2074                                   LAWS OF MARYLAND                                 Ch. 502

(H) (1) FOR PURPOSES OF THIS SUBSECTION, "POLITICAL
SUBDIVISION" MEANS A COUNTY, BALTIMORE CITY, OR ANY
INCORPORATED MUNICIPALITY.

(2)  EXCEPT AS PROVIDED IN SUBPARAGRAPH (3) (I)
OF THIS SUBSECTION, THE PROVISIONS OF THIS SECTION DO NOT
APPLY TO ANY BUILDING CONSTRUCTED WITHIN THE BOUNDARIES OF
ANY POLITICAL SUBDIVISION IF:

(I)  THE POLITICAL SUBDIVISION HAS ADOPTED
THE BOCA ENERGY CODE; AND

(II)  THE BOCA ENERGY CODE ADOPTED BY THE
POLITICAL SUBDIVISION APPLIES TO THE BUILDING BEING
CONSTRUCTED.

(3) (I) IN ANY POLITICAL SUBDIVISION WHICH HAS
ADOPTED THE BOCA ENERGY CODE, IF A BUILDER OF A BUILDING
WHICH IS COMPLETED AFTER JULY 1, 1982 AND PRIOR TO JULY 1,
1987 WILLFULLY DEVIATES FROM THE APPROVED PLANS FOR THE
BUILDING, THE BUILDER IS LIABLE TO THE FIRST PURCHASER WHO
EITHER OCCUPIES OR RENTS THE BUILDING FOR AN AMOUNT NOT TO
EXCEED $2,000 AND FOR THE COST OF BRINGING THE BUILDING INTO
COMPLIANCE WITH THE BOCA ENERGY CODE. THE BUILDER IS ALSO
LIABLE FOR THE REASONABLE ATTORNEY'S FEES AND COURT COSTS OF
THE PURCHASER, AND FOR ANY REASONABLE COSTS INCURRED BY THE
PURCHASER IN DETERMINING THAT THE BUILDER DID NOT COMPLY
WITH THE BOCA ENERGY CODE. AN ACTION BY A FIRST PURCHASER
AGAINST A BUILDER UNDER THIS SUBSECTION MAY BE BROUGHT
WITHIN 3 YEARS OF THE DATE ON WHICH A USE AND OCCUPANCY
PERMIT IS ISSUED FOR THE BUILDING BY THE POLITICAL
SUBDIVISION IN WHICH THE BUILDING IS LOCATED.

(II)  IF THE BUILDER IS A CORPORATION, THE
PURCHASER MAY BRING ANY ACTION AUTHORIZED UNDER THIS
SUBSECTION AGAINST ANY PERSON WHO WAS AN OFFICER OF THE
CORPORATION AT THE TIME THAT THE ALLEGED VIOLATION OCCURRED.

(III)  THE PROVISIONS OF PARAGRAPH (3)(I)
OF THIS SUBSECTION ARE IN ADDITION TO ANY OTHER REMEDIES AT
LAW OR EQUITY ESTABLISHED UNDER STATE OR LOCAL LAW.

(I) THIS SECTION MAY BE CITED AS THE ENERGY
CONSERVATION BUILDING STANDARDS ACT.

Article - Commercial Law

13-301.

Unfair or deceptive trade practices include any:

(11)  Use of any plan or scheme in soliciting
sales or services over the telephone that misrepresents the
solicitor's true status or mission; [or]

(12)  Violation of a provision of: