Md. Code Regs. 09.12.51.07 - 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;
(d) The fire codes
adopted by the local jurisdictions and any amendments to them;
(e) The electrical code required under Public
Safety Article, §
12-603, Annotated Code
of Maryland;
(f) Local amendments
to the electrical code required under Public Safety Article, §
12-603, Annotated Code
of Maryland;
(g) Local code
provisions that are more restrictive than the IECC as modified in Regulation
.04 of this chapter and the energy code defined under Public Utilities Article,
§
7-401,
Annotated Code of Maryland;
(h) The
Maryland Building Rehabilitation Code; and
(i) Local amendments to the Maryland Building
Rehabilitation Code.
(2)
The Department may compile and include in the central data base:
(a) Any information provided by the local
jurisdiction on the implementation and interpretation of the Standards by the
local jurisdiction;
(b) Interim
amendments to the IBC and IRC, including subsequent printing of the most recent
edition; and
(c) Any other
information the Department determines is relevant to the construction or
rehabilitation of buildings and structures in the State.
(3) Software.
(a) The Department shall be responsible for
the development and distribution among the local jurisdictions of software
related to the operation of the central data base.
(b) Any software developed by or on behalf of
the Department shall be owned by the Department, or the developer of the
software.
(c) Neither the local
jurisdiction nor any other user acquires any proprietary right in any of the
ICC copyrighted material or ICC trademark contained in the software.
B. Voluntary Dispute
Resolution.
(1) Upon the written request of a
local jurisdiction and any person aggrieved by the Standards or any local
amendments to them, the Codes Administration shall conduct an informal
mediation or conciliation with the local jurisdiction and any person aggrieved
by the Standards or any local amendments to them.
(2) The aggrieved person and the local
jurisdiction shall each submit to the Codes Administration a written statement
of the dispute and include any related material either party feels is
appropriate. In addition to the written statement, either party may request a
meeting with the other party and the Codes Administration to discuss the
dispute.
(3) Within the latter to
occur of 30 days of receipt of both statements of the disputed and any related
material, or 30 days after a meeting conducted in accordance with §B(2) of
this regulation, the Director of the Codes Administration shall issue a
decision on behalf of the Department regarding resolution of the
dispute.
(4) Within 15 days of the
date of the decision of the Director of the Codes Administration, either party
may appeal to the Secretary of the Department or the Secretary's designee, in
writing. The Secretary of the Department or the Secretary's designee shall
respond to the appeal within 15 days of receipt of the appeal.
(5) Neither a decision by the Codes
Administration nor the Department under §B(3) or (4) of this regulation
shall constitute a contested case proceeding under the Maryland Administrative
Procedure Act and is not subject to the provisions of COMAR
09.01.02.
Notes
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