Chapter 01. General Regulations
Regulation .01 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Approved continuing education” means courses of study or programs of instruction in an area of marine construction and related subjects that are designed to improve, advance, or extend professional skill and knowledge relating to the practices of a marine contractor and that are approved by the Board in accordance with the requirements of this subtitle.
(2)
“Board” means the Marine Contractors Licensing Board.
(3)
“Credit hour” means the amount of time, usually 1 hour per 50 minutes of instruction, that is accredited by the Board or the institution sponsoring the continuing education.
(4)
“Entity” means a business with its principal office in the State that employs more than one individual and provides marine contractor services in the State.
(5)
“Gross negligence” means an intentional failure of a licensee or applicant for a license to perform an action or inaction as expected by the profession under the same circumstances, in reckless disregard of the consequences as affecting the life or property of another.
(6)
“Hours of approved continuing education” means the value given by the Board for participation in continuing education.
(7)
“Incompetence” means an action or inaction by a licensee or an applicant for a license which demonstrates a general lack of knowledge or ability to perform marine contractor services.
(8)
“License” means a professional license issued by the Board under this subtitle to an individual or entity to perform marine contractor services in the State.
(9)
“License renewal period” means the 24-month period immediately preceding the expiration date of the license.
(10)
“Licensed marine contractor” means an individual or entity that has received a license from the Board to perform marine contractor services.
(11)
“Licensee” means licensed marine contractor.
(12)
Marine Contractor Services.
(a)
“Marine contractor services” means construction, demolition, installation, alteration, repair, or salvage activities located in, on, or under State or private tidal wetlands.
(b)
“Marine contractor services” includes:
(i)
Dredging and filling;
(ii)
The construction, demolition, installation, alteration, repair, or salvage of structures, including boathouses, boat or other personal watercraft lifts or ramps, slips, docks, floating platforms, moorings, piers, pier access structures, pilings, wetland observation platforms, wetland walkways, and wharfs;
(iii)
The construction, demolition, installation, alteration, repair, or salvage of stabilization and erosion control measures, including revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh establishments, and beach nourishment or other similar projects; and
(iv)
Activities that require authorization under Environment Article, Title 16, Annotated Code of Maryland.
(13)
“Misconduct” means an action or inaction by a licensee or an applicant for a license that is deficient from the action or inaction expected by the profession under the same circumstances.
(14)
“Representative member” means the individual member of an entity appointed for the purposes of submitting an application for a license on behalf of the entity.
(15)
“Similar contractor experience” means construction, demolition, installation, alteration, repair, or salvage activities located above the mean hide tide and requiring authorization from the Department, in accordance with Environment Article, Title 5, Subtitles 5 and 9, Annotated Code of Maryland.
(16)
Solicit to Perform.
(a)
“Solicit to perform” means to try to obtain either directly or indirectly a job from a customer or potential customer to perform marine contractor services.
(b)
“Solicit to perform” does not include responding to a request for a proposal or a bid solicitation issued by an agency of the federal, State, or local government or a general contractor.
Regulation .02 License Required; Exceptions.LinkCopy Citation
A.
Except as provided in §B of this regulation, a person shall be licensed by the Board as a marine contractor or be employed by an individual or entity that is licensed by the Board before the individual or entity may:
(1)
Perform marine contractor services in the State; or
(2)
Solicit to perform marine contractor services in the State.
B.
Exceptions.
(1)
An individual who is employed by an agency of the federal government or the State may perform marine contractor services while in the performance of the duties of their employment without having to obtain a license from the Board.
(2)
A residential or commercial property owner may perform marine contractor services on the property owner’s own property without having to obtain a license from the Board.
(3)
An individual who performs marine contractor services while in the performance of the duties of their employment on behalf of a county or municipality in the State is not required to pay a fee for the issuance or renewal of a license or a test administered by the Board.
(4)
An individual who performs marine contractor services while in the performance of the duties of their employment on behalf of a county or municipality in the State may do so without having to obtain a license from the Board if the individual is performing marine contractor services that:
(a)
Would present a de minimis risk to human health or the environment;
(b)
Do not require a federal or State permit; and
(c)
If the marine contract services involve an existing structure, except a shore erosion control structure, do not increase the footprint of the structure.
Regulation .03 Qualifications and Licensure.LinkCopy Citation
A.
The Board may not issue a license to an applicant whose trade or fictitious name or trademark is so similar to that used by another licensed marine contractor that the public may be confused or misled by the similarity.
B.
