Montgomery County                                2275

shall include the construction, replacement, or improvement of driveways,
swimming pools, porches, garages, landscaping fences, fallout shelters and
other improvements to structures or upon land which is adjacent to a
dwelling house. "Home Improvement" shall not include (i) the construc-
tion of a new home building or work done by a contractor in compliance
with a guarantee of completion of a new building project, or (ii) the sale of
goods or materials by a seller who neither arranges to perform nor per-
forms directly or indirectly any work or labor in connection with the
installation of or application of the goods or materials. 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.

Sec. 79A-2. Registration and License Required.

It shall be unlawful for any person to engage in the business or act in
the capacity of a building contractor as defined herein within Montgomery
County without first being registered and having a license issued as pro-
vided in this chapter.

Sec. 79A-3. Board of Registration.

A board of registration for building contractors is hereby created.
The board shall consist of five members, all of whom shall be appointed
by the County Executive subject to Council confirmation pursuant to the
Charter. At least three members of the board shall be active at the time
of their appointment in the building and construction field within the
County.

The members of the first board shall be appointed for the following
terms: two members for one year, two members for two years and one
member for three years. On the expiration of the term of any member, the
Executive shall appoint or reappoint members for terms of two years.
Each member shall hold office until the expiration of his term or until a
successor shall have been duly appointed and shall have qualified.

Each member of the board shall be a resident of Montgomery County.
The director or his designated agent shall serve as an ex officio member
of the board.

Board members shall not receive compensation for serving on the
board, but shall be reimbursed for all actual traveling, incidental and
clerical expenses necessarily incurred in carrying out the provisions of
this chapter.

The board shall elect from its members a vice-chairman and secretary.
The chairman shall be selected by the Executive subject to Council confir-
mation pursuant to the Charter. In exercising its powers and duties under
this chapter not less than three members shall constitute a quorum. The
board shall keep minutes of its proceedings and meetings. All decisions of
the board shall be in written form with findings. For assistance in reaching
decisions, the board may request technical assistance, advice, data or fac-
tual evidence from the County or other governmental agency. The board
shall submit to the Executive an annual report of its proceedings.

There may be appointed and assigned to the board such employees,
and the County Executive shall make available to the board such services
and facilities of the County, as are necessary or appropriate for the proper
performance of its duties as determined by the Executive, and the county
attorney shall serve as counsel to the board.