1176                                 LAWS OF MARYLAND                               Ch. 316

Article - Commercial Law
SUBTITLE 12A. WATERPROOFING
14-12A-01.

(A)  IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)  "ADVERTISING" MEANS ANY ORAL, WRITTEN, PRINTED, OR
GRAPHIC STATEMENT OR REPRESENTATION MADE IN CONNECTION WITH
THE SOLICITATION OR SALE OF BASEMENT WATERPROOFING SERVICES.

(C)  "BASEMENT" MEANS A SUBSURFACE OR SUBTERRANEAN
PORTION OF A HOME, DWELLING, OR OTHER BUILDING.

(D)  "BASEMENT WATERPROOFING" MEANS THE USE OR
APPLICATION OF MATERIALS OR PROCESSES FOR THE PREVENTION OR
CONTROL OF WATER LEAKAGE OR WATER FLOW THROUGH THE BASEMENT
WALLS OR FLOORING INTO THE INTERIOR PORTION OF A BASEMENT.

(E)  "ENGINEER'S ANALYSIS" MEANS A WRITTEN REPORT, FROM
A PROFESSIONAL GEO-TECHNICAL ENGINEER OR ARCHITECT
REGISTERED AND CERTIFIED IN THIS STATE, CONTAINING:

(1)  AN ANALYSIS OF SOIL CONDITIONS, WATER TABLES
OR PRESSURE, AND OTHER FACTORS OR CONDITIONS THAT AFFECT THE
EXISTENCE AND CORRECTION OF BASEMENT WATER PROBLEMS; AND

(2)  AN OPINION AS TO THE PROBABILITY THAT THE
PROCESS AND THE PARTICULAR SUBSTANCES OR MATERIALS WHICH ARE
TO BE USED IN THE PERFORMANCE OF BASEMENT WATERPROOFING
SERVICES WILL OR WILL NOT CURE THE BASEMENT WATER PROBLEM OR
HAVE A SIGNIFICANT WATERPROOFING EFFECT.

(F)  "SELLER" MEANS A PERSON, OR AN AGENT,
REPRESENTATIVE, OR EMPLOYEE OF A PERSON ENGAGED IN THE
BUSINESS OF BASEMENT WATERPROOFING.

(G)  "SELLER'S ANALYSIS" MEANS A WRITTEN STATEMENT, BY
THE SELLER, OF THE CAUSES AND CONDITIONS RESPONSIBLE FOR THE
BUYER'S BASEMENT WATER PROBLEM AND THE SPECIFIC PROCESSES
AND MATERIALS TO BE USED TO CORRECT THE PROBLEM.

(H) "SOIL INJECTION/PRESSURE PUMPING" MEANS A BASEMENT
WATERPROOFING PROCESS IN CONNECTION WITH WATERPROOFING
SERVICES IN WHICH:

(1)  A SUBSTANCE IS INJECTED INTO THE GROUND
ADJACENT TO THE BASEMENT WALLS OR BENEATH THE BASEMENT
FOUNDATION OR FLOOR BY PIPES OR OTHER CONDUITS; OR

(2)  SUBSTANCES ARE POURED INTO SHALLOW TRENCHES
ADJACENT TO BASEMENT WALLS FOR THE PURPOSE OF PROTECTING OR
SEALING THE BASEMENT WALLS, FOUNDATION, FLOORS. OR EXTERIOR
SOIL AGAINST WATER PENETRATION.