1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) Agricultural Building.

      1. (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.
      2. (b) “Agricultural building” does not include a place of human residence.

   2. (2) Agritourism.

      1. (a) “Agritourism” means tourism of agricultural farms and buildings by members of the general public for recreational, entertainment, or educational purposes for which tourists may or may not pay fees.

      2. (b) Agritourism includes the following activities, when performed by a tourist:

         1. (i) Viewing rural activities, farming, ranching, and wine making;
         2. (ii) Viewing natural, historical, and cultural resources; and
         3. (iii) Harvesting agricultural products.
   3. (3) “Building” has the meaning and interpretation set forth in the International Building Code.
   4. (4) “Codes Administration” means the Building Codes Administration, an administration within the Department.
   5. (5) “County” means any of the 23 counties of the State and the Mayor and City Council of Baltimore.
   6. (6) “Department” means the Maryland Department of Labor.
   7. (7) “High performance home” has the meaning stated in Public Safety Article, §12-509(a), Annotated Code of Maryland.

   8. (8) Hotel.

      1. (a) “Hotel” means an establishment that offers sleeping accommodations for compensation.
      2. (b) “Hotel” does not include a bed and breakfast establishment.
   9. (9) “IBC” means the International Building Code, as incorporated by reference in this chapter.
   10. (10) “ICC” means the organization known as the International Code Council.

   11. (11) “Local amendment” means:

       1. (a) An amendment to the Standards that has been adopted by a local jurisdiction in accordance with applicable local laws and regulations; and

       2. (b) A copy of the amendment has been provided to the Department for inclusion in the data base within the following time period:

          1. (i) At least 15 days before the effective date of the amendment, or
          2. (ii) In the case of an emergency adoption of an amendment, within 5 days of the emergency amendment's adoption.
   12. (12) “Local jurisdiction” means the county or municipality responsible for implementation and enforcement of the Maryland Building Performance Standards.

   13. (13) “Master control device” means:

       1. (a) A control that is activated when a person enters the room through the primary room–access method; or
       2. (b) An occupancy sensor control that is activated by a person’s presence in the room.
   14. (14) “MBPS” or “Standards” means the Maryland Building Performance Standards established by these regulations.
   15. (15) “Municipality” means a municipal corporation subject to the provisions of Article XI-E of the State Constitution.
   16. (16) “Person” means an individual, corporation, partnership, association, or any other legal entity authorized to do business in the State.
   17. (17) “Structure” has the meaning and interpretation set forth in the IBC.

Authority: Public Safety Article, §§12-503, 12-507(a)(2), 12-508(g), and 12-510(d), Annotated Code of Maryland

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 Md. R. 507); July 16, 2007 (34:14 Md. R. 1245); January 1, 2012 (38:24 Md. R. 1500)

Regulation .04 amended effective October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); July 1, 2007 (34:7 Md. R. 696); January 1, 2010 (36:22 Md. R. 1722); January 1, 2012 (38:24 Md. R. 1500); October 29, 2012 (39:21 Md. R. 1377); January 1, 2015 (41:25 Md. R. 1476)

Regulation .04A, B amended and C adopted effective April 7, 1997 (24:7 Md. R. 552)

Regulation .04A, D amended effective October 29, 2012 (39:21 Md. R. 1377)

Regulation .05 amended effective March 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); January 1, 2010 (36:22 Md. R. 1722)

Regulation .05B amended effective October 29, 2012 (39:21 Md. R. 1377); January 1, 2015 (41:25 Md. R. 1476)

Regulation .05C adopted effective October 29, 2012 (39:21 Md. R. 1377)

Regulation .05C repealed effective January 1, 2015 (41:25 Md. R. 1476)

Regulation .06 amended effective April 7, 1997 (24:7 Md. R. 552); October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507); July 16, 2007 (34:14 Md. R. 1245)

Regulation .06B amended effective January 1, 2010 (36:22 Md. R. 1722)

Regulation .07 amended effective April 7, 1997 (24:7 Md. R. 552); October 15, 2001 (28:5 Md. R. 548); September 20, 2004 (31:6 Md. R. 507)

Regulation .07A amended effective January 1, 2010 (36:22 Md. R. 1722)

Regulation .09 amended effective April 7, 1997 (24:7 Md. R. 552)

Chapter recodified from COMAR 05.02.07 to COMAR 09.12.51 effective March 25, 2019 (46:6 Md. R. 345)

Regulation .03B amended effective March 25, 2019 (46:6 Md. R. 345)

Regulation .04 amended effective March 25, 2019 (46:6 Md. R. 345); May 29, 2023 (50:10 Md. R. 407)

Regulation .06B, C amended effective March 25, 2019 (46:6 Md. R. 345)

Regulation .07B amended effective March 25, 2019 (46:6 Md. R. 345)