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09.12.01.00.htm 09.12.01.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 01 Board of Boiler Rules Authority: Public Safety Article, Title 12, Annotated Code of Maryland Ch. 351, Acts of 2004
09.12.01.01.htm 09.12.01.01. 01 Definitions.. 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
09.12.01.01-1.htm 09.12.01.01-1. 01-1 Incorporation by Reference.. A. The following documents are incorporated by reference to the extent that they are referenced in this chapter:1) ASME Boiler and Pressure Vessel Code:. a) 1986 ASME Boiler and Pressure Vessel Code;. b) 1989 ASME Boiler and Pressure Vessel Code;. c) 1992 ASME Boiler and Pressure Vessel Code;. d) 1995 ASME Boiler and Pressure Vessel Code and 1995 Addenda; and. e) 1998 ASME Boiler and Pressure Vessel Code, together with the:.
09.12.01.01-2.htm 09.12.01.01-2. 01-2 Compliance.. 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.
09.12.01.02.htm 09.12.01.02. 02 Access and Egress.. 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:
09.12.01.03.htm 09.12.01.03. 03 Air and Ventilation.. 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.
09.12.01.04.htm 09.12.01.04. 04 Equipment.. 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, andii) Located to supply the necessary feedwater;.
09.12.01.05.htm 09.12.01.05. 05 Factor of Safety-Increase for Existing Installation.. 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.
09.12.01.06.htm 09.12.01.06. 06 Fired Jacketed Steam Kettle.. 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;.
09.12.01.07.htm 09.12.01.07. 07 Gas-Fired Installations.. 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..
09.12.01.08.htm 09.12.01.08. 08 Hazardous Condition.. 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.
09.12.01.09.htm 09.12.01.09. 09 Hearings.. 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:
09.12.01.10.htm 09.12.01.10. 10 Heating Boiler ― Existing Installation: Maximum Allowable Working Pressure. 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
09.12.01.11.htm 09.12.01.11. 11 Heating Boiler ― Existing Installation: Safety Valve.. 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
09.12.01.12.htm 09.12.01.12. 12 Heating Boiler ― Existing Installation: Miscellaneous.. 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,. iii) Safety relief valve,.
09.12.01.13.htm 09.12.01.13. 13 Hot Water Boiler-Existing Installation: Safety Relief Valve.. 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:. b) Automatically reseating; and. c) Set to relieve at or below the maximum allowable working pressure of the boiler..
09.12.01.14.htm 09.12.01.14. 14 Inspection Intervals.. 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 certif
09.12.01.14-1.htm 09.12.01.14-1. 14-1 Inspection.. 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
09.12.01.15.htm 09.12.01.15. 15 Inspection Certificate.. 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:
09.12.01.16.htm 09.12.01.16. 16 Inspector.. 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
09.12.01.16-1.htm 09.12.01.16-1. 16-1 Authorized Inspection Agency Insurance Requirements.. 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 $1
09.12.01.17.htm 09.12.01.17. 17 Installation.. 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:
09.12.01.18.htm 09.12.01.18. 18 Lap-Seam Crack.. 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..
09.12.01.19.htm 09.12.01.19. 19 Portable Boilers and Pressure Vessels.. 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..
09.12.01.20.htm 09.12.01.20. 20 Power Boiler ― Existing Installation: Age Limit.. 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:
09.12.01.21.htm 09.12.01.21. 21 Power Boiler ― Existing Installation: Boiler Feed System.. 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 va
09.12.01.22.htm 09.12.01.22. 22 Power Boiler ― Existing Installation: Maximum Allowable Working Pressure.. 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:
09.12.01.23.htm 09.12.01.23. 23 Power Boiler ― Existing Installation: Other Equipment.. 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 open
09.12.01.24.htm 09.12.01.24. 24 Power Boiler ― Existing Installation: Safety Valve.. 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:.
09.12.01.25.htm 09.12.01.25. 25 Power Boiler ― Existing Installation: Miscellaneous.. 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..
09.12.01.26.htm 09.12.01.26. 26 Pressure Vessel ― Existing Installation.. 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; and2) 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 det
09.12.01.27.htm 09.12.01.27. 27 Repair.. 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 Chi
09.12.01.28.htm 09.12.01.28. 28 Reporting Requirements.. 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;.
09.12.01.28-1.htm 09.12.01.28-1. 28-1 Record Keeping.. 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; andB. For the life of the boiler or pressure vessel..
09.12.01.28-2.htm 09.12.01.28-2. 28-2 Database Report of Boilers and Pressure Vessels.. 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:
09.12.01.28-3.htm 09.12.01.28-3. 28-3 Quality Assurance Program.. 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.
09.12.01.29.htm 09.12.01.29. 29 Safety Appliance Removal.. 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
09.12.01.30.htm 09.12.01.30. 30 Stamping.. 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.
09.12.01.31.htm 09.12.01.31. 31 Variance from Regulation.. 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:.
09.12.01.32.htm 09.12.01.32. 32 Vacant.
09.12.01.33.htm 09.12.01.33. 33 Model Steam Boilers.. 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 suspende
09.12.01.34.htm 09.12.01.34. 34 Historic Boilers.. 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 ha
09.12.01.35.htm 09.12.01.35. 35 Citations.. 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
09.12.01.36.htm 09.12.01.36. 36 Penalties.. 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..
09.12.01.37.htm 09.12.01.37. 37 Miniature Boilers.. 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; and2) A lockable service disconnect.. B. Control and safety devices for miniature boilers shall comply with:.
09.12.01.38.htm 09.12.01.38. 38 Kitchen Equipment Boilers.. 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; and2) A lockable service disconnect..
09.12.01.9999.htm 09.12.01.9999. Administrative History Effective date: October 15, 1975 (2:23 Md. R. 1414). Regulation .02CC amended and .02DD repealed effective June 1, 1982 (9:8 Md. R. 821). Regulation .02PP amended effective November 4, 1985 (12:22 Md. R. 2103). Regulations .07―08 adopted effective November 4, 1985 (12:22 Md. R. 2103) ―. Regulations .01―08 repealed and new Regulations .01―32 adopted effective June 1, 1989 (16:10 Md. R. 1106)Regulation .01B amended effective September 1, 198
09.12.02.00.htm 09.12.02.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 02 Equal Pay for Equal Work Administrative History Effective date: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
09.12.03.00.htm 09.12.03.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 03―10 Vacant
09.12.11.00.htm 09.12.11.00. Title 09 DEPARTMENT OF LICENSING AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 11 Fee Charging Employment Agencies Authority: Business Regulation Article, §9-204, Annotated Code of Maryland
09.12.11.01.htm 09.12.11.01. 01 Definitions.. 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.
09.12.11.02.htm 09.12.11.02. 02 Out-of-State Agency.. 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.
09.12.11.03.htm 09.12.11.03. 03 Providing Copies of the Law.. An employment agency shall provide each general manager and counselor with a current copy of the employment agency law and regulations.
09.12.11.04.htm 09.12.11.04. 04 Contracts.. 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
09.12.11.05.htm 09.12.11.05. 05 Fee Statement.. 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..
09.12.11.06.htm 09.12.11.06. 06 Records.. 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;.
09.12.11.07.htm 09.12.11.07. 07 Third Party Representative.. 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..
09.12.11.08.htm 09.12.11.08. 08 Refunds.. 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.
09.12.11.09.htm 09.12.11.09. 09 Fee Payment.. 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
09.12.11.10.htm 09.12.11.10. 10 Prohibited Solicitations and Inducements.. 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; orB. An employer to discharge an employee placed by the employment agency..
09.12.11.11.htm 09.12.11.11. 11 Special Services Agreement.. 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..
09.12.11.12.htm 09.12.11.12. 12 Job Order Number.. 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..
09.12.11.13.htm 09.12.11.13. 13 Employment Counselor's License.. 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; andB. When acting in the capacity of an employment counselor, use only the name in which the license is issued.
09.12.11.14.htm 09.12.11.14. 14 Rules of Procedure for Hearings.. 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;.
09.12.11.9999.htm 09.12.11.9999. Administrative History Effective date:. Regulations .01―16 effective April 4, 1973. Regulations .02 and .05 repealed, and .04, .09, .16―18, and .22 amended effective February 13, 1984 (11:3 Md. R. 199)Regulations .17―22 effective April 16, 1975 (2:8 Md. R. 564). Regulation .22 amended effective September 14, 1977 (4:19 Md. R. 1467). Regulation .23 adopted effective September 14, 1977 (4:19 Md. R. 1467) ―. Chapter revised effective August 8, 1988 (15:16 Md. R. 1913).
