<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 09.12.50.02" title_num="09" subtitle_num="12" chapter_num="50" heading="General.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Application.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For industrialized buildings approved by an approved testing facility under COMAR 09.12.52 after the effective date of these regulations:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The approved testing facility shall state in its approval letter to the Department and the manufacturer of the building:</text>
        <paragraph num="(i)">
          <text>(text unchanged)</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Department encourages home builders to construct new high performance homes.</text>
  </paragraph>
</regulation>