, gondolas, or other carriers that depend on a single means of attachment or support. (2) Safety retainers shall be designed and installed to prevent a carrier from being catapulted if it becomes disengaged from its support or attachment. J. Restraining and Containing Devices. (1) A restraining or containing device, or a combination of the two, shall be provided on tubs, cars, chairs, seats, gondolas, or other carriers if: (a) Forces resulting from operation, mechanical malfunction, or both, may unseat or dislodge a rider; (b) Inadvertent movement of a rider may cause injury to the rider or another rider; or (c) The speed of the amusement attraction may present a hazard to a rider. (2) A restraining or containing device shall be designed, constructed, installed, and maintained to withstand the intended forces produced by the amusement attraction and the reasonably foreseeable actions of the rider. (3) Anchorage for a restraining or containing device shall have strength at least equal to the strength of the device. (4) A restraining or containing device: (a) Shall provide safe support for riders; (b) Shall be designed to prevent inadvertent release by a rider or by accidental means while the amusement attraction is in motion; and (c) May not pose a hazard in itself. K. Speeding and Overloading. (1) An owner may not permit an amusement attraction to be: (a) Loaded beyond its rated capacity; or (b) Operated at an unsafe speed or at any speed other than that prescribed by the manufacturer's specifications. (2) Speed-Limiting Device. If the amusement attraction is capable of exceeding the maximum speed, then a speed-limiting device shall be installed and functional to ensure that the amusement attraction does not exceed the maximum prescribed speed. L. Brake System. (1) The owner shall ensure that a braking system is utilized if coasting renders the operation dangerous: (a) During the period the amusement attraction is being loaded or unloaded; (b) In the case of power failure; or (c) In any other situation. (2) If the failure of the braking device results in an unsafe condition, the braking device shall be fail-safe. (3) If cars or other components of an amusement attraction may collide and cause personal injuries on failure of normal controls, an emergency system sufficient to prevent these collisions shall be provided. (4) An amusement attraction using inclined tracks, designed to operate in only one direction and having a lift hill with a vertical height exceeding 15 feet, shall have an automatic antirollback device sufficient to prevent rider-carrying units from moving backward if the propelling mechanism fails. M. Internal Combustion Power Sources. (1) Internal combustion power sources shall be: (a) Of adequate type, design, and capacity to accommodate the design load; (b) Located to permit proper maintenance; and (c) Protected by guards, fencing, or an enclosure to prevent exposure to hazards and to secure the equipment. (2) Engine exhaust shall be discharged away from the public, so as not to create a hazard. (3) Fire extinguishers shall be placed in locations that are readily accessible and compliant with Regulation .14B of this chapter. (4) Fuel Tanks. (a) With the exception of go-kart operations as regulated under COMAR 09.12.64.10D, an amusement attraction shall be closed down and unloaded during refueling. (b) Refueling shall be in an area remote from the public. (c) Fuel supply may not be replenished while engines are operating. (5) Enclosed Areas. (a) An enclosed area in which an internal combustion engine is operated shall be adequately ventilated. (b) Engine exhaust fumes shall be discharged outside the enclosed area. ### Chapter 63 — Water Slides Erected Permanently or Temporarily in the State **Authority:** Business Regulation Article, §§3-307—3-313, Annotated Code of Maryland **Administrative History:** Effective date: October 15, 1986 (13:16 Md. R. 1826) **Administrative History:** Regulation .07A amended effective June 12, 1989 (16:11 Md. R. 1218) **Administrative History:** Regulation .08 amended effective June 12, 1989 (16:11 Md. R. 1218) #### Regulation .01 Purpose. *COMAR 09.12.63.01* A. This chapter establishes specific requirements for water slides in addition to the general requirements contained in COMAR 09.12.62, in order to ensure that water slides erected permanently or temporarily in the State are safely constructed, operated, and maintained. B. Design, construction, maintenance, and operation requirements for any public swimming pool associated with a water slide are under the jurisdiction of the Maryland Department of Health. #### Regulation .02 Definitions. *COMAR 09.12.63.02* A. The following terms have the meanings indicated. B. Terms Defined. (1) “Deck” means the area surrounding a pool or flume which is specifically constructed or installed for use by sliders. (2) “Dispatcher” means the attendant who directly controls the operation at the top of the water slide. (3) “Flume” means an inclined channel containing water which provides a transit path for conveying people. (4) “Grouping” means more than two persons. (5) “Runout” means the horizontal portion at the end of a flume which contains a flow of water and allows for safe deceleration and exit of sliders. (6) “Splash pool” means a pool at the base of the slide from which sliders exit to the deck. (7) “Splash pool supervisor” means the attendant who directly controls the activity in the splash pool and immediate vicinity. (8) “Upper pool” means a shallow trough or pool at the top of the slide where the slider begins the descent. (9) “Water slide” means a recreational device which: (a) Has a total vertical drop of 10 feet or more; (b) Uses flowing water to provide low friction in the slide bed or flume; (c) Is designed to provide a descending ride into a splash pool or runout at the base of the slide; and (d) May consist of one or more flumes, an upper pool, a splash pool, a pump reservoir, and water treatment and pumping facilities. #### Regulation .03 Manual. *COMAR 09.12.63.03* A. Each owner of a water slide shall develop or obtain a detailed written operational manual for all phases of operation and maintenance of each component of the water slide. B. Each owner shall ensure that the manual is legible, in English, and readily accessible. C. The manual shall include: (1) Water slide maintenance and cleanup procedures; (2) Repair procedures for water slides and decks; (3) Equipment operation instructions; (4) Inspection procedures; (5) Operator job descriptions; (6) First aid procedures; (7) A list of emergency medical telephone numbers; (8) Recordkeeping logs for: (a) Operational activities including daily inspections; and (b) Injuries; (9) A written emergency plan which, in addition to the requirements contained in COMAR 09.12.62.08, includes: (a) Procedures for cessation of slide operations when: (i) The water supply is cut off; or (ii) A power outage occurs during nighttime operations; (b) Methods of crowd control during general evacuation of the water slide; (c) Provisions for first aid; (d) Employee responsibilities; and (e) An effective signaling system such as warning bells or bull horns. #### Regulation .04 Posted Warning Signs. *COMAR 09.12.63.04* A. At the entrance of each water slide, the owner shall post a sign conveying the following directions: (1) Obey all instructions given by the dispatcher and splash pool supervisor who have the authority to prevent any condition which leads to unsafe operation of the water slide; (2) The following activities are strictly prohibited: (a) Use of this slide when under the influence of alcohol or drugs; (b) Diving, running, standing, kneeling, rotating, tumbling, or stopping in flumes or tunnels; (c) Traveling head first down slide; and (d) Grouping or forming chains; (3) Hands shall be kept inside the flume; (4) After exiting from slide, sliders shall leave the splash pool promptly; (5) Glass, bottles, or food are not allowed in water slide vicinity. B. The directions contained in §A(2)(a) and (5) of this regulation may be posted at the entrance of the park. C. The directions may be conveyed by means of words, in English and, if appropriate, in other languages, pictures, symbols, or any combination of them. D. The sign shall: (1) Be constructed of wood, metal, or other material which can endure for several years; (2) Be constructed and placed in such a manner that it poses no hazard; and (3) Contain lettering at least 1 inch high, on a contrasting background. #### Regulation .05 Daily Inspections. *COMAR 09.12.63.05* A. Inspections and Records. (1) In accordance with COMAR 09.12.62.09, the water slide owner shall ensure that the water slide is inspected on each day of use to determine that: (a) The water slide is in safe operating condition; and (b) Conforms to the requirements in this chapter and COMAR 09.12.62. (2) The owner shall ensure that the inspections are conducted in a manner which permits close scrutiny of the slide and all of its parts. (3) Appropriate records shall be kept. B. The flume shall be inspected before the water is circulated, and in accordance with the manufacturer's specifications. C. Before the water is circulated, the water slide shall be inspected for safety hazards, including, but not limited to: (1) Loose railings; (2) Leaking seals at the butt-joints which affect operational safety; (3) Rough patching of cracks or joints; (4) Loose or missing guards on the flume turns; (5) Sharp edges on the flume safety rails; (6) Projections into the flume troughs; (7) Unusual movement of the flume bed; (8) Evidence of deterioration of the wooden flume support structures; (9) An obstructed view of the splash pool at the exit of the flume. D. During slide operation the owner or the owner's designee shall periodically: (1) Observe the movement of the sliders, including: (a) The location of the sliders' bodies on side walls during turns; (b) Sliders' impacts with flume walls; and (c) Safety during sliders' exits into the splash pool; (2) Determine if any injuries have occurred which indicate a water slide hazard which may require additional inspection; (3) Ensure that there is a proper and steady flow of water throughout the flume. #### Regulation .06 Control of Operation. *COMAR 09.12.63.06* A. The owner of a water slide shall: (1) Provide a sufficient number of attendants, at least two, to ensure: (a) Positive control of the water slide and each flume when in operation; and (b) That sliders comply with posted signs; (2) When determining the requisite number of attendants, take into account the: (a) Design and type of slide; (b) Proximity of the flumes; and (c) Number of sliders. B. Each water slide attendant shall be trained in: (1) The use and function of water slide equipment which the attendant may operate; (2) Procedures for slide operations and slider control; (3) The directions to sliders which are posted; and (4) The water slide's general emergency plan. C. At least one attendant shall be a dispatcher who is: (1) Trained in accordance with §B of this regulation; (2) In the immediate vicinity of the top of the slide during operation of the water slide; and (3) Responsible for: (a) Controlling crowds and sliders starting from the top of the water slide; (b) Controlling the timing of each slider on the slide; and (c) Supervising all visible portions of the flume. D. At least one attendant shall be a splash pool supervisor who is: (1) Trained in accordance with §B of this regulation; (2) Qualified in life saving techniques through Red Cross training or its equivalent; (3) In the immediate vicinity of the splash pool during operation of the slide; and (4) In direct control of sliders in the splash pool by: (a) Keeping sliders moving into and out of the splash pool in a quick and orderly manner; and (b) Controlling any horseplay, running, or unsafe behavior in the lower flumes, the splash pool, and the pool deck. #### Regulation .07 Design Criteria. *COMAR 09.12.63.07* A. Scope. (1) The design criteria contained in COMAR 09.12.62.10 apply to all water slides. (2) The criteria contained in this regulation shall apply to any slide for which: (a) A construction permit is issued after the effective date of this chapter; or (b) Construction or renovation has begun after the effective date of this chapter. B. Overall Design. (1) The slide's structural design and materials shall: (a) Comply with generally accepted structural engineering practices; and (b) Provide a durable frame which shall safely sustain all weights and pressures for the projected operating life of the structure. (2) The materials for components and accessories to be used in and around slides shall be such that the operational strength of the entire assembly and its components is not adversely affected by exposure to rain, snow, ice, sunlight, local normal temperature extremes, local normal wind variations, local air pollution products, and the mechanical, electrical, and chemical environment in and around the slides. (3) Materials selected for components and accessories used in and around slides shall be such that all parts with external surfaces and edges that may come in contact with the slider are assembled, arranged, and finished so that they do not constitute a cutting, pinching, puncturing, or abrasion hazard in casual contact or intended use. (4) Surfaces shall be inert, nontoxic, smooth, and easy to clean. (5) The flumes shall be designed or ventilated, or both, to prevent concentrations of toxic disinfectant fumes. C. Water Slide Flume. (1) Curves, turns, and tunnels within the path of a slide flume shall be designed so that body impact with the walls of the flume or ceiling of a tunnel does not present a hazard. (2) The slide flume shall be banked to keep the slider's body safely inside the flume or curve under all foreseeable circumstances. (3) Slopes within the path of the slide flume shall be designed so that the slider's speed does not exceed the level when a safe equilibrium of dynamic forces can be maintained on any curve or turn. (4) The construction, dimensions, and attachment of slide flume bed components shall be such that the surface of the slide flume is continuous and smooth. (5) The walls of the flume shall be designed so that the continuous and combined action of hydrostatic, dynamic, and static loads, and normal environmental deterioration do not cause structural failures which could result in injury or require patching of the original structure. D. Flume Exit. (1) When the water slide ends in a splash pool, the following requirements apply: (a) The pool shall be of sufficient length and width so as to preclude a slider from contacting the walls, adjacent flume exits, and sliders exiting from multiple exit flumes; (b) Unless the manufacturer specifies otherwise, the flumes shall terminate: (i) At a depth of at least 6 inches below the splash pool's operating water surface level; or (ii) If the flume is level for a distance of at least 10 feet from its exit, at a height not more than 2 inches above the water's surface. (2) When the water slide ends in a runout, the owner shall ensure that the runout is of a sufficient length to allow for the safe deceleration of sliders. E. Splash Pool. (1) Unless the manufacturer specifies otherwise, a splash pool depth of at least 3 feet shall be provided at the end of each flume for a distance of at least 20 feet. (2) Inlets from the water circulation system shall be designed so as to prevent injury to the splash pool user. #### Regulation .08 Access, Egress, and Walking Surfaces. *COMAR 09.12.63.08* In addition to the access, egress, and walking surfaces requirements contained in COMAR 09.12.62.11, the owner shall ensure that the means of access and egress are slip-resistant and do not retain standing water. ### Chapter 64 — Amusement Ride Safety Standard for Go-Kart Operations **Authority:** Business Regulation Article, §§3-307—3-313, Annotated Code of Maryland **Administrative History:** Effective date: May 28, 1990 (17:10 Md. R. 1219) **Administrative History:** Regulation .06D amended effective April 13, 1992 (19:7 Md. R. 745) **Administrative History:** Regulation .07 amended effective April 13, 1992 (19:7 Md. R. 745) **Administrative History:** Regulation .08 amended effective April 13, 1992 (19:7 Md. R. 745) #### Regulation .01 Scope. *COMAR 09.12.64.01* A. This chapter applies to go-kart operations. B. This chapter does not preclude or preempt the applicability of COMAR 09.12.62 to go-kart operations. #### Regulation .02 Purpose. *COMAR 09.12.64.02* The purpose of this chapter is to ensure that go-karts in the State are safely designed, operated, and maintained. #### Regulation .03 Definitions. *COMAR 09.12.64.03* A. The following terms have the meanings indicated. B. Terms