Ch. 71                               MARVIN MANDEL, Governor                                  133

261.
(a) The following acts are prohibited:

(1)   Abandonment or [willfull failure to perform, without justification, any
home-improvement contract or project engaged in or undertaken by a contractor;
or [willful] deviation from or disregard of plans or specifications in any material
respect without the consent of the owner;

(2)   Failure of a salesman to account for or to remit to his contractor any
payment received in connection with a home-improvement transaction;

(3)    Making any substantial misrepresentation in the procurement of a
home-improvement contract, or making any false promise of character likely to
influence, persuade or induce;

(4)  Any fraud in the execution of, or in the material alteration of any contract,
mortgage, promissory note or other document incident to a home-improvement
transaction;

(5)  Preparing, arranging, participating in arranging, or accepting any mortgage,
promissory note, or other evidence of indebtedness upon the obligations of a
home-improvement transaction with knowledge that it recites a greater monetary
obligation than the consideration for the home-improvement work, which
consideration may be a time sale price;

(6)    Directly or indirectly publish any advertisement relating to home
improvements which contains an insertion, representation or statement of fact
which is false, deceptive, or misleading; provided that any advertisement which is
subject to and complies with the then existing rules, regulations or guides of the
Federal Trade Commission shall not be deemed false, deceptive or misleading; or
by any means advertising or purporting to offer the general public any
home-improvement work with the intent not to accept contracts for the particular
work or at the price which is advertised or offered to the public;

(7)  [Willful or deliberate disregard and violation] VIOLATION of the building
laws of this State or of any political subdivision thereof, or of the safety, or labor,
or workmen's compensation insurance laws of this State;

(8)  Doing any home-improvement business with or through any person who is
subject to the licensing requirements of this subtitle [with the knowledge that]
WHEN such person is not licensed as required;

(9)  Misrepresentation of a material fact by an applicant in obtaining a license;

(10)   [Willful failure] FAILURE to notify the Commission of any change of
control in ownership, management or business name or location, or of appointment
of salesman as required by §§ 255 and 257;

(11)  Conducting a home-improvement business in any name other than the one
in which the contractor or salesman is licensed;

(12)   Advertising in any manner whatsoever that a contractor or salesman is
licensed under this subtitle; provided, however, that a contractor may include in
advertisements an accurate reference to currently operative license number
consisting of and limited to the form and legend: "Maryland Home Improvement
Commission License No."

(13)  Constructing, repairing or remodeling any fallout shelter with knowledge
that the work does not conform to the minimum applicable standards of protection
to persons using the shelter as promulgated by the State office of civil defense.