Ch. 311

LAWS OF MARYLAND

(b) (1) Except as provided in subsection (d) of this
section, a builder of any new building that is completed after
July 1, 1982 shall certify under oath or affirmation to the
electric company designated to provide electric service to the
building that the building meets the latest edition of the BOCA
Energy Code. However, if the building was designed while the
immediately preceding edition of the BOCA Energy Code was in
effect and the building was constructed in accordance with the
then preceding edition of the BOCA Code, the builder may so
certify in order to satisfy the requirements of this subsection.

(2)  If the builder is a corporation, the certificate
shall be submitted under oath or affirmation by an officer of the
corporation.

(3)  If it is later determined that the building did
not conform to the energy conservation standards to which the
builder has certified or that a false waiver was provided to the
electric company by the builder, the electric company may not be
held liable for that noncompliance.

(4)  The certification required under this subsection
shall be made on a form that is provided by the Department of
[Economic] HOUSING and Community Development and filed by the
builder in person or by certified mail (return receipt) with the
electric company. The form shall contain a statement to the
effect that any action brought by the first purchaser against the
builder under subsection (f) of this section may be brought
within 3 years of the date on which the builder provided the
first purchaser with a copy of the certificate or the waiver
under paragraph (e)(1) of this section.

(5)  Certificates filed with an electric company under
this subsection and waivers filed under subsection (d) of this
section shall be made available to the public and the company
shall provide a copy of any certificate or waiver that it has on
file to any person on request within a reasonable time not to
exceed 5 working days. The company may charge a reasonable fee
for any copy of a certificate or waiver that it provides. The
electric company is not required to retain a certificate or a
waiver filed with the electric company under this section beyond
3 years from the date the certificate or waiver was filed with
the electric company.

(d) (1) Subject to the provisions of this subsection, the
Department of [Economic] HOUSING and Community Development may
grant a waiver from the requirements of subsection (c)(1) of this
section for any building:

(i) To which a significant commitment had been
made to its design or construction prior to January 1, 1982; and

(ii) For which imposition of energy

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