Defined. (1) “Go-kart operation” means a facility having at least one track on which at least one kart operates. (2) “Kart” means a self-propelled motorized vehicle that is designed to be driven on a go-kart track where the driver has full control over acceleration from a stopped position, deceleration, stopping, and steering of the vehicle. (3) “Operator” means a person who directly controls the loading and unloading of riders and activity on the go-kart track and immediate vicinity. (4) “Slick track” means a track designed to allow karts to slide. #### Regulation .04 Manual. *COMAR 09.12.64.04* A. Each owner of a go-kart operation shall develop a detailed written operational manual for the construction, operation, maintenance, and repair of the go-kart operation. B. Each owner shall ensure that the manual is legible, in English, and readily accessible to operators. C. The manual shall include: (1) Manufacturer specifications for kart maintenance, repair, operation, and inspection; (2) Track maintenance and repair procedures; (3) Equipment operation instructions; (4) Inspection procedures which include items specified in Regulation .06 of this chapter; (5) Operator job descriptions; (6) First aid procedures; (7) A list of emergency medical telephone numbers; (8) Recordkeeping logs for: (a) Operational activities, including daily inspections; and (b) Injuries; and (9) A written emergency plan which includes the requirements contained in COMAR 09.12.62.08. D. If manufacturer specifications for kart maintenance, repair, operation, and inspection are unavailable for good cause, the owner shall: (1) Develop specifications that shall ensure the safety of the riding public; and (2) Include the specifications in §D(1), of this regulation, in the manual. E. Each owner shall ensure compliance with the manual. F. The owner shall make the manual available to the Commissioner upon request. #### Regulation .05 Posted Warning Signs. *COMAR 09.12.64.05* A. At the entrance to the track, at the pit area, and at the ticket booth, the owner shall post a sign conveying the following instructions: (1) Obey all instructions given by the operator; (2) The following activities are strictly prohibited: (a) Use of a kart when under the influence of alcohol or drugs; (b) Bumping karts together; (c) Smoking in a kart or in any area posted with a no smoking sign; and (d) Weaving, cutting off, or horseplay on the track; (3) Loose clothing shall be secured; (4) Hair that is shoulder-length or longer shall be tied up; (5) Restraining devices, when provided, shall be worn; (6) Both hands shall be kept on the wheel when the kart is in operation; (7) Both feet shall be kept in the kart at all times; (8) Except for karts designed for two passengers, only one person may occupy each kart; (9) Remain inside the kart until directed by the operator to exit. B. Directional Signs. (1) At least one sign indicating the direction of travel shall be posted at the pit area. (2) Additional signs indicating the direction of travel shall be posted at regular intervals around the track perimeter. C. Signs shall be in English, or, if appropriate, in other languages, pictures, symbols, or any combination of these. D. A sign shall: (1) Be constructed of wood, metal, or other material which can endure for several years; (2) Be constructed, placed, and maintained in such a manner that it poses no hazard and is clearly visible; and (3) Contain lettering at least 1 inch high, on a contrasting background. #### Regulation .06 Daily Inspections. *COMAR 09.12.64.06* A. The owner shall ensure that a go-kart operation is inspected each day before the start of operation. B. The inspection and test shall be made: (1) By an owner or operator experienced and instructed in the proper assembly and operation of the amusement ride or attraction; and (2) In accordance with the specifications included in the manual. C. The owner shall inspect the go-kart operation to determine that the karts, tracks, and facility: (1) Are in safe operating condition; and (2) Conform to the requirements in this chapter and COMAR 09.12.62. D. The inspection of each kart shall: (1) Include the operation of: (a) Speed-limiting devices, (b) The brake system, and (c) Control devices; (2) Ensure that a part is not damaged, missing, or worn in a manner that is or may become unsafe. E. A record of each inspection shall be: (1) Made at once upon completion of the test; (2) Kept at a central location at the site of operation; (3) Maintained for 30 days; and (4) Made available to the Commissioner upon request. #### Regulation .07 Control of Operation. *COMAR 09.12.64.07* A. A kart shall be operated in accordance with the manual as required in Regulation .04 of this chapter. B. The owner shall authorize each operator to prevent unsafe conditions. C. The owner shall provide a sufficient number of operators to ensure that: (1) Karts are operated in a safe manner; and (2) Riders comply with the posted signs. D. When determining the number of operators to provide, the owner shall take into account the: (1) Design and size of the track; (2) Number of karts on the track; and (3) Capacity of the track. E. At least one operator shall be at each track during operation. F. Before assignment to a track, each operator shall be trained in: (1) The use and function of the kart; (2) Procedures for refueling; (3) Posted instructions for riders; (4) The go-kart operation's general emergency plan; and (5) Methods of controlling horseplay or unsafe behavior. G. Karts operating simultaneously on a track shall: (1) Operate at a rate of speed sufficiently similar to ensure that speed differentials pose no hazard; and (2) Be sufficiently similar in design to ensure that contact between karts does not result in: (a) The interlock of karts or kart parts; (b) A roll-over; or (c) Other similar hazards. H. Maximum Speed. (1) Each track shall have a maximum speed which ensures safe operation. (2) The maximum speed shall be one of the following: (a) The speed established by the Commissioner, after such investigation as the Commissioner deems appropriate; or (b) If the Commissioner does not establish a maximum speed, the speed established by the owner based on the following considerations: (i) Track design, including the grade; (ii) Track surface; (iii) Radius of the curves; and (iv) Age of the riders. (3) The owner shall ensure that a kart cannot be operated in excess of the maximum speed. I. Operating Speed. (1) Throughout each day's operation, the owner shall adjust the kart speed as necessary to ensure safe operation. (2) The operating speed may not exceed the maximum speed. (3) In determining the operating speed, the owner shall consider such factors as: (a) Age of riders; (b) Number of karts on the track; (c) Track conditions; and (d) Weather conditions. (4) An owner shall ensure that a kart cannot be operated in excess of the operating speed. #### Regulation .08 Design Criteria. *COMAR 09.12.64.08* A. Track. (1) The go-kart track shall be designed so that paths do not cross at any location. (2) Track Surface. The track surface shall: (a) Be hard and smooth; (b) Be kept free of ruts, holes, and bumps; and (c) Except for a slick track, provide road grip sufficient to enable a kart to be driven safely at the operating speed. (3) Loading and Unloading Area. (a) Each track shall have a designated area for loading and unloading passengers. (b) The owner or operator shall ensure that a passenger enters or leaves a kart only in the designated loading and unloading area. (c) The loading and unloading area of each track shall be designed and constructed to be: (i) Level; (ii) Graded; and (iii) Free from obstructions or obstacles. (d) Except for a track where all karts start and stop at the same time, the loading and unloading area shall be: (i) Designed and constructed to reduce the speed of an incoming kart; and (ii) Separated from the track by a barrier as described in §§A(4)(b)—(d) of this regulation. (e) The loading and unloading area for a track where all karts start and stop at the same time shall be: (i) Clearly marked as such; and (ii) Located so it will not inhibit the free flow of karts on the track. (4) Barriers. (a) A barrier shall be installed along the entire outer and inner edge of each track. (b) The barrier shall be designed to: (i) Prevent a kart from overturning or running over, under, or through the barrier; (ii) Minimize impact; (iii) Absorb shock; (iv) Keep a kart on the track area upon impact; and (v) Not be a hazard in itself. (c) The barrier shall be constructed: (i) To ensure the requirements listed in §A(4)(b) of this regulation are met; and (ii) Of material capable of withstanding impact, such as, but not limited to, wood, steel, or rubber tires. (d) When tires are used as a barrier, they shall be: (i) The same size; (ii) Stacked not more than two high; and (iii) Connected in such a manner to provide a continuous barrier. (5) Fencing. (a) Each go-kart operation shall be surrounded by a fence at least 42 inches high, with a gate and entrance and exit signs. (b) Pedestrian access to each track shall be fenced so that a pedestrian cannot enter the track area except through a track entrance gate. B. Karts. (1) A kart shall be designed in accordance with COMAR 09.12.62.10. (2) Exposed components on a kart, including but not limited to the steering wheel hub and headrest, which the rider may come into contact with in the case of impact or rollover, shall be padded and designed to minimize the risk of injury. (3) Engine parts that may become hot, mufflers, and all moving or rotating parts shall be shielded. (4) The brake and throttle pedal shall: (a) Be marked and identified; (b) Be foot-operated; and (c) Return to a nonoperational position when released. (5) The fuel system shall be: (a) Designed and mounted so that it may not be damaged from impact; (b) Located away from the exhaust. (6) The wheels of a kart shall be enclosed or guarded to avoid accidental contact with another kart wheel. (7) If kart speed and track design may contribute to a roll-over situation, a kart shall be equipped with roll-over protection, such as a roll bar or head pad. (8) Before January 1, 1991, if designed by the manufacturer, or if required by the Commissioner following such investigation as the Commissioner deems appropriate, a kart shall be equipped with an appropriate restraining device. (9) After December 31, 1990, each kart operated within the State shall have a lap and shoulder belt which is properly mounted, installed to ensure passenger safety, and effective to retain the passenger in the kart. #### Regulation .09 General Environment. *COMAR 09.12.64.09* A. If weather conditions make visibility by the operator or rider insufficient to ensure safe operation, the go-kart track shall be closed. B. During night-time operation, illumination adequate to ensure safe operation shall be provided. #### Regulation .10 Fire Protection. *COMAR 09.12.64.10* A. At each go-kart operation: (1) At least one fire extinguisher shall be located in the: (a) Pit area of each track; (b) Refueling area; and (c) Garage; (2) Fire extinguishers shall be located in the infield area as necessary to ensure safety and ready access. B. The fire extinguishers shall be: (1) Prominently marked; and (2) Easily accessible. C. No Smoking Sign. (1) A no smoking sign shall be posted in the pit area of each track, refueling area, garage, and in the infield area at locations to give adequate notice. (2) The no smoking signs shall be clearly visible. D. Karts shall be refueled: (1) At a designated location away from any area accessible to the public; (2) After the kart is: (a) Turned off; and (b) Evacuated. ### Chapter 65 — Passenger Ropeways *Repealed* **Administrative History:** Effective date: August 30, 2004 (31:17 Md. R. 1312) **Administrative History:** Regulation .01 repealed effective November 1, 2022 (49:21 Md. R. 951) **Administrative History:** Regulation .02 recodified to be COMAR 09.12.61.02 effective November 1, 2022 (49:21 Md. R. 951) ### Chapter 66 — Inflatable Amusement Attractions **Authority:** Business Regulation Article, §§3-204(c), 3-307—3-313 and 3-402, Annotated Code of Maryland **Administrative History:** Effective date: January 21, 2013 (40:1 Md. R. 20) **Administrative History:** Regulation .01B amended effective November 1, 2022 (49:21 Md. R. 951) **Administrative History:** Regulation .03B amended effective November 1, 2022 (49:21 Md. R. 951) **Administrative History:** Regulation .10 amended effective November 1, 2022 (49:21 Md. R. 951) **Administrative History:** Chapter revised as an emergency provision effective March 4, 2026 (53:6 Md. R. 285); emergency provision adopted effective May 11, 2026 (53:9 Md. R. 412) #### Regulation .01 Purpose. *COMAR 09.12.66.01* A. This chapter establishes safety standards for the installation, assembly, repair, maintenance, use, operation, disassembly, and inspection of inflatable amusement attractions operated in the State. B. COMAR 09.12.60 and 09.12.62 do not apply to inflatable amusement attractions. #### Regulation .02 Incorporation by Reference. *COMAR 09.12.66.02* In this chapter, the following documents are incorporated by reference to the extent that they are referenced in this chapter: A. The ASTM International Standards on Amusement Rides and Devices: F2374-22 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices (2022) (ASTM F2374-22), excluding Sections 5.5.5.2(4), 5.12.7.2(2), 5.16.6, 7.5.4.1 reference to 7.9, 7.5.5.3(2), 7.7.4, 7.9, 7.10 & 7.11.1; and B. The National Electrical Code, ANSI/NFPA #70-2020, which is incorporated by reference in COMAR 20.50.02.02. #### Regulation .03 Definitions. *COMAR 09.12.66.03* A. In addition to terms defined in Business Regulation Article, §3-101, Annotated Code of Maryland, in this chapter the following terms have the meanings indicated. B. Terms Defined. (1) “ASTM” means ASTM International, originally known as the American Society for Testing and Materials. (2) “Attendant” means a person assigned to assist the operator in attending to the safety needs of users. (3) “Certificate of inspection of an inflatable amusement attraction” means a certificate issued by the Commissioner of Labor and Industry. (4) “Exit means a doorway or other opening affording safe and unobstructed egress. (5) “Fire official” means the authority having jurisdiction in the locality over matters relating to fire prevention and explosion. (6) “Inflatable amusement attraction” means an air-supported amusement attraction that: (a) Incorporates a structural and mechanical system; and (b) Uses a high strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure. (7) “Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist” means the Commissioner of Labor and Industry’s form to be completed by the owner prior to the operation of an inflatable amusement attraction. (8) “Operator” means a person who is trained and who is capable of identifying existing and predictable hazards involving the inflatable amusement attraction operation, and has the authority to control and eliminate any hazards. (9) “Owner” means a person, the State or a political subdivision of the State that owns an inflatable amusement attraction, or if the amusement attraction is leased, the lessee. (10) “Qualified person” means a person who has successfully demonstrated the ability to solve or resolve problems related to the subject matter or the work: (a) By possession of a recognized degree, certificate, or professional standing; or (b) By extensive knowledge, training, and experience. (11) “Permanently erected inflatable amusement attraction” means an inflatable amusement attraction erected in the same location for more than 30 consecutive days. (12) “Rated capacity” means a capacity: (a) Established by the manufacturer for the normal loading and operation of an inflatable amusement attraction by weight or number of users; or (b) If the manufacturer has not established a capacity, as established by the Commissioner after inspection. (13) “Safety work order” means a written demand issued by an authorized representative of the Commissioner to perform work that has potential safety impact if not corrected. (14) “Special inflated amusement structure” means a fun house, dark ride, walk through, haunted house, or any other similar inflated amusement attraction that uses air pressure to support the walls and roof of the structure. (15) “Sustained wind speed” means wind speed determined by averaging observed values over a two-minute period. (16) User. (a) “User” means any person who is a participant in the use of an inflatable amusement attraction as defined by the manufacturer’s specifications. (b) “User” does not include employees of the inflatable amusement attraction owner while engaged in the duties of their employment. (17) “Wind gust” means a rapid fluctuation of wind speed determined by averaging observed values over a two-minute period. #### Regulation .04 General Responsibility for Compliance. *COMAR 09.12.66.04* A. Each owner of an inflatable amusement attraction erected in the State shall: (1) Comply with the provisions of this chapter; and (2) Ensure that the manufacturer’s recommendations, specifications, and other requirements relating to safety in the erection, operation, maintenance, repair, and disassembly of the inflatable amusement attraction are followed. B. In the event of a conflict between a regulation under this chapter and a manufacturer’s specification, the owner shall comply with the provision that best ensures the safety of the public as determined by the Commissioner or his authorized representative. #### Regulation .05 Registration, Inspection, and Notice of Operation. *COMAR 09.12.66.05* A. Except as specified by law, an owner may not operate an inflatable amusement attraction unless the Commissioner has issued a certificate of inspection of an inflatable amusement attraction. B. Annually, each owner shall register with the Commissioner those inflatable amusement attractions that the owner intends to operate in Maryland that year and file a certificate of insurance indicating that the owner has obtained insurance in the amount of at least $200,000 against liability for injury to an individual that arises out of the use of the inflatable amusement attraction. C. Request for Certificate Inspection. (1) Each owner requiring a certificate inspection of an inflatable amusement attraction shall notify the Commissioner that the inflatable amusement attraction is ready for inspection by submitting a completed inspection request form at least 30 days in advance of the anticipated operation date. (2) If there is a cancellation or change in the schedule of location or dates after initial notification, an owner shall: (a) Immediately notify the Commissioner by telephone; and (b) Promptly confirm the change in writing. (3) If an owner is unable to provide the Commissioner with the required 30-day advance notice, the owner shall submit to the Commissioner an inspection request form along with a detailed explanation of the reason for the lack of advance notice. The Commissioner may grant the inspection request contingent upon the availability of State resources. (4) The inspection request form shall be furnished by the Commissioner. D. Notice of Operation. (1) At least 5 business days in advance of anticipated operation of an inflatable amusement attraction with a current certificate of inspection, an owner of an inflatable amusement attraction shall submit to the Commissioner an itinerary of scheduled locations and dates. (2) If there is a cancellation or change in the schedule of location or dates after submission of the itinerary, an owner shall: (a) Immediately notify the Commissioner by telephone, email, or fax; and (b) If by telephone, promptly confirm the change in writing. #### Regulation .06 Inspections. *COMAR 09.12.66.06* A. Inspection Hours. (1) Inflatable amusement attraction inspections will normally be conducted during the business hours of 8 a.m. through 5 p.m., Monday through Friday, excluding holidays. (2) The Commissioner may schedule inspections at other times when the Commissioner determines that there are extenuating circumstances. B. The Commissioner may review the following as part of the inspection: (1) The Daily Inspection Pre-Opening Checklist; (2) The owner’s manual; and (3) Other information as requested including, but not limited to, the manufacturer’s specifications. C. If after an inspection the Commissioner determines that corrective action is necessary, the Commissioner may issue a safety work order that details the required corrective action, including the time allowed for abatement of each action. D. In response to the issuance of a safety work order, the Commissioner may: (1) Grant an extension of the time allowed to abate the action; (2) Deny or revoke a certificate of inspection of an inflatable amusement attraction; or (3) Issue a citation with a penalty. E. If required, a certificate of inspection of an inflatable amusement attraction shall be posted in public view on or in front of the inflatable amusement attraction for which the certificate is issued. #### Regulation .07 Special Inflated Amusement Structures. *COMAR 09.12.66.07* A. For a special inflated amusement structure located in an amusement park, carnival, or fair, the owner shall make a request to the fire official for the jurisdiction where the amusement attraction is located for fire safety inspection: (1) Before operation at each location; and (2) When there is a change in construction, materials, or decorations. B. Exits. (1) At least two exits remote from each other shall be provided for each floor, tier, room, or balcony in a structure that contains a special inflatable amusement structure. (2) An exit may not be less than 22 inches wide. C. A certificate of inspection for an inflatable amusement attraction issued by the Commissioner is valid for the inflatable attraction only and does not address fire safety issues that may require review by the local fire official. #### Regulation .08 Information Panel and State Registration Sticker. *COMAR 09.12.66.08* A. Information Panel. (1) The information panel shall include the following, as applicable: (a) Serial number, which is a manufacturer-issued or owner-issued unique identifying number; (b) Name of the inflatable amusement attraction; (c) Manufacturer of the inflatable amusement attraction; (d) Date of manufacture, which is the month and year of manufacture, as determined by the manufacturer, if known; (e) Direction of travel, if the direction of travel is essential to the safe operation of the inflatable amusement attraction; and (f) Rated capacity in weight or number of users. (2) An information panel: (a) Is required for each inflatable amusement attraction; (b) Shall be printed in English; and (c) Shall be designed to remain legible for the expected life of the inflatable amusement attraction. B. State Registration Sticker. (1) The Commissioner shall issue a State registration number and State registration sticker to each registered inflatable amusement attraction. (2) If the registration number is no longer legible, the owner shall notify the Commissioner for issuance of a replacement State registration sticker. C. Each inflatable amusement attraction shall have the State registration sticker on site in a readily visible location on the inflatable amusement attraction. #### Regulation .09 Applicability of ASTM F2374-22. *COMAR 09.12.66.09* A. For an inflatable amusement attraction manufactured after January 1, 2026, in addition to the requirements of this chapter, the requirements of ASTM F2374-22 shall apply. B. For an inflatable amusement attraction manufactured before January 1, 2026, in addition to the requirements of this chapter, ASTM F2374-22 shall apply except Sections 5.5.5, 5.5.5.1, 5.13, and 6.1.3. #### Regulation .10 Operation. *COMAR 09.12.66.10* A. Each owner shall obtain the manufacturer’s operations manual and shall: (1) Read and become familiar with the contents of the manufacturer’s recommended operating instructions and specifications; (2) Keep the manufacturer’s operations manual on location with the inflatable amusement attraction; and (3) Provide a copy of the manufacturer’s operations manual, in English, to the Commissioner on request. B. The owner shall set up and operate an inflatable amusement attraction in accordance with the following: (1) Owner requirements for setting up inflatables amusement attractions. (a) An inflatable amusement attraction shall not be operated when the maximum sustained wind speed is 15 mph or greater; or (b) When there are wind gusts lasting 3 seconds or longer with wind speed of 25 mph or greater in the immediate area where the inflatable attraction is being operated. (2) Anchorage points installed near an entrance or exit of an inflatable amusement attraction shall be connected in such a manner as to minimize the potential for tripping, abrasions, or other injuries; (3) Blowers and inflation tubes shall be positioned to prevent kinks or bends in the inflation tube; and (4) Inflatable amusement attractions shall be anchored or secured in accordance with the manufacturer’s specifications or the following requirements: (a) The on-ground anchor weight used for inflatable amusement attractions shall be at least 75 pounds for bounce-type rides; (b) The on-ground anchor weight for slide-type rides over 15 feet tall shall be at least 500 pounds for each installed anchor position; (c) Anchors shall be used at all of the manufacturer’s required positions at all times for both indoor and outdoor use; (d) Each anchor must be: (i) At least 1 inch in diameter; and (ii) Solid in composition; (e) Anchors can be straight stakes, screw stakes, ground weights, or sandbag ground anchors, and must comply with the following: (i) If straight stakes are used, they must be at least 36 inches in length with at least 75 percent or more of the length in the ground; and (ii) The ends of the stakes should be covered to prevent a tripping hazard; (f) Tie-downs should be attached to a secure device or permanent structure and attached so that they cannot slip off the anchor during use; (g) Tie-downs should not be attached to motor vehicles; (h) Tie-downs should comply with manufacturer’s specifications or have a minimum tensile strength of 3,700 pounds or 370 pounds safe working load; and (5) Permanently erected inflatable amusement attractions shall comply with the following: (a) The manufacturer’s specifications; (b) The requirements of ASTM F2374-22.5.6.9.1; (c) The requirements in §B(1)—(4) of this regulation; and (d) If erected with stakes or bolts, the stakes or bolts shall be inspected prior to each operation to ensure: (i) Secure anchorage; (ii) No corrosion of anchorage; and (iii) No debris near anchorage. C. Weather conditions and forecast for the zip code area where the inflatable amusement attraction is operated shall be: (1) Set-up monitoring. (a) Monitored prior to set up of the inflatable amusement attraction; and (b) Recorded in a written log as provided for in Regulation .12(D)(1)(b) of this regulation; (2) Monitored periodically during operations using a National Oceanic and Atmospheric Administration weather radio application or source similar in reliability. D. Wind speeds shall be monitored prior to the set up of an inflatable amusement attraction and periodically during operation using an anemometer or other reliable method. E. Operator, Attendant, and User Operating Requirements. (1) For an inflatable amusement attraction less than 15 feet in height, the owner shall provide the appropriate number of operators and attendants as specified by the manufacturer. (2) For an inflatable amusement attraction over 15 feet in height, the owner shall follow the manufacturer’s specifications as to the appropriate number of operators and attendants, but a minimum of one operator and one attendant shall be provided. (3) For an inflatable amusement attraction over 15 feet in height, the owner shall follow the manufacturer’s specifications as to maximum number of users. (4) If the manufacturer’s specifications do not provide the number of users, there shall be no more than two users on the attraction and two users in a queue at any one time. F. General Owner Obligations. (1) An owner shall comply with ASTM F2374-22.7.4. (2) The owner shall ensure that the amusement attraction is positioned at a location so that the operator has a clear view of the user loading and unloading areas. (3) The owner shall ensure that a designated operator shall operate only one inflatable amusement attraction at a time. G. Operators. (1) The owner shall ensure each inflatable amusement attraction: (a) Is under the direct control of an operator who has been trained in the operation of the assigned inflatable amusement attraction; and (b) Has the appropriate number of operators in the appropriate locations as provided for by the manufacturer’s specifications. (2) The owner shall ensure that a designated operator: (a) Does not operate any inflatable amusement attraction while under the influence of drugs or alcohol; (b) Knows the use and function of all operating controls, signal systems, and safety devices applicable to the inflatable amusement attraction; (c) Knows the proper user loading sequence and capacity of the particular inflatable amusement attraction being operated; (d) Remains stationed at the inflatable amusement attraction during operation; (e) Has control of the inflatable amusement attraction at all times; (f) Enforces applicable restrictions; and (g) Has no other distractions from the operator’s responsibilities. H. Operator and Attendant Identification. (1) An owner shall issue to each operator and attendant identification that is highly visible. (2) The identification shall clearly indicate the following: (a) The title, that is, operator or attendant; (b) Either the name of the operator or attendant or an identification number; and (c) The name of the inflatable amusement attraction company. (3) Before issuing any identification, the owner shall train the operator and the attendant in accordance with §I of this regulation. I. Operator and Attendant Training. (1) An owner shall comply with the requirements of ASTM F2374-22.7.8 regarding operator and attendant training; (2) An operator or attendant shall be trained on how to monitor the local weather including assessing the wind speeds using an anemometer or other reliable method; and (3) The owner of an inflatable amusement attraction shall ensure that the Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist is properly filled out and signed at the completion of the daily pre-opening program. J. Daily Inspection Program. (1) An owner shall comply with the requirements of ASTM F2374-22.7.7, except §7.7.4. (2) Worn and damaged components shall be repaired or replaced immediately and before operation. (3) The owner of an inflatable amusement attraction shall ensure that the Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist is properly filled out and signed at the completion of the daily pre-opening program. (4) A copy of the Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist shall be provided to the Commissioner on request. #### Regulation .11 Injury Reporting and Recording. *COMAR 09.12.66.11* A. Injury Reporting. (1) Whenever a death, in-patient hospitalization, amputation, compound fracture, broken tooth, or loss of an eye occurs during the use of an inflatable amusement attraction: (a) The person who directly controls the operation of the inflatable amusement attraction shall immediately close the inflatable amusement attraction until it has been inspected by the Commissioner; and (b) The amusement owner shall report orally or in writing to the Commissioner within 24 hours: (i) Date and time of the incident; (ii) Name, address, and telephone number of the injured person and parent or guardian information if the injured person is a minor; (iii) Age of the injured person; (iv) Name and manufacturer of the inflatable amusement attraction; (v) Description of the injury; (vi) Description of events related to the incident; and (vii) Name, address, and phone number of the inflatable amusement attraction operator and attendants. (2) If an owner is unaware of the condition of a member of the public injured during the operation of an inflatable amusement attraction who was transported away from the premises by an emergency response vehicle, the owner shall report verbally to the Commissioner within 24 hours the information required in §A(1)(b) of this regulation. B. Injury Recording. (1) In addition to the reporting requirements of §A of this regulation, all owners shall maintain an injury log of all injuries to the public that occur during use of inflatable amusement attractions that require medical treatment by a physician other than one-time first aid and does not include: (a) An injury that does not ordinarily require medical treatment, such as a minor burn, splinter, contusion, scratch, or cut not requiring stitches; or (b) A diagnostic procedure, including examination and x-ray, even though provided by a physician or other licensed professional personnel. (2) The injury log shall contain the following information: (a) Company name; (b) Location; (c) Date; (d) Certificate number; (e) Type of inflatable amusement attraction; (f) Nature of incident; (g) Description of injury; (h) Age of injured person; (i) Last known condition of injured person, including date information obtained; and (j) Date added