09.12.12.00.htm 09.12.12.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 12―19 Vacant
09.12.20.00.htm 09.12.20.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.20.01.htm 09.12.20.01. 01 Definitions.. 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; andb) Each distinct activity, where distinctly separa
09.12.20.02.htm 09.12.20.02. 02 Posting Notice and Copies of the Act.. 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.
09.12.20.03.htm 09.12.20.03. 03 Inspection Procedures.. 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; andb) 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 i
09.12.20.04.htm 09.12.20.04. 04 Complaints by Employees.. 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.
09.12.20.05.htm 09.12.20.05. 05 Protection of Employees Under §5-604 of the Act.. 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.
09.12.20.06.htm 09.12.20.06. 06 Imminent Danger.. 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 a
09.12.20.07.htm 09.12.20.07. 07 Issuance of a Citation and Notice of De Minimis Violations.. 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"
09.12.20.08.htm 09.12.20.08. 08 Posting of Notices and Citations.. 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
09.12.20.09.htm 09.12.20.09. 09 Employer and Employee Contests.. 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 dire
09.12.20.10.htm 09.12.20.10. 10 Failure to Correct a Cited Violation.. 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
09.12.20.11.htm 09.12.20.11. 11 Informal Conferences.. 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 employee
09.12.20.12.htm 09.12.20.12. 12 Penalties.. 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 pursua
09.12.20.13.htm 09.12.20.13. 13 Hearings ― General.. 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 o
09.12.20.14.htm 09.12.20.14. 14 Hearings ― Prehearing Conference.. 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.
09.12.20.15.htm 09.12.20.15. 15 Hearings ― Conduct of Hearing.. 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;.
09.12.20.16.htm 09.12.20.16. 16 Hearings ― Determination and Review.. 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 Marylan
09.12.20.17.htm 09.12.20.17. 17 Variances.. 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 req
09.12.20.18.htm 09.12.20.18. 18 Adoption, Amendment, or Repeal of a Regulation.. 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..
09.12.20.19.htm 09.12.20.19. 19 Repealed..
09.12.20.20.htm 09.12.20.20. 20 Petition for Modification of Abatement Date.. 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 abate
09.12.20.21.htm 09.12.20.21. 21 Abatement Verification.. 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
09.12.20.9999.htm 09.12.20.9999. Administrative History Effective date: July 5, 1993 (20:13 Md. R. 1047). Regulation .03H adopted effective October 23, 2006 (33:21 Md. R. 1675). Regulation .05D adopted effective July 17, 2006 (33:14 Md. R. 1163). Regulation .07 amended effective February 25, 2008 (35:4 Md. R. 513). Regulation .08 amended effective October 23, 1995 (22:21 Md. R. 1615). Regulation .15A, E amended effective April 16, 2012 (39:7 Md. R. 490).
09.12.21.00.htm 09.12.21.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 21 Employee Injury and Illness Records and Reports Authority: Labor and Employment Article, §2-106(b)4) 5-312, and 5-702―5-704, Annotated Code of Maryland
09.12.21.01.htm 09.12.21.01. 01 Purpose.. A. 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.B. This chapter establishes partial exemptions for employers with ten or fewer employees and for establishments in certain industries.
09.12.21.02.htm 09.12.21.02. 02 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference.. B. Documents Incorporated.. 1) 29 CFR §1904.1 (2001). 2) 29 CFR §1904.2 (2014). 3) 29 CFR §1904.3 (2001). 4) 29 CFR §1904.4 (2001). 5) 29 CFR §1904.5 (2001). 6) 29 CFR §1904.6 (2001). 7) 29 CFR §1904.7 (2001). 8) 29 CFR §1904.8 (2001). 9) 29 CFR §1904.9 (2001). 10) 29 CFR §1904.10 (2002). 11) 29 CFR §1904.11 (2001). 12) 29 CFR §1904.29 (2003). 13) 29 CFR §1904.30 (2001).
09.12.21.03.htm 09.12.21.03. 03 Survey.. Upon receipt of an Occupational Injuries and Illnesses Survey form, an employer shall promptly complete and return the form in accordance with the instructions.
09.12.21.04.htm 09.12.21.04. 04 Variance Procedure for Record Keeping.. A. State or Local Government Employers. The Commissioner shall consider an application for variance from the record keeping and reporting requirements by a State or local government employer consistent with COMAR 09.12.20.17, and subject to the approval of the federal Occupational Safety and Health Administration.B. Private Sector Employers. MOSH may not issue a variance to a private sector employer and shall recognize all variances iss
09.12.21.9999.htm 09.12.21.9999. Administrative History Effective date: July 5, 1993 (20:13 Md. R. 1047). Regulation .09A amended effective January 15, 1996 (23:1 Md. R. 23). Regulation .09B amended effective August 29, 1994 (21:17 Md. R. 1439). Regulation .10 adopted effective June 30, 1997 (24:13 Md. R. 930) ―. 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)
09.12.22.00.htm 09.12.22.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.22.01.htm 09.12.22.01. 01 Purpose.. 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 infor
09.12.22.02.htm 09.12.22.02. 02 Scope and Application.. 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 empl
09.12.22.03.htm 09.12.22.03. 03 Definition.. 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,. v) Sex,.
09.12.22.04.htm 09.12.22.04. 04 Responsible Individuals.. 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 th
09.12.22.05.htm 09.12.22.05. 05 Written Access Orders.. 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
09.12.22.06.htm 09.12.22.06. 06 MOSH Use of Personally Identifiable Employee Medical Information.. 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 t
09.12.22.07.htm 09.12.22.07. 07 Security Procedures.. 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:
09.12.22.08.htm 09.12.22.08. 08 Retention and Destruction of Records.. 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 b
09.12.22.09.htm 09.12.22.09. 09 Results of Analysis Using Personally Identifiable Employee Medical Information.. 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.
09.12.22.10.htm 09.12.22.10. 10 Annual Report.. 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
09.12.22.11.htm 09.12.22.11. 11 Inter-Agency Transfer and Public Disclosure.. 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; or2) 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
09.12.22.9999.htm 09.12.22. Administrative History Effective date: July 5, 1993 (20:13 Md. R. 1047).
09.12.23.00.htm 09.12.23.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.23.01.htm 09.12.23.01. 01 Definitions.. 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;.
09.12.23.02.htm 09.12.23.02. 02 Exclusions.. 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
09.12.23.03.htm 09.12.23.03. 03 Employer Requirements.. 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.
09.12.23.04.htm 09.12.23.04. 04 Interpretation.. 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.
09.12.23.9999.htm 09.12.23.9999. Administrative History Effective date: August 1, 1994 (21:15 Md. R. 1304). 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)Regulation .01B amended effective February 9, 2009 (36:3 Md. R. 208) ―. 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 Cou
09.12.24.00.htm 09.12.24.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.24.01.htm 09.12.24.01. 01 Purpose.. 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.
09.12.24.02.htm 09.12.24.02. 02 Establishment.. 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..
09.12.24.03.htm 09.12.24.03. 03 Scope of Request.. 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.
09.12.24.04.htm 09.12.24.04. 04 Incorporation by Reference.. 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, "Cons
09.12.24.05.htm 09.12.24.05. 05 Recognition and Exemption.. 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, da
09.12.24.06.htm 09.12.24.06. 06 Pre-SHARP Status.. 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,
09.12.24.07.htm 09.12.24.07. 07 Participation in SHARP and Pre-SHARP.. 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 consult
09.12.24.08.htm 09.12.24.08. 08 Rate Calculations.. 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:
09.12.24.09.htm 09.12.24.09. 09 Sample Calculations.. 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:Year. Number of Employees. Hours Worked. Column H. Column I. Column J. 2005. 5. 10,000. 2004. 7. 14,000. 2003. 6. 12,000. 2002. 8. 16,000. 2) This data is used throughout the examples that follow.. B. Calculations.. 1) Annual Rate Formula Calculations (Year 2005). a) DART..
09.12.24.9999.htm 09.12.24.9999. Administrative History Effective date: February 13, 1995 (22:3 Md. R. 153). 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)Regulation .03 amended effective August 11, 2008 (35:16 Md. R. 1391). Regulation .05 amended effective August 11, 2008 (35:16 Md. R. 1391). Regulation .06 amended effective August 11, 2008 (35:16 Md. R. 1391).
09.12.25.00.htm 09.12.25.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.25.01.htm 09.12.25.01. 01 Scope.. This chapter applies to the steel erection activities set forth in 29 CFR §1926.750..
