1. A. Application and Criteria. A testing facility shall apply to the Department to be designated an approved testing facility. The application shall be verified and shall contain information enabling the Department to determine whether the applicant is specially qualified by reason of facilities, personnel, experience, and demonstrated reliability to investigate, test, and evaluate industrialized building units for compliance with these regulations, and to provide adequate follow-up and quality assurance services at the point of manufacture. This information shall include:

   1. (1) Names of officers and location of offices;
   2. (2) Specification and description of services proposed to be furnished under these regulations;
   3. (3) Description of qualifications of personnel and their responsibilities;
   4. (4) Summary of organization experience;
   5. (5) General description of procedures and facilities to be used in proposed services, including evaluation of the model unit, factory follow-up, quality assurance, labeling of production units, and specific information to be furnished on or with labels;
   6. (6) How defective units resulting from oversight are to be dealt with;
   7. (7) Acceptance of these services by independent accrediting organizations and by other jurisdictions;
   8. (8) Proof of independence and absence of conflict of interest;
   9. (9) Compliance with federal and State requirements concerning equal employment opportunities.
2. B. Fees. Fees for approval and annual renewal are stated in Regulation .12 of this chapter.

3. C. Independence and Absence of Conflicts. An approved testing facility may not be affiliated with or influenced or controlled by producers, suppliers, or vendors of products in any manner which might affect its capacity to render reports of findings objectively without bias. An approved testing facility is judged to be free of affiliation, influence and control if it complies with all of the following:

   1. (1) Has no managerial affiliation with producers, suppliers, or vendors and is not engaged in the sale or promotion of any product or material;
   2. (2) The results of its work accrue no financial benefit to the agency via stock ownership, and the like, of any producers, supplier, or vendors of the products involved;
   3. (3) Its directors and other management personnel, in those capacities, receive no stock option, or other financial benefits from any producer, supplier, or vendor of the product involved;
   4. (4) Has sufficient breadth of interest or activity that the loss or award of a specific contract to determine compliance of a producer's, supplier's, or vendor's product with these regulations would not be a determinative factor in its financial well-being;
   5. (5) The employment security status of its personnel is free of influence or control of producers, suppliers, or vendors.

Authority: Public Safety Article, §12-305, Annotated Code of Maryland

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)

Regulation .02B and C amended effective January 1, 1984 (10:20 Md. R. 1783)

Regulation .07 amended effective June 29, 1979 (6:13 Md. R. 1124); March 1, 1983 (10:3 Md. R. 208); February 1, 1986 (13:1 Md. R. 14)

Regulation .07A amended effective January 7, 1982 (8:26 Md. R. 2104)

Regulation .08 amended effective February 1, 1986 (13:1 Md. R. 14)

Regulation .08B amended effective March 1, 1983 (10:3 Md. R. 208)

Regulation .12E amended effective March 6, 1981 (8:5 Md. R. 471)

Regulation .12 amended effective July 9, 1990 (17:13 Md. R. 1610)

Regulation .15B—H amended effective January 1, 1984 (10:20 Md. R. 1783)

Regulation .18 adopted effective September 21, 1979 (6:19 Md. R. 1518)

Chapter recodified from COMAR 05.01.01 to COMAR 05.02.04

Regulation .01 amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .02 amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .03B amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .10D amended effective July 1, 1993 (20:12 Md. R. 996)

Regulation .12A amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .12C amended effective July 9, 1990 (20:12 Md. R. 996)

Regulation .15 amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .16 repealed effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .17A amended effective July 17, 2006 (33:14 Md. R. 1162)

Chapter recodified from COMAR 05.02.04 to COMAR 09.12.52 effective March 25, 2019 (46:6 Md. R. 345)

Regulation .02B amended effective March 25, 2019 (46:6 Md. R. 345)

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

Regulation .08 amended effective March 25, 2019 (46:6 Md. R. 345)

Regulation .10C amended effective March 25, 2019 (46:6 Md. R. 345)

Regulation .17A amended effective March 25, 2019 (46:6 Md. R. 345)