to log. (3) Each injury required under this section and §A of this regulation, shall be recorded on the injury log within 7 calendar days and updated as additional required information becomes available. (4) A copy of a sample injury log is available on the Department's webpage. (5) An owner shall maintain injury logs on a calendar year basis. (6) An owner shall certify the completeness and accuracy of the information contained on the injury log by January 15 of the following calendar year. (7) An owner shall provide access to prior years', and the portion completed for the current year, injury log to the Commissioner. (8) Each owner shall maintain, and make available for inspection by the Commissioner, an injury log for 5 years. #### Regulation .12 Records and Reports. *COMAR 09.12.66.12* A. The Inflatable Amusement Attraction Daily Inspection and Daily Pre-Opening Checklist shall be: (1) Signed by the person performing the inspection immediately upon completion of the inspection; (2) Kept with the inflatable amusement attraction or at an on-site office; and (3) Maintained for at least 30 days. B. Identification Records. An owner shall maintain a record of the name and identification number of each operator and attendant with the following information: (1) Inflatable amusement attraction that the operator and attendant operated; and (2) The date and location of operation. C. Record of Training. (1) Each owner shall: (a) Maintain a record of training provided to each operator and attendant; and (b) Provide the Commissioner with a copy of the record of training on request. (2) The training record shall indicate the following for each operator and attendant: (a) The name or identification number; (b) A detailed description of the training provided; and (c) A list of all the inflatable amusement attractions for which the operator and attendant received training. D. Written Logs. (1) An owner shall ensure that a written log is maintained and: (a) Written log requirements: (i) Contain any reports from riders complaining of adverse physical effects or operating inconsistencies occurring during the operation of an amusement attraction; and (ii) Are submitted to the Commissioner when multiple reports of a particular nature may indicate a pattern are shown in the log; and (b) Contains weather reports that reflect review of the weather forecast prior to each set up of the inflatable amusement attraction including the date, time, location of operation, and description of weather conditions. (2) A copy of the written logs required by this section shall be made available to the Commissioner upon request. #### Regulation .13 Design Criteria. *COMAR 09.12.66.13* A. An owner shall ensure that an inflatable amusement attraction is designed and manufactured in accordance with Regulation .09 of this chapter. B. Upon request, an owner shall provide the Commissioner with information to document compliance with §A of this regulation. C. Copies of all documents provided to the Commissioner shall be in English. #### Regulation .14 Access, Egress, and Walking Surfaces. *COMAR 09.12.66.14* A. Access to and egress from all inflatable amusement attractions shall be free from all recognized hazards. B. All walking surfaces including, but not limited to, loading and unloading areas, platforms, landings, stairs, and ramps shall be stable and slip-resistant. C. If there is the potential for exposure to a fall distance exceeding 30 inches, the owner shall take steps to prevent such falls. #### Regulation .15 Signage. *COMAR 09.12.66.15* An owner shall comply with the signage requirements of ASTM F2374-22.7.5.4 excluding “such as, but not limited to, those listed in 7.9” in Section 7.5.4.1. #### Regulation .16 General Environment. *COMAR 09.12.66.16* A. Weather-Related and Environmental Condition Restrictions. (1) Except as provided in §A(2) of this regulation, all manufacturer weather-related and environmental condition restrictions shall be complied with; and. (2) In the event of lightning, maximum sustained wind speed in excess of 15 mph, or wind gusts lasting 3 seconds or longer with wind speed of 25 mph or greater in the immediate area where the inflatable amusement attraction is operating, a tornado watch, a severe storm predicted within a 5 mile radius, fire, or other disturbance, an owner shall implement the following: (a) Users shall be unloaded or evacuated safely from the inflatable amusement attraction immediately; and (b) The inflatable amusement attraction shall be closed and secured immediately. B. Illumination. (1) Each inflatable amusement attraction, including entrances and exits, shall be illuminated to provide adequate visibility of the surfaces used. (2) For the assembly and disassembly of inflatable amusement attractions, all work areas shall be illuminated to provide adequate visibility. #### Regulation .17 Fire Protection. *COMAR 09.12.66.17* A. Flammable and Combustible Liquids. (1) An owner shall store and handle flammable and combustible liquids consistent with the applicable National Fire Protection Association (NFPA) standards. (2) An owner may not handle or fuel equipment with flammable liquids within 20 feet of an inflatable amusement attraction. (3) An owner shall store flammable and combustible liquids at least 75 feet from an inflatable amusement attraction or other spark-producing equipment. B. Fire Extinguishers. (1) An owner shall provide at least one portable fire extinguisher listed and labeled with a ABC rating, as defined by the National Electrical Code, ANSI/NFPA #70, of not less than 10 pound capacity rating. (2) The fire extinguisher shall be located not less than 25 feet, or more than 75 feet, from any: (a) Flammable or combustible liquid storage; or (b) Portable electric generator. #### Regulation .18 Equipment and Materials. *COMAR 09.12.66.18* A. Guarding. (1) The owner shall ensure that machinery is guarded to prevent contact with belts, fan blades, or similar moving components. (2) Guards shall be: (a) Designed to perform a specific task; (b) Properly secured; and (c) Properly maintained in a condition consistent with the intent of the guard’s design. (3) Before a guard is removed for maintenance purposes: (a) The equipment shall be locked out or tagged out; and (b) The guard shall be replaced before normal operation is resumed. (4) A guard shall be designed so that it does not pose a hazard itself. B. Portable Electric Generators. (1) A portable electric generator is not required to be grounded if the portable electric generator: (a) Supplies only equipment mounted on the generator; or (b) Supplies power to the equipment through receptacles mounted on the generator that are connected by plug and cord and single extensions. (2) If a portable electric generator does not comply with §B(1) of this regulation, the owner shall ensure that a grounding electrode, such as a ground rod, is used for any fault current. (3) A portable electric generator shall be listed and labeled by a Nationally Recognized Testing Laboratory. (4) A portable electric generator may not be located: (a) Near user or pedestrian traffic; or (b) In locations that may be hazardous. #### Regulation .19 Location and Operation. *COMAR 09.12.66.19* A. In addition to the requirements set forth in this section, an owner shall comply with the installation requirements set forth in ASTM F2374.22.7.5.6.2-7.5.6.10. B. Location. (1) Placement of the inflatable amusement attraction at the location where it is to be operated shall ensure that: (a) The inflatable amusement attraction is compliant with manufacturer specifications; (b) The inflatable amusement attraction is on a level and stable surface after consideration of slope, topography and surface type; (c) The inflatable amusement attraction is not placed in a public right of way and away from motor vehicle traffic; and (d) The inflatable amusement attraction is accessible by emergency personnel. (2) Tie-Downs. (a) Tie-downs and anchors used to support an inflatable amusement attraction may not create a tripping or impalement hazard. (b) The immediate area surrounding the inflatable amusement attraction shall be clear of: (i) Trees and shrubs, if they pose a hazard; (ii) Free from debris; and (iii) Other tripping hazards including, but not limited to, pot holes. C. Clearances. (1) Except for equipment required for operation of the inflatable amusement attraction, there shall be side and overhead clearances of at least 48 inches between an inflatable amusement attraction and any other object. (2) Except for conductors supplying power to the device, an inflatable amusement attraction may not operate under or within 15 feet of any power lines, utilities, roads, cliffs, or bodies of water. #### Regulation .20 Electrical Requirements. *COMAR 09.12.66.20* A. In addition to the requirements set forth in this section, an owner shall comply with the installation requirements set forth in ASTM F2374-22.5.16.4. B. Lighting systems. Lighting systems, including fluorescent lighting systems, shall be: (1) In good repair; (2) Protected against accidental contact and breakage; and (3) Capable of containing the pieces of a broken light should breakage occur. #### Regulation .21 Rules of Procedure for Hearings. *COMAR 09.12.66.21* All contested case hearings before the Commissioner shall be governed by COMAR 09.01.02. #### Regulation .22 Variances. *COMAR 09.12.66.22* A. Application for Variance. (1) An affected owner may apply to the Commissioner for a variance from any regulation adopted under Business Regulation Article, Title 3, Annotated Code of Maryland. (2) An application for variance shall be in writing and shall include: (a) The name and address of the applicant; (b) Identification of the regulation from which the applicant seeks a variance; (c) The location, equipment, and practices involved; (d) A detailed statement of the applicant’s reasons for requesting a variance; (e) A statement of the steps the applicant has taken and will take, with specific dates when appropriate, to protect the public against the specific hazard covered by the regulation; and (f) Any request for a hearing. B. Posting of Notice. (1) Immediately on filing a request for a variance pursuant to Business Regulation Article, §3-314, Annotated Code of Maryland, an applicant shall post notice of the application at the place or places where a certificate of inspection is required to be posted. (2) The notice shall include: (a) The name and address of the applicant; (b) The date on which the application was filed; (c) Identification of the regulation from which the applicant seeks a variance; (d) The location, equipment, and practices involved; and (e) Notice to the public and affected employees of their right to participate in the proceeding. (3) The notice shall be maintained until the commencement of the proceedings. C. Order of Variance. (1) After investigation, on-site inspection, and such hearing as the Commissioner may direct, the Commissioner may grant a variance from a regulation under this chapter if: (a) It is evident that action is necessary to prevent undue hardship; or (b) Existing conditions prevent practical compliance and the reasonable safety of the public can, in the opinion of the Commissioner, be ensured. (2) An order of variance may require such special conditions as are reasonably necessary to ensure public safety. (3) A declaration, act, or omission of the Commissioner or the Commissioner’s authorized representative, other than a written order authorizing a variance as permitted above, may not be construed to exempt, either wholly or in part, expressly or implicitly, any owner from full compliance with the terms of any regulation under this chapter. D. Modification, Revocation, and Renewal of Order of Variance. (1) The Commissioner may modify, revoke, or renew an order of variance in the same manner prescribed for the issuance of an order of variance. (2) An order of variance may not be modified or revoked unless affected parties are informed of the proposed action and afforded an opportunity to: (a) Submit written data, views, or arguments regarding the proposed action; and (b) Request a hearing on the proposal. ### Chapter 67—70 — *VACANT* ### Chapter 71 — Arbitration of Labor Disputes, Elections, and Other Related Matters **Authority:** State Government Article, §10-204; Labor and Employment Article, §2-106(a);Education Article, §16-510.1; Annotated Code of Maryland **Administrative History:** Effective date: April 20, 1979 (6:8 Md. R. 655) **Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective December 14, 1987 (14:25 Md. R. 2659) #### Regulation .01 Procedure for Public Hearings. *COMAR 09.12.71.01* A. The Commissioner of Labor and Industry, or the Commissioner's designee, shall be the hearing officer. B. The hearing officer shall: (1) Call the title of the case; (2) Briefly explain the purpose and nature of the hearing; (3) Administer the oath to all persons who are summoned or intend to testify; and (4) Receive any stipulations entered into by the parties. C. Counsel or any party may address any preliminary matter, exception, or motion. D. The following exhibits shall be introduced: (1) If the hearing officer is the Commissioner's designee, a copy of the letter designating the individual to preside at the hearing; (2) A copy of the petition, complaint, or other matter involved in the hearing; and (3) A copy of the notice of hearing sent to each party. E. Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may: (1) Call witnesses; (2) Offer evidence, including rebuttal evidence; (3) Cross-examine witnesses; and (4) Present argument and summation. F. The hearing officer may question any witness. G. The rules of evidence of the Administrative Procedure Act—Contested Cases, State Government Article, §10-208, Annotated Code of Maryland, shall apply. H. The hearing officer's decision shall include: (1) Findings of fact based on the evidence presented; (2) Conclusions of law applying the law to the factual findings; and (3) An order disposing of the case. I. The hearing officer shall promptly deliver or mail a copy of the decision to each party or the party's attorney of record. ### Chapter 72—80 — *VACANT* ### Chapter 81 — Elevator, Escalator, and Chairlift Safety **Authority:** Public Safety Article, §§12-805, 12-806, and 12-809, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulation .01A adopted effective July 13, 1979 (6:14 Md. R. 1207) **Administrative History:** Regulation .01B adopted effective February 1, 1980 (7:2 Md. R. 114) **Administrative History:** Regulation .01C adopted effective August 16, 1982 (9:16 Md. R. 1605) **Administrative History:** Regulation .01D adopted effective September 1, 1982 (9:16 Md. R. 1605) **Administrative History:** Regulation .01E adopted effective November 1, 1983 (10:21 Md. R. 1900) **Administrative History:** Regulation .01F adopted effective December 17, 1984 (11:25 Md. R. 2133) **Administrative History:** Regulation .01F amended as an emergency provision effective September 26, 1986 (13:21 Md. R. 2311) (Emergency provisions are temporary and not printed in COMAR) **Administrative History:** Regulation .01G adopted effective January 28, 1985 (12:2 Md. R. 137) **Administrative History:** Regulation .01H amended as an emergency provision effective September 26, 1986 (13:21 Md. R. 2311) (Emergency provisions are temporary and not printed in COMAR) **Administrative History:** Chapter revised effective November 2, 1987 (14:22 Md. R. 2339) **Administrative History:** Regulation .01A amended effective April 28, 2003 (30:8 Md. R. 540); August 4, 2014 (41:15 Md. R. 890) **Administrative History:** Regulation .01E amended effective January 25, 1988 (15:2 Md. R. 120) **Administrative History:** Regulation .01F adopted effective December 26, 1988 (15:26 Md. R. 2981) **Administrative History:** Regulation .01F amended effective October 10, 1989 (16:19 Md. R. 2104); November 12, 1990 (17:22 Md. R. 2655) **Administrative History:** Regulation .01G adopted effective October 14, 1991 (18:20 Md. R. 2198) **Administrative History:** Regulation .01G amended effective March 2, 1992 (19:4 Md. R. 473); August 29, 1992 (19:16 Md. R. 1473); July 5, 1993 (20:13 Md. R. 1048); October 11, 1993 (20:20 Md. R. 1569) **Administrative History:** Regulation .01H adopted effective July 18, 1994 (21:14 Md. R. 1229) **Administrative History:** Regulation .01H amended effective August 28, 1995 (22:17 Md. R. 1317) **Administrative History:** Regulation .01H amended as an emergency provision effective April 25, 1996 (23:10 Md. R. 727); emergency status expired October 25, 1996 **Administrative History:** Regulation .01H amended effective November 18, 1996 (23:23 Md. R. 1556); March 24, 1997 (24:6 Md. R. 484) **Administrative History:** Regulation .01I adopted effective April 6, 1998 (25:7 Md. R. 526) **Administrative History:** Regulation .01J adopted effective December 28, 1998 (25:26 Md. R. 1921) **Administrative History:** Regulation .01K adopted effective October 4, 1999 (26:20 Md. R. 1545) **Administrative History:** Regulation .01L, M adopted effective April 1, 2002 (29:6 Md. R. 567) **Administrative History:** Regulation .01N adopted effective April 28, 2003 (30:8 Md. R. 540) **Administrative History:** Regulation .01O adopted effective September 29, 2003 (30:19 Md. R. 1331) **Administrative History:** Regulation .01P adopted effective March 14, 2005 (32:5 Md. R. 580) **Administrative History:** Regulation .01Q, R, S adopted effective April 7, 2008 (35:7 Md. R. 748) **Administrative History:** Regulation .01T, U adopted as an emergency provision effective August 21, 2009 (36:19 Md. R. 143); adopted permanently effective November 16, 2009 (36:23 Md. R. 1816) **Administrative History:** Regulation .01T amended effective July 25, 2011 (38:15 Md. R. 899) **Administrative History:** Regulation .01U—W amended effective December 26, 2011 (38:26 Md. R. 1696) **Administrative History:** Regulation .01W—Y amended effective July 8, 2013 (40:13 Md. R. 1073) **Administrative History:** Regulation .01W amended effective July 16, 2018 (45:14 Md. R. 695) **Administrative History:** Regulation .01X, Y repealed effective July 16, 2018 (45:14 Md. R. 695) **Administrative History:** Regulation .01Z, AA adopted effective July 16, 2018 (45:14 Md. R. 695) **Administrative History:** Regulation .01BB, CC adopted effective July 16, 2020 (47:14 Md. R. 675) **Administrative History:** Regulation .01DD adopted effective October 22, 2022 (49:9 Md. R. 531) **Administrative History:** Regulation .01EE, FF adopted effective June 17, 2026 (53:8 Md. R. 355) **Administrative History:** Regulation .01-1 adopted effective January 29, 2007 (34:2 Md. R. 137) **Administrative History:** Regulation .01-1B amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019); amended permanently effective February 25, 2008 (35:4 Md. R. 514) **Administrative History:** Regulation .01-1B amended as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); amended permanently effective November 16, 2009 (36:23 Md. R. 1816) **Administrative History:** Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1317); April 6, 1998 (25:7 Md. R. 526); April 1, 2002 (29:6 Md. R. 567) **Administrative History:** Regulation .02A amended effective July 16, 2020 (47:14 Md. R. 675); July 24, 2023 (Md. R. 50:14 592); June 17, 2026 (53:8 Md. R. 355) **Administrative History:** Regulation .02A, B amended effective March 4, 2013 (40:4 Md. R. 345) **Administrative History:** Regulations .03—.06 adopted as an emergency provision effective July 5, 2001 (28:15 Md. R. 1394); adopted permanently effective October 1, 2001 (28:19 Md. R. 1684) **Administrative History:** Regulation .04A amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019); amended permanently effective February 25, 2008 (35:4 Md. R. 514) **Administrative History:** Regulation .04-1 adopted as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019); adopted permanently effective February 25, 2008 (35:4 Md. R. 514) **Administrative History:** Regulation .04-1A amended as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); amended permanently effective November 16, 2009 (36:23 Md. R. 1816) **Administrative History:** Regulation .04-1C amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 285); emergency status expired June 9, 2008 **Administrative History:** Regulation .05 amended effective January 29, 2007 (34:2 Md. R. 137) **Administrative History:** Regulation .05 amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019); amended permanently effective February 25, 2008 (35:4 Md. R. 514) **Administrative History:** Regulation .05 amended as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); amended permanently effective November 16, 2009 (36:23 Md. R. 1816) **Administrative History:** Regulation .06 amended effective January 29, 2007 (34:2 Md. R. 137) **Administrative History:** Regulation .06A amended effective June 17, 2026 (53:8 Md. R. 355) **Administrative History:** Regulation .06B, C amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019); amended permanently effective February 25, 2008 (35:4 Md. R. 514) **Administrative History:** Regulation .07 adopted as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); adopted permanently effective November 16, 2009 (36:23 Md. R. 1816) **Administrative History:** Regulation .08 adopted as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); adopted permanently effective November 16, 2009 (36:23 Md. R. 1816) #### Regulation .01 Safety Code for Elevators and Escalators. *COMAR 09.12.81.01* A. Scope. (1) The following sections set out the dates on which ANSI/ASME codes and supplements as required by Public Safety Article, §12-805, Annotated Code of Maryland, became effective. (2) The applicable adopted safety code will be contingent upon the date the contract to install an elevator unit is signed. (3) Documentation verifying the contract date shall be provided as part of the registration process. (4) The elevator unit shall undergo a final acceptance inspection within 3 years of the contract date or the next subsequent adopted safety code shall be applied. (5) Requirements prescribed at the time of the initial elevator certification remain in effect. (6) Frequency of inspection requirements set forth in ANSI Code shall be performed annually, according to Public Safety Article, §12-812, Annotated Code of Maryland. B. The American Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1—1971 and its supplements, are effective on the dates indicated: (1) ANSI A17.1—1971 is effective March 7, 1973; (2) ANSI A17.1a—1972 is effective May 23, 1974; (3) ANSI A17.1b—1973 is effective January 1, 1975; (4) ANSI A17.1c—1974 is effective January 1, 1975; (5) ANSI A17.1d—1975 is effective October 31, 1975; (6) ANSI A17.1e—1975 is effective October 31, 1975; (7) ANSI A17.1f—1975 is effective October 31, 1975; (8) ANSI A17.1g—1976 is effective November 30, 1976. C. The American Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1—1978 and its supplements, are effective on the dates indicated: (1) ANSI A17.1—1978 is effective September 15, 1978; (2) ANSI A17.1a—1979 is effective June 30, 1979; (3) ANSI A17.1b—1980 is effective August 15, 1980. D. The ANSI/ASME A17.1 Safety Code for Elevators and Escalators, ANSI/ASME A17.1—1981 and its supplements, are effective on the dates indicated: (1) ANSI/ASME A17.1—1981 is effective April 22, 1982; (2) ANSI/ASME A17.1a—1982 is effective May 30, 1983; (3) ANSI/ASME A17.1b—1983 is effective June 23, 1984. E. The ANSI/ASME A17.1 Safety Code for Elevators and Escalators, ANSI/ASME A17.1—1984 and its supplements, are effective on the dates indicated: (1) ANSI/ASME A17.1—1984 is effective March 16, 1985; (2) ANSI/ASME A17.1a—1985 is effective October 15, 1985; (3) ANSI/ASME A17.1b—1985 is effective April 15, 1986; (4) ANSI/ASME A17.1c—1986 is effective October 31, 1986; (5) ANSI/ASME A17.1d—1986 is effective May 31, 1987; (6) ANSI/ASME A17.1e—1987 is effective October 30, 1987. F. The ASME/ANSI A17.1 Safety Code for Elevators and Escalators, ASME/ANSI A17.1—1987 and its supplements, are effective on the dates indicated: (1) ASME/ANSI A17.1—1987 is effective July 16, 1988; (2) ASME/ANSI A17.1a—1988 is effective May 16, 1989; (3) ASME/ANSI A17.1b—1989 is effective May 31, 1990. G. ASME A17.1-1990 Safety Code for Elevators and Escalators and Supplements. (1) The ASME A17.1-1990 Safety Code for Elevators and Escalators, excluding Parts V, XXI, and XXIII, is incorporated by reference and is effective October 14, 1991, with the following changes: (a) On page 87, delete the text under Rule 211.3b Smoke Detectors, and insert in its place the following: (b) On page 163, delete the text under Rule 1000.1 Persons Authorized to Make Inspections and Tests, and insert in its place the following: (c) On page 163, delete the text under Rule 1000.1b(1) and (2) Periodic Inspection and Tests, and insert in its place the following: (d) On page 164, delete the text under Rule 1001.1 Inspection and Test Periods, and insert in its place the following: (e) On page 169, delete the text under Rule 1004.1 Inspection and Test Periods, and insert in its place the following: (f) On page 171, delete the text under Rule 1007.1 Inspections and Test Periods, and insert in its place the following: (g) On page 264, delete the text under Rule 2000.10b(2) Attendant Operation, and insert in its place the following: (h) On page 264, delete the text under Rule 2001.1b Clearances, and insert in its place the following: (i) On pages 266 and 267, delete the text under Rule 2001.6c(1) Platform Guarding, and insert in its place the following: (j) On page 268, delete the text under Rule 2001.10b(2) Attendant Operation, and insert in its place the following: (k) On page 268, delete the text under Rule 2001.10b(4) Attendant Operation, and insert in its place the following: (l) On page 270, delete the text under Rule 2002.6d Footrest Clearance, and insert in its place the following: (m) On pages 289—293, delete the text under Part XXIII, Rooftop Elevators, and insert in its place the following: (2) ASME A17.1a—1991, the Addenda to ASME A17.1—1990 Safety Code for Elevators and Escalators, is incorporated by reference and is effective August 29, 1992. (3) ASME A17.1b—1992, the Addenda to ASME A17.1—1990 Safety Code for Elevators and Escalators. (a) ASME A17.1b—1992 is incorporated by reference and is effective July 5, 1993. (b) The Errata to ASME A17.1b—1992 is incorporated by reference and is effective October 11, 1993. H. ASME A17.1—1993—Safety Code for Elevators and Escalators and Supplements. (1) The ASME A17.1—1993 Safety Code for Elevators and Escalators, excluding Parts V, XXI, and XXIII, is incorporated by reference and is effective July 18, 1994, with the following changes: (a) On page 27, delete the text under Rule 106.1b(3) Design and Construction of Pits and insert in its place the following: (b) On page 87, delete the text under Rule 211.3b Smoke Detectors, and insert in its place the following: (b-1) On page 148, delete the text under Rule 802.3f Skirt Panels and insert in its place the following: (c) On page 165, delete the text under Rule 1000.1 Persons Authorized to Make Inspections and Tests, and insert in its place the following: (d) On page 165, delete the text under Rule 1000.1b(1) and (2) Periodic Inspection and Tests, and insert in its place the following: (e) On page 166, delete the text under Rule 1001.1 Inspection and Test Periods, and insert in its place the following: (f) On page 172, delete the text under Rule 1004.1 Inspection and Test Periods, and insert in its place the following: (g) On page 174, delete the text under Rule 1007.1 Inspections and Test Periods, and insert in its place the following: (h) On page 177, delete the text under Rule 1010.10 Wheelchair Lifts, and insert in its place the following: (i) On page 208, delete the text under §1217 Rooftop Elevators, and insert in its place the following: (j) On page 270, delete the text under Rule 2000.10b(2) Attendant Operation, and insert in its place the following: (k) On page 271, delete the text under Rule 2001.1b Clearances, and insert in its place the following: (l) On pages 272 and 273, delete the text under Rule 2001.6c(1) Platform Guarding, and insert in its place the following: (m) On page 274, delete the text under Rule 2001.10b(2) Attendant Operation, and insert in its place the following: (n) On page 274, delete the text under Rule 2001.10b(4) Attendant Operation, and insert in its place the following: (o) On page 276, delete the text under Rule 2002.6d Footrest Clearance, and insert in its place the following: (p) On pages 295—299, delete the text under Part XXIII, Rooftop Elevators, and insert in its place the following: (2) ASME A17.1a-1994 Addenda to ASME A17.1-1993 Safety Code for Elevators and Escalators, excluding Part V, is incorporated by reference and is effective August 24, 1995. (3) The ASME A17.1b-1995 Addenda to ASME A17.1-1993 Safety Code for Elevators and Escalators, excluding Parts V and XXI, is incorporated by reference and is effective March 24, 1997, with the following changes: (a) On page 87, insert the following under Rule 211.3b: (b) On page 166, delete the text under Rule 1001.1 Inspection and Test Periods, and insert in its place the following: (c) On page 174.1, delete the text under Rule 1007.1 Inspections and Test Periods, and insert in its place the following: (d) On page 324.5, delete the text under Rule 2501.12(a). I. ASME A17.1-1996—Safety Code for Elevators and Escalators and Supplements. The ASME A17.1-1996 Safety Code for Elevators and Escalators, excluding Parts V, XXI, and XXIII, is incorporated by reference and is effective April 6, 1998, with the following changes: (1) On page 31, delete the text under Rule 106.1b(3) Design and Construction of Pits, and insert in its place the following: (2) On page 90, under Rule 210.14 Inspection Operation With Hoistway-Door Electric Contact or Car-Door Electric Contact Open, before the NOTE, insert the following paragraph: (3) On page 92, insert the following under Rule 211.3b Smoke Detectors: (4) On page 158, delete the text under Rule 802.3f Skirt Panels, and insert in its place the following: (5) On page 177, delete the text under Rule 1000.1 Persons Authorized to Make Inspections and Tests, and insert in its place the following: (6) On page 177, delete the text under Rule 1000.1b(1) and (2) Periodic Inspection and Tests, and insert in its place the following: (7) On page 178, delete the text under Rule 1001.1 Inspection and Test Periods, and insert in its place the following: (8) On page 184, delete the text under Rule 1004.1 Inspection and Test Periods, and insert in its place the following: (9) On page 187, delete the text under Rule 1007.1 Inspections and Test Periods, and insert in its place the following: (10) On page 191, delete the text under Rule 1010.10 Wheelchair Lifts, and insert in its place the following: (11) On page 223, delete the text under §1217 Rooftop Elevators, and insert in its place the following: (12) On page 284, delete the text under Rule 2000.10b(2) Attendant Operation, and insert in its place the following: (13) On page 285, delete the text under Rule 2001.1b Clearances, and insert in its place the following: (14) On page 287, delete the text under Rule 2001.6c(1) Platform Guarding, and insert in its place the following: (15) On page 289, delete the text under Rule 2001.10b(2) Attendant Operation, and insert in its place the following: (16) On page 289, delete the text under Rule 2001.10b(4) Attendant Operation, and insert in its place the following: (17) On page 291, delete the text under Rule 2002.6d Footrest Clearance, and insert in its place the following: (18) On pages 309 through 313, delete the text under Part XXIII, Rooftop Elevators, and insert in its place the following: (19) On page 341, delete the text under Rule 2501.12(a). J. ASME A17.1a-1997 Addenda to ASME A17.1-1996 Safety Code for Elevators and Escalators, excluding Part V, is incorporated by reference and is effective December 28, 1998. K. ASME A17.1b-1998 Addenda to ASME A17.1-1996 Safety Code for Elevators and Escalators is incorporated by reference and is effective August 23, 1999. L. ASME A17.1c-1999 Addenda to ASME A17.1-1996 Safety Code for Elevators and Escalators is incorporated by reference and is effective April 1, 2002. M. ASME A17.1d-2000 Addenda to ASME A17.1-1996 Safety Code for Elevators and Escalators is incorporated by reference and is effective April 1, 2002. N. ASME A17.1-2000 Safety Code for Elevators and Escalators. The ASME A17.1-2000 Safety Code for Elevators and Escalators, excluding Sections 5.3, 5.4, 5.6, and 5.8, is incorporated by reference with the following change: On page 374, delete the text under Rule 8.11.1.3 Periodic Inspection and Test Frequency, and insert in its place the following: Periodic inspections and tests shall be made at intervals not longer than 1 year. O. ASME A17.1a-2002 Addenda to ASME A17.1-2000 Safety Code for Elevators and Escalators is incorporated by reference. P. ASME A17.1b-2003 Addenda to ASME A17.1-2000 Safety Code for Elevators and Escalators is incorporated by reference. Q. ASME A17.1-2004 Safety Code for Elevators and Escalators. The ASME A17.1-2004 Safety Code for Elevators and Escalators, excluding Sections 5.3, 5.4, 5.6, 5.8, and 5.9, is incorporated by reference. R. ASME A17.1a-2005 Addenda to ASME A17.1-2004 Safety Code for Elevators and Escalators, excluding Sections 5.3, 5.4, 5.6, 5.8, and 5.9, is incorporated by reference. S. ASME A17.1S-2005 Supplement to ASME A17.1-2004 Safety Code for Elevators and Escalators is incorporated by reference. T. The ASME A17.1-2007/CSA B44-07 Safety Code for Elevators and Escalators, excluding Sections 5.6, 5.8, and 5.9, is incorporated by reference. U. ASME A17.1a-2008/CSA B44a-08 Addenda to ASME A17.1-2007/CSA B44-07 Safety Code for Elevators and Escalators is incorporated by reference. V. ASME A17.1b-2009/CSA B44b-09 Addenda to ASME A17.1-2007/CSA B44-07 Safety Code for Elevators and Escalators is incorporated by reference. W. ASME A17.1-2010/CSA B44-10 (Revision of ASME A17.1-2007 and CSA B44-07) Safety Code for Elevators and Escalators, excluding Sections 5.6, 5.8, and 5.9, is incorporated by reference. X. Repealed. Y. Repealed. Z. ASME A17.1-2013/CSA B44-13 (Revision of ASME A17.1-2010/CSA B44-10) Safety Code for Elevators and Escalators is incorporated by reference. AA. ASME A17.1-2016/CSA B44-16 (Revision of ASME A17.1-2013 and CSA B44-13) Safety Code for Elevators and Escalators is incorporated by reference. BB. ASME A17.8-2016/CSA B44.8-16 Standard for wind turbine tower elevators is incorporated by reference. CC. Article 620 Elevators, Dumbwaiters, Escalators, Moving Walks, Platform Lifts, and Stairway Chairlifts of the National Electric Code (NFPA 70), which is incorporated by reference in COMAR 09.12.50.02-1B(3). DD. ASME A17.1-2019/CSA B44-19 (Revision of ASME A17.1-2016 and CSA B44-16) Safety Code for Elevators and Escalators is incorporated by reference. EE. ASME A17.1-2022/CSA B44:22 (Revision of ASME A17.1-2019/CSA B44:19) Safety Code for Elevators and Escalators is incorporated by reference with the following changes: (1) On page 23, after requirement number 2.2.4.2.2: (a) Insert an “(a)” at the beginning of the existing paragraph; and (b) Add new section “(b) For alterations where obstructions are encountered, the width shall be permitted to be decreased to less than 400 mm (16 in.). The reduced width shall be as wide as the available space permits, but not less than 304.8 mm (12 in.)”