09.12.25.02.htm 09.12.25.02. 02 Requirements.. 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 prot
09.12.25.9999.htm 09.12.25.9999. Administrative History Effective date: June 25, 2001 (28:12 Md. R. 1105). Regulations .01―03 repealed and new Regulations .01, .02 adopted effective September 30, 2002 (29:19 Md. R. 1524)
09.12.26.00.htm 09.12.26.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 26 Crane Safety Authority: Labor and Employment Article, §2-106(b)4) 5-104, and 5-312, Annotated Code of Maryland
09.12.26.01.htm 09.12.26.01. 01 Purpose.. 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.
09.12.26.02.htm 09.12.26.02. 02 Scope.. 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:.
09.12.26.03.htm 09.12.26.03. 03 Definitions.. 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..
09.12.26.04.htm 09.12.26.04. 04 Incorporation by Reference.. 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 the
09.12.26.05.htm 09.12.26.05. 05 Drug and Alcohol Free Workplace and Substance Abuse Policy.. 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 empl
09.12.26.06.htm 09.12.26.06. 06 Crane Operator Requirements.. 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
09.12.26.07.htm 09.12.26.07. 07 Crane Operator Trainee Requirements.. 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 cert
09.12.26.08.htm 09.12.26.08. 08 Rigger and Rigging Requirements.. 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; and2) That the rigger is trained to satisfy the qualification requirements of this section at no cost t
09.12.26.09.htm 09.12.26.09. 09 Record Keeping.. 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 repr
09.12.26.10.htm 09.12.26.10. 10 Special Lifts.. 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 In
09.12.26.11.htm 09.12.26.11. 11 Tower Cranes.. 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:
09.12.26.9999.htm 09.12.26.9999. Administrative History Effective date: April 6, 2009 (36:7 Md. R. 522). Regulation .03B amended effective December 28, 2009 (36:26 Md. R. 1994). Regulation .04B amended effective December 28, 2009 (36:26 Md. R. 1994). Regulation .06B amended effective December 28, 2009 (36:26 Md. R. 1994). Regulation .08 amended effective December 28, 2009 (36:26 Md. R. 1994). Regulation .09 amended effective December 28, 2009 (36:26 Md. R. 1994).
09.12.27.00.htm 09.12.27.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.27.01.htm 09.12.27.01. 01 Scope.. This chapter applies to tower crane operators..
09.12.27.02.htm 09.12.27.02. 02 Definitions.. 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.
09.12.27.03.htm 09.12.27.03. 03 Tower Crane Operations.. To operate a tower crane, a crane operator is required to have a certificate of competence..
09.12.27.04.htm 09.12.27.04. 04 Written Notice of Violation.. 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.
09.12.27.9999.htm 09.12.27.9999. Administrative History Effective date: 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)
09.12.28.00.htm 09.12.28.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 28 Tree Care and Removal Authority: Labor and Employment Article, §2-106(b)4) 5-104, and 5-312; Annotated Code of Maryland
09.12.28.01.htm 09.12.28.01. 01 Purpose.. 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.
09.12.28.02.htm 09.12.28.02. 02 Scope.. 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.
09.12.28.03.htm 09.12.28.03. 03 Definitions.. 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 lin
09.12.28.04.htm 09.12.28.04. 04 Incorporation by Reference.. 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 Compon
09.12.28.05.htm 09.12.28.05. 05 General Requirements.. 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:
09.12.28.06.htm 09.12.28.06. 06 Work Practices.. 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;
09.12.28.07.htm 09.12.28.07. 07 Training.. 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..
09.12.28.9999.htm 09.12.28.9999. Administrative History Effective date: September 3, 2012 (39:17 Md. R. 1147).
09.12.29.00.htm 09.12.29.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 29―30 Vacant
09.12.31.00.htm 09.12.31.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 31 Maryland Occupational Safety and Health Regulations .01―09 ― Repealed ― See COMAR 09.12.20Note: Documents incorporated by reference by MOSH will continue to be cited under COMAR 09.12.31. A list of these documents follows the Administrative History.Administrative History Effective date: June 1, 1974. Regulations .01―07 amended effective January 13, 1978 (5:1 Md. R. 18).
09.12.32.00.htm 09.12.32.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 32 Maryland Occupational Safety and Health Standard for Occupational Exposure to Lead in Construction Work Repealed Administrative History Effective date: January 16, 1984 (11:1 Md. R. 43)Chapter recodified from COMAR 09.12.32C to 09.12.32 (13:11 Md. R. 1272). Chapter revised effective November 28, 1988 (15:24 Md. R. 2768).
09.12.33.00.htm 09.12.33.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.33.01.htm 09.12.33.01. 01 Purpose.. The requirements in this chapter supplement the provisions of Labor and Employment Article, § 5-401-5-410, Annotated Code of Maryland.
09.12.33.02.htm 09.12.33.02. 02 Chemical Information List.. 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;.
09.12.33.9999.htm 09.12.33.9999. Administrative History Effective date: November 25, 1985 (12:17 Md. R. 1705). Regulation .01 amended effective November 27, 1989 (16:23 Md. R. 2505). Regulation .02A amended effective November 27, 1989 (16:23 Md. R. 2505). Regulation .03C, D amended effective November 27, 1989 (16:23 Md. R. 2505). Regulation .04 amended effective November 27, 1989 (16:23 Md. R. 2505) ―. Regulations .01―05 repealed, new Regulation .01 adopted, and Regulation .06 recodified to be Regulat
09.12.34.00.htm 09.12.34.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 34 Maryland Occupational Safety and Health Standard for Chlordecone (Kepone) ― Repealed Administrative History Effective date: January 19, 1977 (4:2 Md. R. 87)Chapter recodified from COMAR 09.12.32A to 09.12.34 (13:11 Md. R. 1272). Chapter revised effective October 17, 1988 (15:21 Md. R. 2468). Chapter repealed effective July 5, 1993 (20:13 Md. R. 1048).
09.12.35.00.htm 09.12.35.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 35 Maryland Occupational Safety and Health Standard for Confined Spaces ― Repealed Administrative History Effective date: June 2, 1978 (5:11 Md. R. 883)Chapter recodified from COMAR 09.12.32B to 09.12.35 (13:11 Md. R. 1272). Chapter revised effective November 28, 1988 (15:24 Md. R. 2769). Regulation .01A amended effective July 5, 1993 (20:13 Md. R. 1048) ―.
09.12.36.00.htm 09.12.36.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.36.01.htm 09.12.36.01. 01 Scope.. This chapter applies to any agricultural establishment where employees perform hand-labor operations in the field.
09.12.36.02.htm 09.12.36.02. 02 Definitions.. 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; orc) Recruits and supervises employees or is respons
09.12.36.03.htm 09.12.36.03. 03 Requirements.. 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 t
09.12.36.9999.htm 09.12.36.9999. Administrative History Effective date: December 1, 1986 (13:24 Md. R. 2558). Regulation .02B amended effective October 15, 1988 (15:17 Md. R. 2048). Regulation .03C amended effective October 15, 1988 (15:17 Md. R. 2048). Regulation .03D amended effective October 15, 1988 (15:17 Md. R. 2048). Regulation .03F adopted effective October 15, 1988 (15:17 Md. R. 2048).
09.12.37.00.htm 09.12.37.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 37 Vacant
09.12.38.00.htm 09.12.38.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.38.01.htm 09.12.38.01. 01 Scope.. 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.
09.12.38.02.htm 09.12.38.02. 02 Definitions.. 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 p
09.12.38.03.htm 09.12.38.03. 03 Restricted Use.. 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 platfoB. When used, a personnel platform shall meet the applicable requirements of this chapter..
09.12.38.04.htm 09.12.38.04. 04 Operational Criteria.. 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 wit
09.12.38.05.htm 09.12.38.05. 05 Instruments and Components.. 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:
09.12.38.06.htm 09.12.38.06. 06 Personnel Platforms.. 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
09.12.38.07.htm 09.12.38.07. 07 Rigging.. 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
09.12.38.08.htm 09.12.38.08. 08 Trial Lift.. 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; andb) Performed immediately before placing employees on the platform.. 2) A trial lift may be performed at one time for all locations that are to
09.12.38.09.htm 09.12.38.09. 09 Prooftesting of Platform and Rigging.. 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:.
09.12.38.10.htm 09.12.38.10. 10 Certification Record.. 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..
