Ch. 5

LAWS OF MARYLAND

(c) "Home improvement" means the repair, replacement,
remodeling, alteration, conversion, modernization, improvement,
or addition to any land or building, or that portion thereof
which is used or designed to be used as a residence or dwelling
place for 1, 2, or 3 single family units; and shall include the
construction, replacement, or improvement of driveways, swimming
pools, porches, garages, landscaping, fences, fall-out shelters
and other improvements to structures or upon land which is
adjacent to a dwelling house for 1, 2, or [3,] 3 single family
units. "Home improvement" also includes the replacement,
installation, and connection of dishwashers, disposals, and
refrigerators with icemakers to existing exposed household
plumbing lines. "Home improvement" shall not include (i) the
construction of a new home building or work done by a contractor
in compliance with a guarantee of completion of a new building
project, (ii) the sale of goods or materials by a seller who
neither arranges to perform nor performs directly or indirectly
any work or labor in connection with the installation of or
application of the goods or materials, or (iii) any replacement,
installation, or connection of appliances to existing exposed
plumbing lines that requires alteration of the existing lines.
Without regard to the extent of affixation, "home improvement"
includes the installation of central heating or air-conditioning
systems, storm windows, awnings, or fire alarms.

DRAFTER'S NOTE:

Error: Extraneous comma in Article 56, § 249(c).

Occurred: Ch. 638, Acts of 1985.

257E.

(a) Subject to the limitations set forth in [subsection
(b)] subsections (B) AND (C) OF THIS SECTION, the Commission may
direct payment from the Fund only if:

(1)  The Commission's decision or order has become
final in accordance with the Administrative Procedure Act with
all rights of appeal exhausted; or

(2)  The claimant provides the Commission with a
certified copy of a final judgment of a court of competent
jurisdiction, or a final award in arbitration, with all rights of
appeal exhausted, in which the court or arbitrator has expressly
found on the merits that the conditions precedent to recovery set
forth in § 257A(a) are met and has made a finding as to the
dollar value of any actual loss.

DRAFTER'S NOTE:

Error: Erroneous internal reference in Article 56, §
257E(a).

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