. (2) On page 24, add to the beginning of requirement 2.2.5.1, “Where access is necessary to service or access elevator equipment,”; (3) On page 232, delete Section 5.8, “Marine Elevators”; (4) On page 233, delete Section 5.9, “Mine Elevators”; (5) On page 241, under requirement 5.10.1.21.3, replace “Article 305 of NFPA 70” with “Article 590 of NFPA 70”; (6) On page 374, delete requirement 8.6.4.24; (7) On page 439, under requirement 8.11.1.4, add at the end of subsection (b)(1) “by bolting, welding, or dry walling to prevent access to the hoistway. The lowest landing may be sealed from outside the hoistway”; and (8) On page 439, under requirement 8.11.1.4, add at the end of section (b)(2) “by bolting, welding, or dry walling to prevent access to the hoistway. The lowest landing may be sealed from outside the hoistway”. FF. ASME A17.8-2021/CSA B44.8:21 Standard for Wind Turbine Tower Elevators is incorporated by reference. #### Regulation .01-1 Definitions. *COMAR 09.12.81.01-1* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “First aid” has the meaning stated in 29 CFR §1904.7(b)(5)(ii). (2) “Incident” means an event that results in significant property damage or a major operational malfunction that is not consistent with manufacturer specifications. (3) “Incident report” means a completed Division of Labor and Industry incident record form. (4) “Inclined platform lift” means a hoisting and lowering mechanism equipped with a platform and seat that: (a) Moves in guides in a diagonal plane from one level to another with limited travel, operating speed, and platform area; and (b) Is intended for transportation of mobility-impaired persons. (5) “Inspection report” means a completed Division of Labor and Industry inspection report form. (6) “Passenger elevator” means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading. (7) “Qualified” means a person who, by possession of a recognized degree in an applicable field or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve problems relating to elevator safety. (8) “Safety Code” has the meaning stated in Public Safety Article, §12-801, Annotated Code of Maryland. (9) “Serious injury” means an injury that requires medical treatment by a physician other than one-time first aid, which other treatment does not include diagnostic procedures such as x-ray after the one time treatment, even if provided by a physician. (10) “Serious injury record” means a completed Division of Labor and Industry serious injury record form. (11) “Test report” means a completed Division of Labor and Industry test report form. (12) “Third-Party Qualified Elevator Inspector Report and Checklist” means a completed Division of Labor and Industry Third-Party Qualified Elevator Inspector Report and Checklist form. (13) “Vertical platform lift” means a hoisting and lowering mechanism equipped with a partially enclosed platform that: (a) Moves in guides in a substantially vertical direction with limited travel, operating speed, and platform area; and (b) Is intended for transportation of mobility-impaired persons. (14) “Witness”, as it appears in the Safety Code, means to observe or to verify that testing has been performed by a qualified individual in accordance with the Safety Code. #### Regulation .02 Safety Standard for Platform Lifts and Stairway Chairlifts. *COMAR 09.12.81.02* A. Scope. (1) The following sections set out the dates on which ANSI/ASME codes and supplements for platform lifts and stairway chairlifts, as required by Public Safety Article, §12-805, Annotated Code of Maryland, became effective. (2) Requirements prescribed at the time of the initial platform lift and stairway chairlift certification remain in effect. (3) ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference and is effective April 1, 2002. (4) ASME A18.1a-2001 Addenda to ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference, as amended, and is effective March 4, 2013. (5) ASME A18.1b-2001 Addenda to ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference, as amended, and is effective March 4, 2013. (6) ASME A18.1-2003 (Revision of ASME A18.1-1999) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference, as amended, and is effective March 4, 2013. (7) ASME A18.1-2005 (Revision of ASME A18.1-2003) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference, as amended, and is effective March 4, 2013. (8) ASME A18.1-2008 (Revision of ASME A18.1-2005) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference, as amended, and is effective March 4, 2013. (9) ASME A18.1-2011 (Revision of ASME A18.1-2008) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference. (10) ASME A18.1-2014 (Revision of ASME A18.1-2011) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference. (11) ASME A18.1-2017 (Revision of ASME A18.1-2014) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference. (12) ASME A18.1-2020 (Revision of ASME A18.1-2017) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference. (13) ASME A18.1-2023 (Revision of ASME A18.1-2020) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference. B. In addition to the requirements of Part XX, Inclined Stairway Chairlifts and Inclined and Vertical Wheelchair Lifts, of the A17.1-Safety Code for Elevators, and the requirements of ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway Chairlifts, and all subsequent amendments, §§CF of this regulation apply. C. General Requirements. (1) Vertical and inclined wheelchair lifts and inclined stairway chairlifts may be used only by physically handicapped individuals, and may not be modified from their intended use. (2) A sign, indicating that the lift is for use by the physically handicapped only, shall be posted at the top and bottom landings of the lift runway. (3) Disconnecting Device. (a) A main line disconnecting device lockable only in the “OFF” position shall be provided. (b) The disconnecting device shall be located within view of the lift motor. D. Vertical Wheelchair Lift. (1) Adequate car illumination shall be provided during lift operation. (2) An attendant-operated lift shall be operated by a key-activated continuous-pressure switch. E. Inclined Wheelchair Lift. (1) The edge of the lift's foot rest, facing the upper landing, may not extend more than 12 inches above a step or landing as measured vertically. (2) Self-Closing Door. (a) The platform shall be equipped with a self-closing door on the sides of access to the upper and lower landings. (b) The self-closing door shall be operable within 2 inches of the upper and lower landings. (3) A lift shall be provided with a permanently attached folding seat and seatbelt to accommodate a person not in a wheelchair. (4) Attendant Operation. (a) An attendant-operated lift shall be operated by a key-activated continuous-pressure switch. (b) When the equipment operates on a straight flight of stairs and the platform is within sight during its entire travel, the attendant shall operate the unit from the bottom of the stairs. F. Inclined Stairway Chairlift. The edge of the lift's foot rest, facing the upper landing, may not extend more than 12 inches above a step or landing as measured vertically. #### Regulation .03 Notice of Planned Completion. *COMAR 09.12.81.03* A. At least 60 days before the planned completion of an elevator, dumbwaiter, escalator, or moving walk, an owner or lessee shall provide the Commissioner with written notice of the planned completion, which shall contain the following information: (1) Contractor name, contact person, address, telephone number, and fax number; (2) Site name, address, and telephone number; (3) Type of elevator, dumbwaiter, escalator, or moving walk; (4) Date of planned completion; (5) Name of manufacturer; and (6) Tentative date of use. B. Waiver of 60-Day Notice Requirement. (1) If emergency or unusual circumstances are established by the owner or lessee, the Commissioner shall waive the 60-day notice requirement of §A of this regulation. (2) To obtain a waiver, the owner or lessee shall file a written waiver request with the Commissioner: (a) As soon as the emergency or unusual circumstances arise; and (b) Containing a detailed explanation of the emergency or unusual circumstances. (3) If the Commissioner grants a waiver under this section, the Commissioner shall also advise the owner or lessee of when the Notice is due. #### Regulation .04 Final Acceptance Inspection. *COMAR 09.12.81.04* A. A final acceptance inspection by the Commissioner is required before the Commissioner may issue a certificate of registration and inspection on all new or modified elevator units. B. A contractor shall request a final acceptance inspection at least 30 days before the date the contractor requests for the final acceptance inspection to be conducted. C. A contractor may cancel a scheduled inspection under this regulation by written notice to the Commissioner at least 24 hours before the scheduled inspection. #### Regulation .04-1 Third-Party Qualified Elevator Inspectors. *COMAR 09.12.81.04-1* A. Qualifications. (1) A third-party qualified elevator inspector shall have a valid qualified elevator inspector certification issued by an organization accredited by the American Society of Mechanical Engineers. (2) A third-party qualified elevator inspector shall be: (a) An independent elevator consultant; (b) Employed by an independent inspection agency; or (c) Employed by the insurer of the elevator unit. (3) A third-party qualified elevator inspector shall be registered with the Commissioner before performing inspections pursuant to Public Safety Article, §12-809(d), Annotated Code of Maryland. (4) A third-party qualified elevator inspector, who meets the qualifications set forth in §A(1) and (3) of this regulation, but does not meet the qualifications set forth in §A(2) of this regulation, is authorized to conduct only pre-final inspections under Public Safety Article, §12-810(c)(2), Annotated Code of Maryland. B. Insurance Requirements. (1) A third-party qualified elevator inspector authorized to conduct periodic no-load elevator inspections shall provide the Commissioner with a certified copy of an insurance policy covering liability related to the third-party qualified elevator inspector performing inspections on elevator units in Maryland. (2) The insurance policy shall be issued by an insurance company authorized to do business in Maryland. (3) The insurance policy shall be in the amount of at least $500,000 for injury or death for any number of individuals in any single occurrence, and $100,000 for property damage in any single occurrence. (4) The insurance policy shall identify the Commissioner as the certificate holder. (5) A third-party qualified elevator inspector shall notify the Commissioner of any material insurance policy alterations or cancellations within 5 business days of receiving notice of the alteration or cancellation. (6) A third-party qualified elevator inspector who conducts only inspections pursuant to Public Safety Article, §12-810(c), Annotated Code of Maryland, is not required to have insurance under this provision. C. Registration and Renewal. (1) To register initially, a third-party qualified elevator inspector shall submit to the Commissioner a registration fee of $250 and a completed registration form setting forth the following: (a) The applicant's name and address of record; (b) A description of the applicant's education; (c) A list of the applicant's past and present employers; (d) The dates of the applicant's employment with each employer; (e) The position the applicant held with each employer; (f) Proof of certification required by §A of this regulation; and (g) Proof of insurance required by §B of this regulation. (2) A third-party qualified elevator inspector shall renew the registration on an annual basis and submit to the Commissioner the following: (a) A copy of the current qualified elevator inspector certification; (b) A completed renewal application form; and (c) A renewal fee of $250. D. Suspension, Revocation, or Cancellation of Registration for Third-Party Qualified Elevator Inspectors. (1) Suspension of Registration. (a) After investigation, the Commissioner may suspend the registration of a third-party qualified elevator inspector for the following reasons: (i) Incompetence of the third-party qualified elevator inspector; (ii) Untrustworthiness of the third-party qualified elevator inspector; (iii) Willful falsification of any matter or statement contained in the registration or renewal form; or (iv) Willful falsification of any matter or statement contained in a report or checklist of an inspection made by the third-party qualified elevator inspector. (b) Within 10 days after suspending the registration of a third-party qualified elevator inspector, the Commissioner shall give written notice of the suspension to the third-party qualified elevator inspector. (c) An individual whose third-party qualified elevator inspector registration has been suspended may apply for reinstatement after 120 days following the date of the suspension. (2) Revocation of Registration. (a) Following a suspension of registration under this section, if the Commissioner has reason to believe that a third-party qualified elevator inspector is no longer qualified to hold a registration, the Commissioner may hold a hearing to consider revocation of the third-party qualified elevator inspector's registration. (b) The Commissioner shall give at least 10 days written notice of the hearing to the third-party qualified elevator inspector. (c) At the hearing, the third-party qualified elevator inspector shall be present and may be represented by counsel. (d) The Commissioner shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (e) If, after the hearing, the Commissioner determines that the third-party qualified elevator inspector is no longer qualified to hold a registration, the Commissioner shall immediately revoke the third-party qualified elevator inspector's registration. (3) Cancellation of Registration. A third-party qualified elevator inspector shall be automatically cancelled if the insurance or QEI certification lapses for any reason. #### Regulation .05 Inspections by State Inspector. *COMAR 09.12.81.05* An inspection by the Commissioner as provided for in Public Safety Article, §12-809(a), Annotated Code of Maryland is required before a certification of registration and inspection is issued. #### Regulation .06 Record Keeping and Filing. *COMAR 09.12.81.06* A. Record Keeping. At a readily accessible central location in the building where the elevator unit is located, a contractor, owner, or lessee shall maintain: (1) A legible hard copy of maintenance, repair, test, and inspection records; or (2) An electronic copy of maintenance, repair, test, and