WILLIAM DONALD SCHAEFER, Governor Ch. 647

(2)  § 3-605 ("SALE OR INSTALLATION OF UNAPPROVED
FIXTURES"); AND

(3)  § 3-606 ("REQUIRED FIXTURES AND DEVICES IN
BUILDINGS").

(C) $1,000 OR 6 MONTHS.

ANY PERSON WHO KNOWINGLY AND WILLFULLY VIOLATES ANY
PROVISION OF § 3-501(A) ("INSURANCE") OF THIS TITLE IS GUILTY OF
A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 6 MONTHS OR BOTH.

COMMITTEE COMMENT: Subsection (a)(1) of this section is new
language that combines references, in the second and
third sentences of former Art. 56, § 446, to the
"superintendent, manager, agent, or other officer of
any corporation" engaged or not engaged "in the
plumbing business in this State" and, in the second
sentence of § 448, to "officers or agents of such firm
or corporation", for clarity and brevity.

Subsection (a)(2) of this section is new language
derived from the second and third sentences of former
Art. 56, § 446 and the second sentence of § 448.

Subsection (b)(1) of this section is new language
derived from former Art. 56, § 447.

Subsection (b)(2) and (3) of this section is new
language substituted for former Art. 56, § 445(g),
which provided for a fine of "not less than $25 nor
more than $500 for each violation" and specified that
each violation be considered a separate offense. As
revised, § 3-605 of this title prohibits the
installation, rather than the sale, of unapproved
fixtures. Accordingly, subsection (b)(2) of this
section would apply to persons installing unapproved
fixtures rather than sellers.

Subsection (c) of this section is new language derived
from former Art. 56, § 462C(h).

In subsections (a)(2) and (b)(1) of this section, the
former minimum penalties are deleted to conform to the
statement of legislative policy contained in Art. 27,
§ 643 of the Code, which sets forth the general rule
that, notwithstanding a prescribed minimum penalty,
the court nevertheless may impose a lesser penalty of
the same character.

Defined terms: "Person" § 1-101
"Provide plumbing services" § 3-101

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