09.12.38.11.htm 09.12.38.11. 11 Work Practices.. 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 fr
09.12.38.12.htm 09.12.38.12. 12 Traveling.. 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:.
09.12.38.13.htm 09.12.38.13. 13 Prelift Meeting.. 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.
09.12.38.9999.htm 09.12.38.9999. Administrative History Effective date: May 14, 1990 (17:9 Md. R. 1089).
09.12.39.00.htm 09.12.39.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 39 Lien for Unpaid Wages Authority: Labor and Employment Article, §3-1110, Annotated Code of Maryland
09.12.39.01.htm 09.12.39.01. 01 Definitions.. 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 inte
09.12.39.02.htm 09.12.39.02. 02 Notice of Claim for Unpaid Wages.. A. An employee shall serve his or her employer with the Notice to Employer of Intent to Claim Lien for Unpaid Wages on the form provided by the Commissioner of Labor and Industry at www.dllr.state.md.us or on a comparable form that contains the information specified in §B of this regulation.B. The form shall include the following:. 1) The name and address of the individual seeking a lien;.
09.12.39.03.htm 09.12.39.03. 03 Employer Complaint to Dispute Notice to Employer of Intent to Claim Lien for Unpaid Wages.. 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;
09.12.39.04.htm 09.12.39.04. 04 Wage Lien Statement.. 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; andE. A copy of a court order establishing the lien for unpaid wages if the lien for unpaid wages is established in a court.
09.12.39.05.htm 09.12.39.05. 05 Recording Lien.. 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.
09.12.39.9999.htm 09.12.39.9999. Administrative History Effective date: July 7, 2014 (41:13 Md. R. 751).
09.12.40.00.htm 09.12.40.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 40 Workplace Fraud Authority: Labor and Employment Article, §3-903(d) 3-904, 3-914, and 3-917, Annotated Code of Maryland
09.12.40.01.htm 09.12.40.01. 01 Scope.. This chapter applies to construction services and landscaping services..
09.12.40.02.htm 09.12.40.02. 02 Notice.. 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 emp
09.12.40.03.htm 09.12.40.03. 03 Record Keeping.. 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 registrati
09.12.40.04.htm 09.12.40.04. 04 Evidence of a Knowing Violation.. 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
09.12.40.05.htm 09.12.40.05. 05 Landscaping Illustrations.. 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 devel
09.12.40.06.htm 09.12.40.06. 06 Construction Illustrations.. 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 i
09.12.40.9999.htm 09.12.40.9999. Administrative History Effective date: November 2, 2009 (36:22 Md. R. 1723). Regulation .05 adopted effective February 22, 2010 (37:4 Md. R. 340). Regulation .06 adopted effective February 22, 2010 (37:4 Md. R. 340).
09.12.41.00.htm 09.12.41.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 41 Wage and Hour Law Authority: Labor and Employment Article, §2-106(c) and 3-410, Annotated Code of Maryland
09.12.41.01.htm 09.12.41.01. 01 Administrative Capacity.. Administrative capacity" has the meaning stated in 29 CFR §541.200 et seq..
09.12.41.02.htm 09.12.41.02. 02 Agriculture.. 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 f
09.12.41.03.htm 09.12.41.03. 03 Complaints.. Before the Commissioner of Labor and Industry initiates an investigation, the Commissioner may require the employee to submit a written complaint.
09.12.41.04.htm 09.12.41.04. 04 Directly and Closely Related.. Directly and closely related" has the meaning stated in 29 CFR §541.703 et seq..
09.12.41.05.htm 09.12.41.05. 05 Executive Capacity.. Executive capacity" has the meaning stated in 29 CFR §541.100 et seq..
09.12.41.06.htm 09.12.41.06. 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.
09.12.41.07.htm 09.12.41.07. 07 Food and Drink Establishment.. A. "Annual gross income". 1) Means the total of all receipts from all sales made during the preceding four calendar quarters; and2) 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;.
09.12.41.08.htm 09.12.41.08. 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.
09.12.41.09.htm 09.12.41.09. 09 Hotel or Motel.. 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 establishme
09.12.41.10.htm 09.12.41.10. 10 Hours of Work.. 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;.
09.12.41.11.htm 09.12.41.11. 11 Immediate Family.. 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.
09.12.41.12.htm 09.12.41.12. 12 Mechanic.. 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 prim
09.12.41.13.htm 09.12.41.13. 13 Outside Salesman.. Outside salesman" has the meaning stated in 29 CFR §541.500 et seq..
09.12.41.14.htm 09.12.41.14. 14 Overtime Compensation.. 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 exc
09.12.41.15.htm 09.12.41.15. 15 Packing.. Packing" means the physical operation by which a product or commodity is placed in a container which is then closed and sealed.
09.12.41.16.htm 09.12.41.16. 16 Partsman.. 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.
09.12.41.17.htm 09.12.41.17. 17 Professional Capacity.. Professional capacity" has the meaning stated in 29 CFR §541.300 et seq..
09.12.41.18.htm 09.12.41.18. 18 Reasonable Cost.. 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 a
09.12.41.19.htm 09.12.41.19. 19 Regular Hourly Rate.. 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.
09.12.41.20.htm 09.12.41.20. 20 Salesman.. 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 an
09.12.41.21.htm 09.12.41.21. 21 Work-Study Programs.. 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 t
09.12.41.22.htm 09.12.41.22. 22 Workweek.. Workweek" means a fixed and regularly recurring period of 168 consecutive hours beginning on any hour of the day.
09.12.41.23.htm 09.12.41.23. 23 Computer-Related Occupations: Exemptions from Minimum Wage and Overtime Compensation.. 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.
09.12.41.9999.htm 09.12.41.9999. Administrative History Effective date: August 14, 1974 (1:1 Md. R. 70). Regulations .01―16 repealed and new regulations .01―22 adopted effective December 17, 1984 (11:25 Md. R. 2132)Regulation .01 repealed and new Regulation .01 adopted effective February 13, 2006 (33:3 Md. R. 240). Regulation .04 repealed and new Regulation .04 adopted effective February 13, 2006 (33:3 Md. R. 240).
09.12.42.00.htm 09.12.42.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 42 Equal Employment Opportunity Authority: Labor and Employment Article, §11-405, Annotated Code of Maryland
09.12.42.01.htm 09.12.42.01. 01 Scope and Purpose.. 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 a
09.12.42.02.htm 09.12.42.02. 02 Definitions.. 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 emp
09.12.42.03.htm 09.12.42.03. 03 Equal Opportunity Standards.. 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;
09.12.42.04.htm 09.12.42.04. 04 Affirmative Action Plans.. 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 an
09.12.42.05.htm 09.12.42.05. 05 Selection of Apprentices.. 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
09.12.42.06.htm 09.12.42.06. 06 Existing List of Eligibles and Public Notice.. 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 u
09.12.42.07.htm 09.12.42.07. 07 Records.. 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 te
09.12.42.08.htm 09.12.42.08. 08 Compliance Reviews.. 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
09.12.42.09.htm 09.12.42.09. 09 Noncompliance with Federal and State Equal Opportunity Requirements.. 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
09.12.42.10.htm 09.12.42.10. 10 Complaint Procedure.. 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 s
09.12.42.11.htm 09.12.42.11. 11 Adjustments in Schedule for Compliance Review or Complaint Processing.. 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.
09.12.42.12.htm 09.12.42.12. 12 Sanctions.. 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.
09.12.42.13.htm 09.12.42.13. 13 Reinstatement of Program Registration.. 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.
09.12.42.14.htm 09.12.42.14. 14 Hearings.. 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;.
09.12.42.15.htm 09.12.42.15. 15 Intimidatory or Retaliatory Acts.. 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
09.12.42.16.htm 09.12.42.16. 16 Nondiscrimination.. 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.
09.12.42.17.htm 09.12.42.17. 17 Exemptions.. 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, Licensing, and Regulation 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.
09.12.42.9999.htm 09.12.42.9999. Administrative History Effective date: September 1, 1971. Chapter revised effective September 8, 1978 (5:18 Md. R. 1387). 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) ―Chapter revised effective December 21, 1992 (19:25 Md. R. 2208) ―. Chapter recodified from COMAR 24.04.01 to COMAR 09.12.42, May 1996.
09.12.43.00.htm 09.12.43.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 43 Maryland Apprenticeship and Training Authority: Labor and Employment Article, §11-405, Annotated Code of Maryland
09.12.43.01.htm 09.12.43.01. 01 Scope and Purpose.. 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
09.12.43.02.htm 09.12.43.02. 02 Definitions.. 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 a
09.12.43.03.htm 09.12.43.03. 03 Eligibility and Procedure for Registration.. 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 requir
09.12.43.04.htm 09.12.43.04. 04 Criteria for an Apprenticeable Occupation.. 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 skill
09.12.43.05.htm 09.12.43.05. 05 Standards of an Apprenticeship Program.. 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
09.12.43.06.htm 09.12.43.06. 06 Certificate of Completion of Apprenticeship.. 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.
09.12.43.07.htm 09.12.43.07. 07 Apprenticeship Agreement.. 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;.
09.12.43.08.htm 09.12.43.08. 08 Standards for Hours of Work, Working Conditions, and Related Instruction Facilities.. 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
09.12.43.09.htm 09.12.43.09. 09 Responsibilities of the Sponsor.. 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 instructio
09.12.43.10.htm 09.12.43.10. 10 Apprenticeship Training.. 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
09.12.43.11.htm 09.12.43.11. 11 Records and Reports.. 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, T
09.12.43.12.htm 09.12.43.12. 12 Financial Aspects of the Program Sponsor.. The Council shall have reasonable proof and assurance that the program sponsor has adequate financial means to ensure the successful completion of the apprenticeship.
09.12.43.13.htm 09.12.43.13. 13 Inactive Program Status.. 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; or2) After a 1-year period,
09.12.43.14.htm 09.12.43.14. 14 Deregistration of a Registered Program.. 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.
09.12.43.15.htm 09.12.43.15. 15 Request for Cancellation of Registration.. 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:.
09.12.43.16.htm 09.12.43.16. 16 Formal Deregistration.. 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 sp
09.12.43.17.htm 09.12.43.17. 17 Deregistration of Defunct Programs.. 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 eff
09.12.43.18.htm 09.12.43.18. 18 Reinstatement of Program Registration.. 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.
09.12.43.19.htm 09.12.43.19. 19 Hearings.. 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;.
09.12.43.20.htm 09.12.43.20. 20 Limitation.. 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; orB. 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.
09.12.43.21.htm 09.12.43.21. 21 Complaints.. 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 rep
09.12.43.22.htm 09.12.43.22. 22 Waiver.. 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.
09.12.43.9999.htm 09.12.43.9999. Administrative History Effective date: April 16, 1975 (2:8 Md. R. 565). 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 24.04.02Chapter revised effective December 21, 1992 (19:25 Md. R. 2208). Chapter recodified from COMAR 24.04.02 to COMAR 09.12.43, May 1996. Regulation .07 amended effective August 24, 1998 (25:17 Md. R. 1359) ―. Regulations .01―19 repeal
09.12.44.00.htm 09.12.44.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 44 Vacant
09.12.45.00.htm 09.12.45.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.45.01.htm 09.12.45.01. 01 Resident Agent.. 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..
09.12.45.02.htm 09.12.45.02. 02 Security to Assure Compliance.. 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;.
09.12.45.03.htm 09.12.45.03. 03 Vehicle Liability Insurance.. 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:12 or less passengers. More than 12 passengers. Limit for bodily injuries to or death of one person. 100,000. Limit for bodily injuries to or death of all persons injured or killed in any one accident (subject
09.12.45.04.htm 09.12.45.04. 04 Citations.. 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;.
09.12.45.9999.htm 09.12.45.9999. Administrative History Effective date: May 20, 1985 (12:10 Md. R. 960). Regulation .02 amended effective March 2, 1992 (19:4 Md. R. 472). Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 472). Regulation .05A, B, and D amended effective March 2, 1992 (19:4 Md. R. 472). Regulation .06C amended effective March 2, 1992 (19:4 Md. R. 472). Regulation .07 adopted effective March 2, 1992 (19:4 Md. R. 472) ―. Chapter revised effective September 3, 2012 (39:17 Md. R. 1148).
09.12.46.00.htm 09.12.46.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 46―49 Vacant
09.12.50.00.htm 09.12.50.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 BUILDING AND MATERIAL CODES Chapter 50 Model Performance Code Authority: Public Safety Article, §12-201(f) Annotated Code of Maryland
09.12.50.01.htm 09.12.50.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of Labor, Licensing, and Regulation.. 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..
09.12.50.02.htm 09.12.50.02. 02 General.. 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 bui
09.12.50.02-1.htm 09.12.50.02-1. 02-1 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference, except as modified in Regulation .03 of this chapter.B. Documents Incorporated.. 1) International Building Code (International Code Council) which is incorporated by reference in COMAR 09.12.51.04A(1)2) 2018 International Plumbing Code (International Code Council). 3) National Electric Code, 2017 Edition (NFPA 70). 4) International Residential Code for One- and Two
09.12.50.03.htm 09.12.50.03. 03 Model Performance Code.. A. The standards incorporated by reference in Regulation .02-1 of this chapter, and modified as follows, constitute the Model Performance Code for building construction in the State:1) For industrialized building construction:. a) International Building Code with the following modifications:. i) Chapter 1. Delete Section 101.2.1 Appendices and replace with the following:. 101.2.1 Appendices: All the provisions in the Appendices are adopted as par
09.12.50.04.htm 09.12.50.04. 04 Modifications to Model Performance Code.. 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
09.12.50.05.htm 09.12.50.05. 05 Appeals of Code Interpretations or Applications.. 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, th
09.12.50.06.htm 09.12.50.06. 06 Code Improvements.. Any recommendations for changes to improve these regulations should be submitted to the Secretary with an explanation of the modification desired.
09.12.50.07.htm 09.12.50.07. 07 Training and Certification of Building Inspectors.. 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.
09.12.50.9999.htm 09.12.50.9999. Administrative History Effective date: April, 1973. Regulation .01 amended effective December 30, 1985 (12:26 Md. R. 2542). Regulation .02C adopted effective December 30, 1985 (12:26 Md. R. 2542). 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)Regulations .04 and .05 amended effective November 3, 1978 (5:22 Md. R. 1671).
09.12.51.00.htm 09.12.51.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 BUILDING AND MATERIAL CODES 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
09.12.51.01.htm 09.12.51.01. 01 Title.. This chapter shall be known and may be cited as the Maryland Building Performance Standards Regulations.
09.12.51.02.htm 09.12.51.02. 02 Purpose and Scope.. 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
09.12.51.03.htm 09.12.51.03. 03 Definitions.. 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 far
09.12.51.04.htm 09.12.51.04. 04 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference:. 1) 2018 International Building Code (International Code Council). 2) 2018 International Residential Code for One- and Two-Family Dwellings (International Code Council)3) 2018 International Energy Conservation Code (International Code Council) and. 4) 2012 International Green Construction Code (International Code Council, 500 New Jersey Avenue, N. W. 6th Floor, Washington
09.12.51.05.htm 09.12.51.05. 05 Maryland Building Performance Standards.. 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..
09.12.51.06.htm 09.12.51.06. 06 Application of the Standards.. 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, §12-50
09.12.51.07.htm 09.12.51.07. 07 Utilization of Standards.. 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;
09.12.51.08.htm 09.12.51.08. 08 Enforcement of the Standards.. Enforcement of the Standards shall be the responsibility of the local jurisdiction in which the building or structure is located.
09.12.51.09.htm 09.12.51.09. 09 Enforcement of State Fire Code Requirements.. 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.
09.12.51.9999.htm 09.12.51.9999. Administrative History Effective date:. 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)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)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
09.12.52.00.htm 09.12.52.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 BUILDING AND MATERIAL CODES Chapter 52 Industrialized Buildings and Manufactured Homes Authority: Public Safety Article, §12-305, Annotated Code of Maryland
09.12.52.01.htm 09.12.52.01. 01 Authority and Scope.. 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.
09.12.52.02.htm 09.12.52.02. 02 Definitions.. 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 th
09.12.52.03.htm 09.12.52.03. 03 Enforcement Generally.. 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 appe
09.12.52.04.htm 09.12.52.04. 04 Enforcement in Localities.. 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 ship
09.12.52.05.htm 09.12.52.05. 05 Variance from Regulations.. 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
09.12.52.06.htm 09.12.52.06. 06 Requirements.. 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 wi
09.12.52.07.htm 09.12.52.07. 07 Reference Standards.. 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.
09.12.52.08.htm 09.12.52.08. 08 Energy Conservation Standards.. 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.