Except as provided in §A of this regulation, the Board shall license an applicant if the applicant:
(1)
Submits an application for a license on the form required by the Board;
(2)
Is eligible to take the examination as provided in §D of this regulation;
(3)
Takes and passes the written marine contractor examination for the appropriate license category, as recognized by the Board;
(4)
Provides the Board with satisfactory evidence that the liability insurance and workers’ compensation insurance requirements of COMAR 26.28.02.01B have been satisfied;
(5)
Has a federal tax identification number;
(6)
If applicable, submits satisfactory evidence of the resolution of any acts which may subject the applicant to disciplinary action under COMAR 26.28.04; and
(7)
Pays the required license issuance fee.
C.
Either an individual or an entity may apply for a license.
D.
An applicant is eligible to take the examination if the applicant has at least 2 years of approved experience as a full-time marine contractor or demonstrates similar contractor experience as documented in the application and accepted by the Board. An applicant shall demonstrate the necessary experience in marine contractor services relevant to and included in the license category for which they are applying, in accordance with COMAR 26.28.01.05.
E.
If the applicant is an entity, the entity shall appoint a member of the entity as the representative member to make the application and take the examination on behalf of the entity.
Regulation .04 Scope of License to Entity.LinkCopy Citation
While a license to an entity is in effect, a licensed entity may:
A.
Employ individuals who are not licensed marine contractors to provide marine contractor services to the public on behalf of the licensed marine contractor entity; and
B.
Represent itself to the public as a licensed marine contractor entity.
Regulation .05 License Categories.LinkCopy Citation
A.
General.
(1)
A license issued by the Board only authorizes the performance or solicitation of marine contractor services as described by the applicable license category.
(2)
Any licensed marine contractor that performs, or solicits to perform, marine contractor services outside the scope of their applicable license category shall be considered to be performing marine contractor without a license, and subject to disciplinary action by the Board, pursuant to COMAR 26.28.04.01A.
B.
License Categories.
(1)
Category 1: Heavy Marine Construction. This license category is suitable for contractors who perform, or solicit to perform, the following marine contractor services:
(a)
Bridges and highways, large scale commercial development, commercial dredging, cargo and naval wharfs, beach renourishment, heavy salvage, and any other large scale marine services, as approved by the Board.
(b)
Marine contractors licensed under Category 1 may also perform any of the marine contractor services authorized under Categories 2, 3, and 4 of this section.
(2)
Category 2: Residential and Commercial Marine Construction. This license category is suitable for contractors who perform, or solicit to perform, the following marine contractor services:
(a)
Piers, docks, wharfs, marinas, boathouses, pile driving, moorings, boat lifts, floating docks, riprap revetments, bulkheads, weirs, seawalls, boat ramps, living shorelines, beach nourishment, dunes, dredging, salvage, and any other medium to small scale marine contractor services, as approved by the Board.
(b)
Marine contractors licensed under Category 2 may also perform any of the marine contractor services authorized under Categories 3 and 4 of this section.
(3)
Category 3: Limited Marine Construction. This license category is suitable for contractors who only perform, or solicit to perform, a limited subset of the marine contractor services listed in Category 2. A Category 3 License only authorizes the specific marine contractor services identified in the license, as issued by the Board.
(4)
Category 4: Incidental Marine Contractor Services. This license category is suitable for contractors who perform, or solicit to perform, the following marine contractor services: directional boring, aquaculture, submerged aquatic vegetation and wetland grass planting, and any other related marine contractor services, as approved by the Board.
Regulation .06 Duration of License.LinkCopy Citation
A.
A license is valid for 2 years from the date of issuance.
B.
A license is invalid after the expiration date of the current license, if not renewed in accordance with the requirements of COMAR 26.28.02.06.
C.
An expired license may not be reinstated, and the former licensee shall meet the qualifications for a new license as described in Regulation .03 of this chapter.
Regulation .07 Identification of Licensed Marine Contractor.LinkCopy Citation
A.
The Board shall provide each licensed marine contractor with a license that includes the:
(1)
License category;
(2)
Name of the licensed marine contractor;
(3)
License number;
(4)
Address of the principal office and each branch office, if the licensee is an entity;
(5)
Issuance date of the license;
(6)
Expiration date of the license; and
(7)
Representative member, if the licensee is an entity.
B.
License Number.
(1)
A licensed marine contractor shall include the license number:
(a)
In all advertising related to the provision of marine contractor services; and
(b)
On all large equipment used in the course of the licensee’s work as a marine contractor.
(2)
The license number shall be set out in at least 3-inch block lettering.
Regulation .08 Other Authorizations Required.LinkCopy Citation
A license under this subtitle does not allow a licensed marine contractor to perform any work in, on, or under State or private tidal wetlands for which all required authorizations have not been obtained, including authorization under Environment Article, Title 16, Annotated Code of Maryland.
Chapter annotations
Authority: Environment Article, Title 17, Subtitles 1—5, Annotated Code of Maryland
History: Effective date: March 18, 2024 (51:5 Md. R. 233)