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Session Laws, 1988
Volume 770, Page 4371   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 647

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
PERSON WHO BUILDS OR REMODELS A BUILDING OR STRUCTURE SHALL
ENSURE INSTALLATION, IN THE BUILDING OR STRUCTURE, OF FIXTURES
AND DEVICES THAT ARE REQUIRED BY AND MEET THE STANDARDS FOR
APPROVAL AS SET OUT IN THE STATE PLUMBING CODE OR ANY APPLICABLE
LOCAL PLUMBING CODE.

(B)  SUSPENSION OF ENFORCEMENT.

ENFORCEMENT OF THIS SECTION MAY BE SUSPENDED FOR A SPECIFIED
PERIOD IF A LOCAL PLUMBING INSPECTOR DETERMINES THAT:

(1) THERE IS AN INADEQUATE SUPPLY OF FIXTURES AND

DEVICES THAT ARE REQUIRED BY AND MEET THE STANDARDS FOR APPROVAL

AS SET OUT IN THE STATE PLUMBING CODE OR ANY APPLICABLE LOCAL
PLUMBING CODE;

(2) THE CONFIGURATION OF A DRAINAGE SYSTEM FOR A
BUILDING REQUIRES A GREATER QUANTITY OF WATER TO ADEQUATELY FLUSH
THE SYSTEM THAN IS DELIVERED BY FIXTURES AND DEVICES THAT ARE
REQUIRED BY AND MEET THE STANDARDS FOR APPROVAL AS SET OUT IN THE
STATE PLUMBING CODE OR ANY APPLICABLE LOCAL PLUMBING CODE; OR

(3)  HISTORIC RESTORATION WOULD BE AFFECTED ADVERSELY.

COMMITTEE COMMENT: This section is new language derived
from former Art. 56, § 445(a)(7) and (d) and the
introductory language of (c)(1).

Subsection (a) of this section is revised, in the
active voice, to clarify that the onus for compliance
falls on the person who undertakes the building or
construction. This revision is nonsubstantive since a
person providing plumbing services would, in any
event, be required to comply with the plumbing code.
See § 3-502 of this title.

In subsection (a) of this section, the reference to
"installation, in the building or structure, of
fixtures and devices that are required by ... the
State Plumbing Code or any applicable local plumbing
code" is substituted for the reference, in the
introductory language of former Art. 56, § 445(c), to
"the following fixtures or devices" and § 445(c)(l)(i)
through (iv), (2), and (3), since the enumerated
fixtures are required by the State Plumbing Code. The
Committee believed that a person should adhere to the
State Plumbing Code, including more stringent
requirements that may be adopted in the future.

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Session Laws, 1988
Volume 770, Page 4371   View pdf image
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