Marvin Mandel, Governor                        1395

partments," subtitle "Department of Economic and Community De-
velopment," to follow immediately after Section 257-I thereof, and to
read as follows:

257-J.

(a)  The General Assembly of Maryland finds that the potential
benefits of new materials and techniques for building construction are
not readily available to Maryland, in part because existing building
codes are so written as to preclude their use. However, modification
of such regulations, where they exist, cannot be readily made because
the techniques and skills needed to utilize different types of building
codes are beyond the background of some of the existing officials.
They cannot reasonably be expected to enforce significantly modified
regulations without additional training. Moreover, several subdivi-
sions within the State of Maryland have no building codes of any type
to protect its citizens against the intrusion of unsafe, unsound or un-
sanitary buildings to their communities. This measure of protection
should be provided to such communities. Therefore, the Department
of Economic and Community Development is hereby authorized to
prepare and issue a Model Performance Code for building construc-
tion in the State of Maryland.

(b)   The Model Performance Code which the Department of Eco-
nomic and Community Development is authorized to issue, shall cover
such elements as plumbing, structure, electrical systems and other
elements appropriate to assure safe and sound construction. Said
Model Code shall be framed in terms of the purposes for which build-
ing codes are drawn rather than the specifications of materials and
methods required to achieve the goals. TO THE EXTENT PRAC-
TICABLE, THE MODEL CODE WILL BE CONSISTENT WITH
THE CODE USED FOR INDUSTRIALIZED BUILDING.

(c)   The Model Performance Code authorized by this section
shall not be binding in any subdivision of this State which has a
building code or codes unless said subdivision specifically adopts said
Model Code. However, if within twelve months TWO THREE
YEARS after the issuance of the Model Performance Code any sub-

division still lacks building code protections of its own, the Model

Performance Code shall become binding and shall become the en-

forceable regulations within such subdivision.

(D) THE DEPARTMENT OF ECONOMIC AND COMMUNITY
DEVELOPMENT SHALL AFTER PUBLIC HEARING, ISSUE
RULES AND REGULATIONS TO PROHIBIT ANY JURISDIC-
TION IN WHICH THE MODEL CODE APPLIES TO ALTER OR
MODIFY SAID CODE WITHOUT PERMISSION CONCURRENCE
OF THE DEPARTMENT OF ECONOMIC AND COMMUNITY
DEVELOPMENT AND SHALL ALSO PROVIDE FOR AN AP-
PEAL PROCEDURE FOR ANY PARTY WHO CHALLENGES
THE INTERPRETATION OR APPLICATION OF THE MODEL
CODE, THE DEPARTMENT WILL REGULARLY CONSULT
WITH LOCAL OFFICIALS TO REVIEW THE APPLICATION
AND EFFECTIVENESS OF THE CODE IN EACH JURISDIC-
TION AND WILL REVIEW RECOMMENDATIONS FROM
LOCAL OFFICIALS FOR CHANGES, MODIFICATIONS OR EX-
CEPTIONS WHICH WOULD MAKE THE CODE MORE EFFEC-
TIVE AND USEFUL IN A GIVEN SUBDIVISION, OR SUB-
DIVISIONS, WITHIN THE STATE OF MARYLAND. CONCUR-