09.12.52.09.htm 09.12.52.09. 09 Application for Plan Approval by Manufacturers.. 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 compli
09.12.52.10.htm 09.12.52.10. 10 Label.. 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. T
09.12.52.11.htm 09.12.52.11. 11 State Certification Insignias.. 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, addi
09.12.52.12.htm 09.12.52.12. 12 Fees.. 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 befo
09.12.52.13.htm 09.12.52.13. 13 Approval of Testing Facilities.. 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
09.12.52.14.htm 09.12.52.14. 14 Reciprocity with Other States.. 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 ag
09.12.52.15.htm 09.12.52.15. 15 Manufactured Home Procedures.. 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 Depar
09.12.52.16.htm 09.12.52.16. 16 Vacant..
09.12.52.17.htm 09.12.52.17. 17 Code Enforcement Certification Board.. 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 Department of Labor, Licensing, and Regulation; educator; building industry representative. Members of t
09.12.52.18.htm 09.12.52.18. 18 NCSBCS Reciprocity.. 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
09.12.52.9999.htm 09.12.52.9999. Administrative History Effective date: July 1, 1972. Regulations .01―10 amended effective July 23, 1975 (2:16 Md. R. 1137). Regulation .10 amended effective March 3, 1976 (3:5 Md. R. 295). Regulations .11 ―14 adopted effective July 23, 1975 (2:16 Md. R. 1137). Regulation .14 amended effective April 13, 1977 (4:8 Md. R. 632). Regulation .16 adopted effective July 23, 1975 (2:16 Md. R. 1137) ―. Chapter revised effective August 11, 1978 (5:16 Md. R. 1254).
09.12.53.00.htm 09.12.53.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 BUILDING AND MATERIAL CODES Chapter 53 Maryland Accessibility Code Authority: Public Safety Article, §12-202(b) Annotated Code of Maryland
09.12.53.01.htm 09.12.53.01. 01 Title.. This chapter shall be known as the Maryland Accessibility Code, and is referred to in these regulations as "this Code"
09.12.53.02.htm 09.12.53.02. 02 Purpose.. 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 requ
09.12.53.03.htm 09.12.53.03. 03 Scope.. 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,
09.12.53.04.htm 09.12.53.04. 04 Relationship to Federal Law.. 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 dis
09.12.53.05.htm 09.12.53.05. 05 Definitions.. 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 Accessibi
09.12.53.06.htm 09.12.53.06. 06 Implementation.. 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 th
09.12.53.07.htm 09.12.53.07. 07 Applicable Standards.. 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 o
09.12.53.08.htm 09.12.53.08. 08 Standards Substantially Equivalent to 2010 ADA Standards.. 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
09.12.53.09.htm 09.12.53.09. 09 Waiver Request.. 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 la
09.12.53.10.htm 09.12.53.10. 10 Private Action.. 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.
09.12.53.11.htm 09.12.53.11. 11 Copies of Standards and Code.. 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.
09.12.53.12.htm 09.12.53.12. 12 Explanatory Material.. 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..
09.12.53.9999.htm 09.12.53.9999. Administrative History Effective date: April 16, 1975 (2:8 Md. R. 563). Regulations .01―11 amended effective March 3, 1976 (3:5 Md. R. 295). Chapter revised effective September 5, 1980 (7:18 Md. R. 1736). Chapter revised effective January 1, 1985 (11:26 Md. R. 2277) ―. Chapter recodified from COMAR 05.01.07 to COMAR 05.02.02. Appendix A recodified as Regulation .07 ―. Regulations .01―07, Maryland Building Code for the Handicapped, repealed and new Regulations .01―12,
09.12.54.00.htm 09.12.54.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 BUILDING AND MATERIAL CODES Chapter 54 Minimum Livability Code Authority: Public Safety Article, §12-203(c) Annotated Code of Maryland
09.12.54.01.htm 09.12.54.01. 01 General.. 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;
09.12.54.02.htm 09.12.54.02. 02 Definitions.. 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.
09.12.54.03.htm 09.12.54.03. 03 Incorporation by Reference.. 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
09.12.54.04.htm 09.12.54.04. 04 Application.. 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; or3) Housing exempted by the Department.. B. In addition to any fire safety requirements contained in the IPMC, the State fire safety laws, Pu
09.12.54.05.htm 09.12.54.05. 05 Code Enforcement.. 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;
09.12.54.06.htm 09.12.54.06. 06 Violations.. 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.
09.12.54.07.htm 09.12.54.07. 07 Right to Appeal.. 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.
09.12.54.9999.htm 09.12.54.9999. Administrative History Effective date: April 6, 1987 (14:7 Md. R. 829) ―. Chapter recodified from COMAR 05.01.31 to COMAR 05.02.03 ―. Chapter revised effective January 14, 2010 (37:1 Md. R. 14) ―. Regulations .01―12 repealed and new Regulations .01―07 adopted effective September 17, 2012 (39:18 Md. R. 1196) ―Chapter recodified from COMAR 05.02.03 to COMAR 09.12.54 effective March 25, 2019 (46:6 Md. R. 345). Regulation .02B amended effective March 25, 2019 (46:6 Md. R. 345).
09.12.55.00.htm 09.12.55.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 BUILDING AND MATERIAL CODES Chapter 55 Safety Glazing Authority: Public Safety Article, §12-403 and 12-404, Annotated Code of Maryland
09.12.55.01.htm 09.12.55.01. 01 Purpose and Authority.. 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, Licensing, and Regulation 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 “hazardousB. These regulations are
09.12.55.02.htm 09.12.55.02. 02 Reference Standards and Specific Hazardous Locations.. 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 inche
09.12.55.9999.htm 05.02.06.9999. Administrative History Effective date: October 1, 1974 (1:1 Md. R. 22). Regulations .02―05 repealed and new Regulation .02 adopted effective September 1, 1986 (13:12 Md. R. 1373) ―Chapter recodified from COMAR 05.01.06 to COMAR 05.02.06 ―. Chapter recodified from COMAR 05.02.06 to COMAR 09.12.55 effective March 25, 2019 (46:6 Md. R. 345). Regulation .01A amended effective March 25, 2019 (46:6 Md. R. 345). Regulation .02A amended effective March 25, 2019 (46:6 Md. R. 345).
09.12.56.00.htm 09.12.56.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 56―57 Vacant
09.12.58.00.htm 09.12.58.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 MARYLAND BUILDING REHABILITATION CODE Chapter 58 Maryland Building Rehabilitation Code Regulations Authority: Public Safety Article, §12-1004 and 12-1007(a) Annotated Code of Maryland
09.12.58.01.htm 09.12.58.01. 01 Title.. This chapter shall be known and cited as the Maryland Building Rehabilitation Code Regulations..
09.12.58.02.htm 09.12.58.02. 02 Purpose and Applicability.. 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.
09.12.58.03.htm 09.12.58.03. 03 Incorporation by Reference.. A. The 2015 International Existing Building Code (International Code Council, 500 New Jersey Avenue, N.W. 6th Floor, Washington, DC 20001) as described in this chapter, is incorporated by reference.B. The 2015 International Existing Building Code, as described in this chapter, shall constitute the Maryland Building Rehabilitation Code.C. Modifications to the 2015 International Existing Building Code.. 1) Chapter 1. Add note to Chapter 1 of the IEBC: L
09.12.58.04.htm 09.12.58.04. 04 Definitions.. 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 .11B of this chapter and is in:
09.12.58.05.htm 09.12.58.05. 05 Enforcement and Administration.. 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.
09.12.58.06.htm 09.12.58.06. 06 Preliminary Meeting.. 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 t
09.12.58.07.htm 09.12.58.07. 07 Maryland Building Rehabilitation Code Advisory Council.. 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
09.12.58.08.htm 09.12.58.08. 08 Review Process for Proposed Amendments by Local Governments.. 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
09.12.58.9999.htm 09.12.58.9999. Administrative History Effective date: June 1, 2001 (28:10 Md. R. 946) ―. Regulations .01―09 repealed and new Regulations .01―13 adopted effective July 16, 2007 (34:14 Md. R. 1245)Regulation .03 amended effective July 1, 2010 (37:13 Md. R. 851). Regulation .04B amended effective July 1, 2010 (37:13 Md. R. 851) ―. Regulations .01―13 repealed and new Regulations .01―08 adopted effective April 1, 2013 (40:6 Md. R. Regulation .03 amended effective April 11, 2016 (43:7 Md. R. 448).
09.12.59.00.htm 09.12.59.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 59―60 Vacant
09.12.61.00.htm 09.12.61.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 61 Prohibiting Smoking on Elevators ― Repealed Administrative History Effective date: January 1, 1976 (2:26 Md. R. 1559)Regulation .04A amended effective January 27, 1986 (13:2 Md. R. 137) ―. Chapter revised effective October 5, 1987 (14:20 Md. R. 2141). Regulation .03 amended effective July 10, 1989 (16:13 Md. R. 1421) April 26, 1993 (20:8 Md. R. 722).
