WILLIAM DONALD SCHAEFER, Governor                   Ch. 311

(c)  The Model Performance Code authorized by this section
shall not be binding in any subdivision of this State unless said
subdivision specifically adopts said Model Code.

(d)  The Department [of Economic and Community Development]
shall after public hearing, issue rules and regulations to
prohibit any jurisdiction in which the Model Code applies to
alter or modify said Code without concurrence of the Department
[of Economic and Community Development] and shall also provide
for an appeal 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 jurisdiction
and will review recommendations from local officials for changes,
modifications or exceptions which would make the Code more
effective and useful in a given subdivision, or subdivisions,
within the State of Maryland. Concurrence with requests for
special Code provisions to meet local conditions will not be
unreasonably withheld.

(e)  The Department [of Economic and Community Development]
shall assume the responsibility to train and certify building
code enforcement officials in any jurisdiction where said Model
Performance Code is in effect.

[11-402.] 6-102.

(a) (1) The Department [of Economic and Community
Development], or an appropriate division of the Department, shall
promulgate and adopt a State building code for the purpose of
developing rules and regulations for making buildings and
facilities accessible and usable by the physically handicapped to
the extent feasible.

(2)  The rules and regulations shall be developed in
conjunction with the Governor's Committee for Employment of the
Handicapped, the Maryland Rehabilitation Association, and the
Maryland Society of Architects.

(3)  (i) In addition to any other penalty for a
violation of the State building code for the handicapped, the
Secretary [of Economic and Community Development] shall
investigate to determine the existence of any violation.

(ii) If the Secretary determines that a
violation exists, the Secretary may resolve any issue in the
violation by informal methods of mediation and conciliation.

(iii) In addition to the provisions of
subparagraph (ii) of this paragraph, the Secretary may institute
in any court of competent jurisdiction in the subdivision in
which the violation occurred an action for equitable relief which
may include enjoining the construction, renovation, or occupancy

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