inspection records in an electronic format approved by the Commissioner for that location. B. The records required to be filed with the Commissioner shall be filed pursuant to the following time intervals: (1) Incident reports shall be filed within 5 business days of the contractor, owner, or lessee having knowledge of the incident; and (2) Serious injury records shall be filed within 24 hours of the contractor, owner, or lessee having knowledge of the occurrence. C. When the Commissioner requires records to be filed electronically, they shall be filed in comma delimited or tab delimited format, except when to do so would pose an undue burden. #### Regulation .07 Owner Inspection Responsibilities. *COMAR 09.12.81.07* A. An owner shall hire a third-party qualified elevator inspector who is registered and authorized to perform periodic annual inspections under Regulation .04-1 of this chapter to conduct inspections under Public Safety Article, §12-809(d), Annotated Code of Maryland. B. An inspection by a third-party qualified elevator inspector as provided for under Public Safety Article, §12-809(d), Annotated Code of Maryland, is required before a certification of registration and inspection is issued. C. The Commissioner may not issue a certificate of registration and inspection to an owner until the third-party qualified elevator inspector has filed an inspection report certifying compliance with the Safety Code and regulations adopted by the Commissioner. D. An owner shall ensure that an elevator unit suspended by wire ropes, belts, chains, or a similar suspension or an elevator with rack and pinion drive has a comprehensive 5-year inspection. E. Comprehensive 5-Year Inspection. (1) A comprehensive 5-year inspection under §D of this regulation is a periodic annual inspection and a full load test performed on an elevator unit as defined in the Safety Code as a Category 5 Periodic Test. (2) For a comprehensive 5-year inspection: (a) The Commissioner shall establish the 5-year inspection anniversary date for each unit; (b) An owner shall ensure that each unit is tested by persons qualified to perform such testing as provided in the Safety Code; (c) An owner shall coordinate with the Commissioner the date and time of the inspection by filing an inspection request with the Commissioner at least 60 days prior to the inspection; and (d) If an owner provides the Commissioner with less than 60 days notice of the inspection request, the Commissioner shall schedule the inspection at the convenience of the State, subject to the availability of State resources. F. This regulation does not preclude an owner from having an elevator unit inspected more frequently than required by this regulation. #### Regulation .08 Third-Party Qualified Elevator Inspections. *COMAR 09.12.81.08* A. A Level I inspector is a third-party qualified elevator inspector who may perform pre-final inspections and periodic annual inspections if the individual: (1) Possesses and maintains a valid third-party qualified elevator inspector certification; (2) Is employed as an independent consultant or by an independent inspection agency or is employed by the insurer of the elevator unit; and (3) Possesses and maintains insurance as required by Regulation .04-1 of this chapter. B. A Level II inspector is a third-party qualified elevator inspector who may perform only pre-final inspections if the individual possesses and maintains a valid qualified elevator inspector certification. C. A third-party qualified elevator inspector is authorized to perform only pre-final inspections on a personnel hoist under the ANSI A10.4 Code if approved by the Commissioner after submission of the following information: (1) Documentation detailing experience, manufacturer's training, and knowledge of personnel hoists, safety codes, maintenance, and testing; and (2) Any additional information requested by the Commissioner. D. A third-party qualified elevator inspector shall ensure that inspections and tests are performed consistent with the ASME A17.2 Guide for Inspection of Elevators, Escalators, and Moving Walks and the Safety Code. E. Within 30 days of the completion of the periodic annual inspection, the third-party qualified elevator inspector shall submit to the Commissioner the Third-Party Elevator Inspector Report and Checklist form detailing the inspection findings and certifying whether the elevator unit is in compliance with the Safety Code and regulations adopted by the Commissioner. F. If, during the course of a periodic annual inspection of an elevator unit, a third-party qualified elevator inspector finds a potential violation of the Safety Code or any regulation adopted by the Commissioner, the third-party qualified elevator inspector shall provide the owner with the opportunity to abate and correct the alleged violation. G. When an inspection by a third-party qualified elevator inspector discloses that an elevator unit is in an unsafe condition so that its continued operation is likely to expose a passenger on an elevator unit to the threat of serious injury, the third-party qualified elevator inspector shall: (1) Advise the owner to cease operation of the elevator unit; and (2) Notify the Commissioner immediately. ### Chapter 82 — Elevators and Rescue Litters **Authority:** Public Safety Article, §12-805, Annotated Code of Maryland **Administrative History:** Effective date: September 8, 1986 (13:18 Md. R. 2020) **Administrative History:** Regulation .01 amended effective December 23, 1991 (18:25 Md. R. 2750) **Administrative History:** Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2750) #### Regulation .01 Purpose. *COMAR 09.12.82.01* This chapter delineates and defines certain terms used in Public Safety Article, §12-816, Annotated Code of Maryland. #### Regulation .02 Definition. *COMAR 09.12.82.02* “Rescue litter” means a device for use in moving a sick or wounded person. The term may include, but is not limited to, an ambulance stretcher, cot, or litter. #### Regulation .03 Rescue Litter Size. *COMAR 09.12.82.03* For the purposes of Public Safety Article, §12-816, Annotated Code of Maryland, the owner or lessee shall ensure that a horizontally positioned 6 foot 8 inch rescue litter having a width of 24 inches can be accommodated in the passenger elevator. ### Chapter 83 — Safety Requirements for Personnel Hoists **Authority:** Public Safety Article, §12-805, Annotated Code of Maryland **Administrative History:** Effective date: April 18, 1988 (15:8 Md. R. 1009) **Administrative History:** Regulation .01 amended effective July 15, 1996 (23:14 Md. R. 1008); July 16, 2020 (47:14 Md. R. 675) **Administrative History:** Regulation .01C, D adopted effective July 16, 2018 (45:14 Md. R. 695) #### Regulation .01 Incorporation by Reference. *COMAR 09.12.83.01* A. Purpose. These regulations establish safety standards for the design, construction, installation, operation, inspection, and maintenance of personnel hoists. B. The American National Standard Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations, ANSI A10.4—1990, is incorporated by reference, with the following changes: (1) On page 1, under Section 2.1, Related American National Standards, delete reference to ANSI/ASME A17.1—1987 and insert in its place the following: American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ASME A17.1, as adopted by the Commissioner of Labor and Industry. (2) On page 2, under Section 2.3, Referenced Standards, delete reference to ANSI/ASME A17.1—1988 and insert in its place the following: American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ASME A17.1, as adopted by the Commissioner of Labor and Industry. (3) On pages 8 and 9, delete the following definitions: (4) On page 11, delete the text under Section 4, Temporary Use of Permanent Elevators for Carrying Workers or Materials, and insert in its place the following: Section 4. Permanent passenger or freight elevators installed in buildings under construction, modification, or demolition may be used for carrying workers or materials, or both, provided the elevators are approved for such use and a temporary permit therefore is issued for the class of service for which approval is granted by the department having jurisdiction. Elevators for handling personnel during construction that operate in permanent hoistways on the permanent guide rails shall conform to the requirements of the current edition of the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ASME A17.1, as adopted by the Commissioner of Labor and Industry, that apply to this type of operation. (5) On page 24, delete the text under Section 14.3.1 and insert the following: When oil buffers are used they shall comply with Part II, Section 201, Rule 201.4 of ASME A17.1, as adopted by the Commissioner of Labor and Industry. (6) On page 45, delete Section 24.1.2.1 Automatic Operating Devices. (7) On page 45, delete Section 24.1.2.2. (8) On page 46, delete the text under Section 24.1.3, Top-of-Car Operation During Inspection, and insert the following: (9) On page 46, delete Section 24.1.4. Wireless Control. (10) On page 46, delete Section 24.1.5 Design Principle for Wireless Control. (11) On page 56, delete the text under Section 26.3, Acceptance Tests of Buffers for Car and Counterweight, and insert the following: No acceptance test shall be required for spring-type buffers. Oil buffers shall be tested in the field in accordance with Part X, Section 1000, Rule 1000.3 of ASME A17.1, as adopted by the Commissioner of Labor and Industry. (12) On page 57, delete the text under Section 26.6 Operation and insert the following: Except for requirements relating to automatic operation and wireless control, hoists shall be operated in compliance with the manufacturing specifications, rules, and recommendations, and the same of the governing authority. This shall consist of items, functions and criteria pertaining to the hoist use and shall be a part of an operational maintenance and inspection log. (13) On page 57, delete Section 26.6.1. (14) On page 59, delete the text under Section 29 Posting of Operating Permits and insert the following: Permits shall be posted in accordance with Regulation .02 of this chapter. C. American National Standard ANSI/ASSE A10.4 — 2007 Personnel Hoists and Employee Elevators on Construction and Demolition Sites, is incorporated by reference. D. American National Standard ANSI/ASSE A10.4 — 2016 Safety Requirements for Personnel Hoists and Employee Elevators on Construction and Demolition Sites, is incorporated by reference. E. Article 620 Elevators, Dumbwaiters, Escalators, Moving Walks, Platform Lifts, and Stairway Chairlifts of the National Electric Code (NFPA 70), which is incorporated by reference in COMAR 09.12.50.02-1B(3). #### Regulation .02 Identification Plate and Certificate of Inspection. *COMAR 09.12.83.02* A. A person may not operate a personnel hoist unless the Commissioner has issued: (1) An identification plate; and (2) A certificate of inspection. B. State of Maryland Identification Plate. (1) The Commissioner shall issue a State identification plate which the owner shall affix in a conspicuous location on the driving unit. (2) If an identification plate is no longer legible, the owner shall notify the Commissioner, who shall issue a replacement. C. Certificate of Inspection. (1) A certificate of inspection may not be issued unless the hoist is in full compliance with Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland, and all applicable regulations. (2) Application for a certificate of inspection shall be made on forms furnished by the Commissioner. (3) A certificate of inspection shall be posted on the personnel hoist for which it is issued. (4) A certificate of inspection is valid for not more than 90 days from the date of issuance. ### Chapter 84—90 — *VACANT* ### Chapter 91 — Railroad Safety and Health **Authority:** Labor and Employment Article, §§5.5-104 and 5.5-108, Annotated Code of Maryland **Administrative History:** Effective date: January 9, 1981 (8:1 Md. R. 20) **Administrative History:** Regulations .01—.03 adopted effective January 28, 1985 (12:2 Md. R. 137) **Administrative History:** Regulation .04 adopted effective February 24, 1986 (13:4 Md. R. 396) **Administrative History:** Regulation .05 adopted effective July 13, 1986 (13:14 Md. R. 1633) **Administrative History:** Regulation .06 adopted effective October 19, 1987 (14:21 Md. R. 2223) **Administrative History:** Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 849) #### Regulation .01 Definitions. *COMAR 09.12.91.01* A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “Agency” means the Division of Labor and Industry. (2) “Commissioner” means the Commissioner of Labor and Industry or the Commissioner's authorized representative. (3) “Presenter of evidence” means the Assistant Attorney General assigned to present charges and evidence on behalf of the agency. (4) “Presiding officer” means the Commissioner or a hearing officer authorized to conduct a hearing. #### Regulation .02 Rules of Procedure for Hearing. *COMAR 09.12.91.02* A. The requirements of this regulation are in addition to the requirements of the Administrative Procedure Act, Contested Cases, §10-201 et seq. of the State Government Article, Annotated Code of Maryland. B. Notice of Hearing. (1) The presiding officer shall serve notice of the hearing on all parties at least 15 days before the hearing. (2) Notice served under §B(1) of this regulation shall: (a) State the time, place, and nature of the hearing; (b) State the authority of the agency to hold the hearing; (c) Cite the specific section of each statute and regulation, including a procedural regulation, that is pertinent; and (d) State concisely and simply: (i) The facts that are asserted, or (ii) If the facts cannot be stated in detail when the notice is given, the issues that are involved. C. Manner of Service. (1) The requirements of this section are in addition to the requirements of COMAR 09.01.02.04. (2) Notice of hearing required by §B of this regulation shall be sent to all parties other than the agency by: (a) Certified mail with a return receipt requested; or (b) Personal delivery, provided the person serving the document certifies to the manner and date of service. (3) Unless otherwise required by law or by applicable regulations, service of any document upon any party may be made by: (a) Personal delivery, provided the person serving the document certifies to the manner and date of service; or (b) Mailing a copy of the document to the last known address of the party. D. Hearing Officer. (1) The requirements of this section are in addition to the requirements of COMAR 09.01.03 Hearing Officer Regulations. (2) A hearing officer shall have all powers necessary to conduct a fair, full and impartial hearing, including but not limited to the power to: (a) Administer oaths and affirmations; (b) Rule upon offers of proof and receive relevant evidence; (c) Regulate the course of the hearing and the conduct of the parties and their counsel; (d) Rule upon procedural requests; (e) Examine any witness; (f) Issue subpoenas; and (g) Take any other appropriate action authorized by applicable statutes or regulations. E. Issuance of Subpoena or Summons. (1) The requirements of this section are in addition to the requirements of COMAR 09.01.02.03. (2) On application of any party, received by the agency not less than 7 business days before a scheduled hearing date, the presiding officer shall immediately issue a subpoena or summons requiring the attendance and testimony of a witness and the production of any evidence, including relevant books, records, correspondence, or documents in the possession or under the control of the person subpoenaed or summoned. (3) An application for a subpoena or summons may be made by one party only. (4) A subpoena or summons shall show on its face the name and address of the party requesting the subpoena or summons. (5) If a person fails to comply with a subpoena or summons, the Commissioner shall initiate proceedings to enforce the subpoena or summons in the appropriate court if, in the Commissioner's judgment, the: (a) Testimony of the witness failing to appear is material to the proceedings; or (b) Production of the evidence by the person failing to comply is material to the proceedings. F. Hearings. (1) Postponement. (a) The requirements of §F(1) of this regulation are in addition to the requirements of COMAR 09.01.02.02. (b) A postponement for more than 30 days may not be granted without the approval of the presiding officer. (2) Hearings shall be recorded verbatim. (3) Hearing Procedure. (a) The presiding officer shall: (i) Call the title of the case; (ii) Explain briefly the purpose and nature of the hearing; (iii) Recite any charges, complaints, or other matters involved; and (iv) Administer the oath to all persons who are summoned or intend to testify. (b) Counsel or any party may be heard on any preliminary objection, exception, or motion, and any stipulation entered into by the parties shall be received. (c) The following exhibits shall be introduced: (i) If the presiding officer is a hearing officer, a copy of the letter designating the hearing officer to preside at the hearing; (ii) A copy of the petition, complaint, or other matter involved in the hearing; and (iii) A copy of the notice of hearing sent to persons entitled to receive notice. (d) Order of Testimony. In all hearings on: (i) Citations, the presenter of evidence shall proceed first and shall present the evidence on which the citation was based. (ii) Employee complaints, the presenter of evidence shall proceed first and shall present evidence obtained as a result of the agency investigation of the complaint. (iii) Applications for variance, counsel for the railroad company requesting the variance shall proceed first and present evidence demonstrating either that the variance is necessary to prevent undue operational or economic hardship, or that existing conditions prevent practical compliance and the reasonable safety of the public and employees of the railroad company can be assured. The presenter of evidence shall then present information obtained as a result of the agency's investigation of the variance request. (e) Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may: (i) Call witnesses; (ii) Offer evidence, including rebuttal evidence; (iii) Cross-examine any witness that another party or the agency calls; and (iv) Present summation and argument. (f) Written Memorandum. (i) Upon request of any party or counsel representing a party, before the close of the hearing, the presiding officer may permit a party or counsel to file a written memorandum, which may include proposed findings of fact and conclusions of law. (ii) The presiding officer may require a written memorandum. (iii) The presiding officer may fix a reasonable time for filing a memorandum. G. Determination of Hearing Officer. (1) Within a reasonable time after a hearing officer has heard all evidence and considered any written memorandum, the hearing officer shall issue a written determination which includes: (a) Proposed findings of fact based on the evidence in the record; (b) Proposed conclusions of law setting forth the application of the law to the factual findings; and (c) A proposed order making disposition of the case. (2) The hearing officer shall promptly serve a copy of the determination on each party. (3) Unless a review is requested under Labor and Employment Article, §5.5-118, Annotated Code of Maryland, within 15 working days from the date of the determination, the decision of the hearing officer becomes the final order of the Commissioner. #### Regulation .03 Variances. *COMAR 09.12.91.03* A. Application for Variance. (1) Any affected railroad company may apply to the Commissioner for a variance from a regulation or standard adopted under the Railroad Safety and Health Act, Labor and Employment Article, Title 5.5, Annotated Code of Maryland. (2) An application for variance shall be in writing and shall include: (a) The name and address of the applicant; (b) Identification of the regulation or standard from which the applicant seeks a variance; (c) The location, equipment, or practices involved; (d) A detailed statement of the reasons why the applicant is requesting a variance from the regulation or standard; (e) A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees and the public against the hazard covered by the regulation or standard; (f) Certification that the applicant has given appropriate notice of the application for variance to: (i) The applicant's employees affected by the variance, (ii) All authorized representatives of the affected employees, and (iii) Other persons affected by the condition for which a variance is sought; (g) A copy or description of the notice required by §A(2)(f) of this regulation; and (h) A list of the names and addresses of persons to be notified pursuant to §A(2)(f) of this regulation. B. Hearing. (1) A hearing shall be held on every request for variance. (2) Notice of a hearing on a request for variance shall be given in accordance with Regulation .02 of this chapter and also shall be published in the Maryland Register. (3) A hearing on a request for variance shall be conducted in accordance with Regulation .02 of this chapter. #### Regulation .04 Clearance Requirements. *COMAR 09.12.91.04* A. Definitions. In this regulation, the following terms have the meanings indicated: (1) “Main track” means track extending through a yard or between stations, upon which trains are controlled by timetable, block signals, interlocking rules, interlocking signals, or special instructions. (2) “Overhead clearance” means the vertical distance from the top of the highest rail to a structure or obstruction above. (3) “Side clearance” means the shortest horizontal distance from the centerline of track to a structure or obstruction at the side of the track. B. Exemptions. Provided reasonable safety is maintained, this regulation may not be construed to prevent: (1) Movement or distribution over tracks of material necessary to construct or maintain the tracks; or (2) Movement of work equipment used to construct or maintain the railroad. C. Overhead Clearance. (1) Except as otherwise provided in this regulation, the minimum overhead clearance above tracks used to transport freight cars shall be 22 feet. (2) The clearance required by §C(1) of this regulation does not apply to: (a) Engine houses and locomotive service facilities; (b) Tipples; (c) Facilities used to load or unload bulk commodities; or (d) Electric wires and equipment necessary to operate trains by electric energy, if railroad employees are prohibited from being on the tops of moving closed cars where the required clearance is not provided. (3) Existing Structures. Structures constructed before July 28, 1953 may be maintained at existing clearances, except that, whenever the structure is relocated or reconstructed, the clearance required by §C(1) of this regulation shall be provided. (a) Existing tracks may be reconstructed under the existing structure at existing clearances. (b) Additional tracks may be constructed under the existing structure at the same clearances as existing tracks. (4) Overhead clearance at the entrance to and within a building may be less than 22 feet but not less than 18 feet if all cars, locomotives, and other equipment are required to stop before entering the building. D. Side Clearances. (1) Except as otherwise provided in this regulation, the minimum side clearance from the centerline of tangent railroad tracks used to transport freight cars, to structures and obstructions above the top of the rail, shall be 8 feet 6 inches. (2) The clearance required by §D(1) of this regulation does not apply to: (a) Engine houses and locomotive service facilities; (b) Tipples; (c) Facilities used to load or unload bulk commodities; or (d) Inter-track fences on the centerline between tracks. (3) Structures, including platforms and tracks, constructed before July 28, 1953, may be maintained and extended at existing clearances, except that, whenever the structure is relocated or reconstructed, the clearance required by §D(1) of this regulation shall be provided. (4) Structures adjacent to curved tracks shall have additional side clearance to compensate for the track curvature, super-elevation, and car design. (5) Platforms. (a) Platforms constructed before July 28, 1953 with side clearances less than that required by this regulation may be extended at the existing clearances, provided the extension is not in connection with the reconstruction of the platform. (b) Platforms, except platforms 4 feet or less above the top of the rail and adjacent to main or passing tracks, may have clearances less than 8 feet 6 inches from the centerline of track on one side of the tracks only, if: (i) A clearance of 8 feet 6 inches is maintained on the opposite side of the track; or (ii) The distance from track center to adjacent track is at least 13 feet 6 inches. (c) Passenger platforms more than 8 inches but not more than 4 feet above the top of the rail shall be at least 5 feet 7 inches from the centerline of track. (d) Passenger platforms 8 inches or less above the top of the rail shall be at least 5 feet 1 inch from the centerline of track. (6) At entrances to and inside of warehouses and industrial buildings, side clearances, other than for platforms, shall be at least 8 feet from the centerline of track. (7) Switchboxes, switch-operating mechanisms, and accessories necessary to control and operate signals and interlockers, which project 4 inches or less above the top of the rail, shall be at least 3 feet from the centerline of track. (8) When it is not practicable to provide clearances otherwise required by this regulation, the center spindle of signal and switch stands 3 feet or less above the top of the rail, located between tracks, shall be at least 6 feet from the center line of track. (9) Through bridges, tunnels, water columns, and oil columns shall be at least 8 feet from the centerline of track. (10) Clearances for through bridges, clearances for water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, and clearances for handrails, water barrels, water columns, oil columns, block signals, and stock chutes, when all or portions of them are 4 feet or less above the top of the rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and 5 feet distant laterally from the centerline of track to a point 4 feet above the top of the rail and 8 feet distant laterally from the centerline of track. (11) The minimum clearance for handrails and water barrels on bridges with walkways shall be 7 feet 9 inches. (12) The lesser clearances for handrails and water barrels authorized in §D(10) of this regulation do not apply to through bridges if the work of trainmen or yardmen requires them to be on the deck of the bridge to couple and uncouple cars on a switching lead. E. Overhead and Side Clearance—Exceptions. (1) The overhead and side clearances required by this regulation may be decreased to the extent defined by a straight line extending diagonally downward from a point 4 feet from the centerline of track at 22 feet above the top of the rail, to a point 8 feet 6 inches from the centerline of track at 15 feet 3 inches above the top of the rail. (2) For tracks located at the entrance to and within a building, overhead and side clearances may be decreased to the extent defined by a straight line extending diagonally downward from a point 4 feet from the centerline of track at 18 feet above the top of the rail, to a point 8 feet from the centerline of track at 14 feet above the top of the rail. (3) Canopies at one side of the track at freight platforms may be constructed 4 feet or more from the centerline of track, if: (a) The height of the canopy is at least 17 feet 6 inches above the top of the rail; and (b) Either of the following apply: (i) Clearance of 8 feet 6 inches is maintained on the opposite side of the track from the canopy; or (ii) The distance from track center to adjacent track is not less than 13 feet 6 inches. F. Clearance Between Parallel Tracks. (1) Except as otherwise provided in this regulation, the minimum distance between the centerlines of parallel track shall be as follows: (a) Two parallel main tracks --- 4 feet; (b) Yard and side tracks --- 13 feet, 6 inches; (c) Track other than main or passing track, which is parallel to main or passing track --- 15 feet; (d) Where passing track is at least 15 feet from main track, other track adjacent to passing track --- 13 feet, 6 inches; (e) Two parallel ladder tracks --- 19 feet; (f) Ladder track parallel to other track --- 18 feet; (g) Team, house, and industry track --- 13 feet; (2) Tracks constructed before July 28, 1953 may be extended without increasing distances between tracks. G. Other Conditions and Obstructions Adjacent to Tracks. (1) Merchandise, material, or other articles may not be permitted to remain adjacent to any track at a distance less than 8 feet 6 inches from the centerline of track. (2) A line or other marker shall be maintained at a distance of 8 feet 6 inches from the centerline of track, on all platforms except passenger platforms, to indicate the space which shall be kept clear. (3) The space between tracks ordinarily used as a walkway by train and yardmen and other employees in the discharge of their duties, and the space beside those tracks within 8 feet 6 inches of the centerline of track, shall be kept in a reasonably suitable condition for that purpose. H. Compliance. Except as provided in this regulation, a railroad company may not operate or permit to be operated any car, train, locomotive, or other equipment over its own tracks, or industrial tracks directly or indirectly connected with its own tracks, if: (1) Overhead or side clearances or clearances between tracks are less than the minimum prescribed in this regulation; and (2) After July 28, 1953, tracks or structures adjacent to tracks are constructed or reconstructed by: (a) The railroad company; or (b) Others, if the railroad company has the right to control the construction or reconstruction. #### Regulation .05 Track Safety Standards. *COMAR 09.12.91.05* A. The standards relating to Railroad Safety and Health: Track Safety Standards, as published in 49 CFR Part 213, §§213.1—213.241 and Appendices A and B, are incorporated by reference. B. The amendments to the track safety standards as published in 47 FR 39401—39404 (September 7, 1982), 48 FR 35883 (August 8, 1983), and 49 FR 1988 (January 17, 1984) are incorporated by reference. C. In the federal standards incorporated by reference by this regulation, the designations “Federal Railroad Administrator” and “Federal Railroad Administration” are amended to mean “Commissioner of Labor and Industry”. #### Regulation .06 Report of Railroad Accident. *COMAR 09.12.91.06* A. “Promptly”, for accident reporting purposes, means within 3 hours. B. Every railroad company operating a railroad in this State shall report, in writing or orally, to the Commissioner, promptly after the occurrence of an accident resulting in a serious injury or fatality to any person, or damage to property exceeding the sum determined by federal regulation, incurred during the operation of the railroad in the State. C. The report shall include: (1) Caller's name and title; (2) Date and time of the report; (3) Railroad name and subdivision or route segment; (4) Date, time, and location of the accident; (5) Nature of accident, such as derailment, collision, public or private road crossing accident, or fire; (6) Severity of the accident, including: (a) Number of persons injured or killed; and (b) Number of cars or units derailed; (7) Whether hazardous material is involved; and (8) Telephone number where additional information may be obtained. #### Regulation .07 Posting of Citations. *COMAR 09.12.91.07* A. Place of Posting. (1) Except as otherwise provided by this regulation, upon receipt of a citation issued under the Railroad Safety and Health Act, Labor and Employment Article, Title 5.5, Annotated Code of Maryland, a railroad company shall immediately post the citation, or a copy of it, at or near each place a violation alleged in the citation occurred. (2) If a citation posted at or near a place of alleged violation would not be readily visible to affected employees, the railroad company shall post the citation in a place or places where it will be readily visible to affected employees. B. The railroad company shall: (1) Post the citation or copy unedited; and (2) Ensure that, while posted, the citation or copy is not altered, defaced, or covered by other material. C. Duration of Posting. (1) If the railroad company does not file a notice of intention to contest a citation, the citation shall remain posted for the longer of: (a) The period until the violation has been abated; or (b) Three working days. (2) If the railroad company files a notice of intention to contest a citation, the citation shall remain posted until the Commissioner of Labor and Industry issues a final order: (a) Vacating the citation; or (b) Affirming the citation, and the violation has been abated. D. Contested Citation. (1) A railroad company that has filed a notice of intention to contest a citation may post a copy of the notice at each location where the citation is posted. (2) The notice in §D(1) may: (a) Explain the reasons for the contest; and (b) Specify the steps that have been taken to abate the violation.