09.12.62.00.htm 09.12.62.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 62 Amusement Attractions Erected Permanently or Temporarily at Carnivals, Fairs, and Amusement Parks Authority: Business Regulation Article, §3-307―3-313, Annotated Code of Maryland
09.12.62.01.htm 09.12.62.01. 01 Purpose.. 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.
09.12.62.02.htm 09.12.62.02. 02 Incorporation by Reference.. 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) andB. The National Electrical Code, ANSI/NFPA #70-2005, which is incorporated by reference in COMAR 20.50.02.02.
09.12.62.03.htm 09.12.62.03. 03 Definitions.. 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) "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 kno
09.12.62.04.htm 09.12.62.04. 04 General Responsibility for Compliance.. 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 specifica
09.12.62.05.htm 09.12.62.05. 05 Inspection, Registration, and Certificate Inspection.. 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
09.12.62.06.htm 09.12.62.06. 06 Identification and State Registration Plates.. 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;.
09.12.62.07.htm 09.12.62.07. 07 Operation.. 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;.
09.12.62.08.htm 09.12.62.08. 08 Accident Reporting.. A. An owner shall report any accident involving serious physical injury resulting from the operation of an amusement attraction to the Commissioner, either orally or in writing, within 24 hours.B. The report shall contain the following:. 1) Date and time of the accident;. 2) Name, address, and telephone number of the injured person and parent or guardian information if the injured person is a minor;3) Age and sex of the injured person;.
09.12.62.09.htm 09.12.62.09. 09 Amusement Attraction Operating Records and Reports.. 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..
09.12.62.10.htm 09.12.62.10. 10 Design Criteria.. 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 A
09.12.62.11.htm 09.12.62.11. 11 Access, Egress, and Walking Surfaces.. 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.
09.12.62.12.htm 09.12.62.12. 12 Signage.. 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 pos
09.12.62.13.htm 09.12.62.13. 13 General Environment.. 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;
09.12.62.14.htm 09.12.62.14. 14 Fire Protection.. 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
09.12.62.15.htm 09.12.62.15. 15 Equipment and Materials.. 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.
09.12.62.16.htm 09.12.62.16. 16 Location and Operation.. 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 are
09.12.62.17.htm 09.12.62.17. 17 Electrical Requirements.. 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; or2) At a minimum, the National Fire Protection Association 70 (1987). B. Each owner shall ensure that electrical systems required to operate amusement attractions be inst
09.12.62.18.htm 09.12.62.18. 18 Maintenance.. 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 deta
09.12.62.19.htm 09.12.62.19. 19 Rules of Procedure for Hearings.. All contested case hearings before the Commissioner shall be governed by COMAR 09.01.02..
09.12.62.20.htm 09.12.62.20. 20 Variances.. 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;.
09.12.62.9999.htm 09.12.62.9999. Administrative History Effective date: December 30, 1977 (4:27 Md. R. 2105). Regulations .02L, .04B, .11F, and .16E and F amended effective February 14, 1983 (10:3 Md. R. 209). Regulation .07A amended effective June 15, 1987 (14:12 Md. R. 1349). Regulation .07D adopted effective August 26, 1985 (12:17 Md. R. 1705). Regulation .07E adopted effective June 15, 1987 (14:12 Md. R. 1349). Regulation .10 repealed effective August 26, 1985 (12:17 Md. R. 1705).
09.12.63.00.htm 09.12.63.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 63 Water Slides Erected Permanently or Temporarily in the State Authority: Business Regulation Article, §3-307―3-313, Annotated Code of Maryland
09.12.63.01.htm 09.12.63.01. 01 Purpose.. 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.
09.12.63.02.htm 09.12.63.02. 02 Definitions.. 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 hor
09.12.63.03.htm 09.12.63.03. 03 Manual.. 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;.
09.12.63.04.htm 09.12.63.04. 04 Posted Warning Signs.. 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;.
09.12.63.05.htm 09.12.63.05. 05 Daily Inspections.. 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.
09.12.63.06.htm 09.12.63.06. 06 Control of Operation.. 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:.
09.12.63.07.htm 09.12.63.07. 07 Design Criteria.. 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:.
09.12.63.08.htm 09.12.63.08. 08 Access, Egress, and Walking Surfaces.. 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.
09.12.63.9999.htm 09.12.63.9999. Administrative History Effective date: October 15, 1986 (13:16 Md. R. 1826). Regulation .07A amended effective June 12, 1989 (16:11 Md. R. 1218). Regulation .08 amended effective June 12, 1989 (16:11 Md. R. 1218).
09.12.64.00.htm 09.12.64.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 64 Amusement Ride Safety Standard for Go-Kart Operations Authority: Business Regulation Article, §3-307―3-313, Annotated Code of Maryland
09.12.64.01.htm 09.12.64.01. 01 Scope.. 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.
09.12.64.02.htm 09.12.64.02. 02 Purpose.. The purpose of this chapter is to ensure that go-karts in the State are safely designed, operated, and maintained.
09.12.64.03.htm 09.12.64.03. 03 Definitions.. 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
09.12.64.04.htm 09.12.64.04. 04 Manual.. 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;.
09.12.64.05.htm 09.12.64.05. 05 Posted Warning Signs.. 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;.
09.12.64.06.htm 09.12.64.06. 06 Daily Inspections.. 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; and2) 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:.
09.12.64.07.htm 09.12.64.07. 07 Control of Operation.. 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:.
09.12.64.08.htm 09.12.64.08. 08 Design Criteria.. 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..
09.12.64.09.htm 09.12.64.09. 09 General Environment.. 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..
09.12.64.10.htm 09.12.64.10. 10 Fire Protection.. 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, refueli
09.12.64.9999.htm 09.12.64.9999. Administrative History Effective date: May 28, 1990 (17:10 Md. R. 1219). Regulation .06D amended effective April 13, 1992 (19:7 Md. R. 745). Regulation .07 amended effective April 13, 1992 (19:7 Md. R. 745). Regulation .08 amended effective April 13, 1992 (19:7 Md. R. 745).
09.12.65.00.htm 09.12.65.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 65 Passenger Ropeways Authority: Business Regulation Article, §3-302 and 3-307―3-313, Annotated Code of Maryland
09.12.65.01.htm 09.12.65.01. 01 Purpose.. This chapter establishes safety standards for passenger transportation systems that use cables, ropes, or other flexible elements for power transmission in the system. These systems include aerial tramways, detachable and fixed grip aerial lifts, surface lifts, tows, and conveyors.
09.12.65.02.htm 09.12.65.02. 02 Incorporation by Reference.. 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, is incorporated by reference.
09.12.65.9999.htm 09.12.65.9999. Administrative History Effective date: August 30, 2004 (31:17 Md. R. 1312).
09.12.66.00.htm 09.12.66.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 66 Inflatable Amusement Attractions Authority: Business Regulation Article, §3-307―3-313 and 3-402, Annotated Code of Maryland
09.12.66.01.htm 09.12.66.01. 01 Purpose.. 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 09.12.62 does not apply to inflatable amusement attractions..
09.12.66.02.htm 09.12.66.02. 02 Incorporation by Reference.. 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, F2374—04 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices (2004) (ASTM F2374-04) andB. The National Electrical Code, ANSI/NFPA #70-2005, which is incorporated by reference in COMAR 20.50.02.02.
09.12.66.03.htm 09.12.66.03. 03 Definitions.. 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
09.12.66.04.htm 09.12.66.04. 04 General Responsibility for Compliance.. 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
09.12.66.05.htm 09.12.66.05. 05 Registration, Inspection, and Notice of Operation.. 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 obt
09.12.66.06.htm 09.12.66.06. 06 Inspections.. 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;.
09.12.66.07.htm 09.12.66.07. 07 Special Inflated Amusement Structures.. 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 flo
09.12.66.08.htm 09.12.66.08. 08 Information Panel and State Registration Sticker.. 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, i
09.12.66.09.htm 09.12.66.09. 09 Operation.. 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; and3) Provide a copy of the manufacturer’s operations manual, in English, to the Commissioner on request.B. Except as provided in §C of this regulation, an
09.12.66.10.htm 09.12.66.10. 10 Accident Reporting.. A. Immediately after an accident involving serious physical injury resulting from the operation of an inflatable amusement attraction, an owner shall orally notify the Commissioner.B. An owner shall submit a written accident report to the Commissioner within 24 hours.. C. The report shall contain the following:. 1) Date and time of the accident;. 2) Name, address, and telephone number of the injured person and parent or guardian information if t
09.12.66.11.htm 09.12.66.11. 11 Records and Reports.. 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 attend
09.12.66.12.htm 09.12.66.12. 12 Design Criteria.. A. An owner shall ensure that an inflatable amusement attraction is designed and manufactured in accordance with the criteria set forth in ASTM F2374-04.5.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..
09.12.66.13.htm 09.12.66.13. 13 Access, Egress, and Walking Surfaces.. 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.
09.12.66.14.htm 09.12.66.14. 14 Signage.. A. When a manufacturer or the Commissioner requires a restriction on the use of an inflatable amusement attraction, such as the age or weight of a user, a legible sign indicating the restriction shall be posted in full view of individuals seeking admission to the inflatable amusement attraction.B. The location of the sign shall be:. 1) At the location specified by the manufacturer;. 2) At the entrance of the inflatable amusement attraction; or.
09.12.66.15.htm 09.12.66.15. 15 General Environment.. A. All manufacturer wind-related and weather-related restrictions shall be complied with.. B. In the event of lightning, winds gusting in excess of 25 mph, a tornado watch, a severe storm predicted within a 5 mile radius, fire, or other disturbance, an owner shall implement the following:1) Users shall be unloaded or evacuated safely from the inflatable amusement attraction immediately; and
09.12.66.16.htm 09.12.66.16. 16 Fire Protection.. 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.
09.12.66.17.htm 09.12.66.17. 17 Equipment and Materials.. 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.
09.12.66.18.htm 09.12.66.18. 18 Location and Operation.. A. Assembly and Disassembly.. 1) The assembly and disassembly of an inflatable amusement attraction shall be performed:. a) In accordance with the manufacturer’s procedures and specifications; and. b) Using only manufacturer specified components, fasteners, tools, replacement parts, and materials.. 2) During assembly, parts shall be closely inspected to discover excessively worn or damaged parts.. B. Location.. 1) Placement of the infla
09.12.66.19.htm 09.12.66.19. 19 Electrical Requirements.. A. Electrical systems, conductors, and equipment installed on or used in conjunction with inflatable amusement attractions shall conform to the requirements of the National Electrical Code, ANSI/NFPA #70-2005.B. Each owner shall ensure that electrical systems required to operate the inflatable amusement attractions are maintained by a qualified person.C. Wiring Methods.. 1) Flexible cords used with temporary and portable lights and extension cor
09.12.66.20.htm 09.12.66.20. 20 Rules of Procedure for Hearings.. All contested case hearings before the Commissioner shall be governed by COMAR 09.01.02..
09.12.66.21.htm 09.12.66.21. 21 Variances.. 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;.
09.12.66.9999.htm 09.12.66.9999. Administrative History Effective date: January 21, 2013 (40:1 Md. R. 20).
09.12.67.00.htm 09.12.67.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 67―70 Vacant
09.12.71.00.htm 09.12.71.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY 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
09.12.71.01.htm 09.12.71.01. 01 Procedure for Public Hearings.. 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..
09.12.71.9999.htm 09.12.71.9999. Administrative History Effective date: April 20, 1979 (6:8 Md. R. 655). Regulation .01 repealed and new Regulation .01 adopted effective December 14, 1987 (14:25 Md. R. 2659)
09.12.72.00.htm 09.12.72.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 72―80 Vacant
09.12.81.00.htm 09.12.81.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 81 Elevator, Escalator, and Chairlift Safety Authority: Public Safety Article, §12-805, 12-806, and 12-809, Annotated Code of Maryland
09.12.81.01.htm 09.12.81.01. 01 Safety Code for Elevators and Escalators.. 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 shal
09.12.81.01-1.htm 09.12.81.01-1. 01-1 Definitions.. 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 l
09.12.81.02.htm 09.12.81.02. 02 Safety Standard for Platform Lifts and Stairway Chairlifts.. 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 Li
09.12.81.03.htm 09.12.81.03. 03 Notice of Planned Completion.. 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;.
09.12.81.04.htm 09.12.81.04. 04 Final Acceptance Inspection.. 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 Com
09.12.81.04-1.htm 09.12.81.04-1. 04-1 Third-Party Qualified Elevator Inspectors.. 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..
09.12.81.05.htm 09.12.81.05. 05 Inspections by State Inspector.. 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.
09.12.81.06.htm 09.12.81.06. 06 Record Keeping and Filing.. A. Record Keeping.. 1) At a readily accessible central location in the building where the elevator unit is located, a contractor, owner, or lessee shall maintain:a) A legible hard copy of maintenance, repair, test, and inspection records; or. b) An electronic copy of maintenance, repair, test, and inspection records in an electronic format approved by the Commissioner for that location.2) A contractor, owner, or lessee shall retain the
09.12.81.07.htm 09.12.81.07. 07 Owner Inspection Responsibilities.. 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 certifi
09.12.81.08.htm 09.12.81.08. 08 Third-Party Qualified Elevator Inspections.. 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
09.12.81.9999.htm 09.12.81.9999. Administrative History Effective date:. Regulation .01A adopted effective July 13, 1979 (6:14 Md. R. 1207). Regulation .01B adopted effective February 1, 1980 (7:2 Md. R. 114). Regulation .01C adopted effective August 16, 1982 (9:16 Md. R. 1605). Regulation .01D adopted effective September 1, 1982 (9:16 Md. R. 1605). Regulation .01E adopted effective November 1, 1983 (10:21 Md. R. 1900). Regulation .01F adopted effective December 17, 1984 (11:25 Md. R. 2133).
09.12.82.00.htm 09.12.82.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 82 Elevators and Rescue Litters Authority: Public Safety Article, §12-805, Annotated Code of Maryland
09.12.82.01.htm 09.12.82.01. 01 Purpose.. This chapter delineates and defines certain terms used in Public Safety Article, §12-816, Annotated Code of Maryland.
09.12.82.02.htm 09.12.82.02. 02 Definition.. A. The following term has the meaning indicated.. B. Term Defined. "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.
09.12.82.03.htm 09.12.82.03. 03 Rescue Litter Size.. 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.
09.12.82.9999.htm 09.12.82.9999. Administrative History Effective date: September 8, 1986 (13:18 Md. R. 2020). Regulation .01 amended effective December 23, 1991 (18:25 Md. R. 2750). Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2750).
09.12.83.00.htm 09.12.83.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 83 Safety Requirements for Personnel Hoists Authority: Public Safety Article, §12-805, Annotated Code of Maryland
09.12.83.01.htm 09.12.83.01. 01 Incorporation by Reference of "American National Standard Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations"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
09.12.83.02.htm 09.12.83.02. 02 Identification Plate and Certificate of Inspection.. 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 sha
09.12.83.9999.htm 09.12.83.9999. Administrative History Effective date: April 18, 1988 (15:8 Md. R. 1009). Regulation .01 amended effective July 15, 1996 (23:14 Md. R. 1008). Regulation .01C, D adopted effective July 16, 2018 (45:14 Md. R. 695).
09.12.84.00.htm 09.12.84.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 84―90 Vacant
09.12.91.00.htm 09.12.91.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 91 Railroad Safety and Health Authority: Labor and Employment Article, §5.5-104 and 5.5-108, Annotated Code of Maryland
09.12.91.01.htm 09.12.91.01. 01 Definitions.. 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.
09.12.91.02.htm 09.12.91.02. 02 Rules of Procedure for Hearing.. 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;.
09.12.91.03.htm 09.12.91.03. 03 Variances.. 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;.
09.12.91.04.htm 09.12.91.04. 04 Clearance Requirements.. 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
09.12.91.05.htm 09.12.91.05. 05 Track Safety Standards.. 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, t
09.12.91.06.htm 09.12.91.06. 06 Report of Railroad Accident.. 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:.
09.12.91.07.htm 09.12.91.07. 07 Posting of Citations.. 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 affe
09.12.91.9999.htm 09.12.91.9999. Administrative History Effective date: January 9, 1981 (8:1 Md. R. 20). Regulations .01―03 adopted effective January 28, 1985 (12:2 Md. R. 137). Regulation .04 adopted effective February 24, 1986 (13:4 Md. R. 396). Regulation .05 adopted effective July 13, 1986 (13:14 Md. R. 1633). Regulation .06 adopted effective October 19, 1987 (14:21 Md. R. 2223). Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 849).
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