WILLIAM DONALD SCHAEFER, Governor Ch. 3
Rather than a blanket exemption from employing a
licensed architect based on ownership, numerous other
states provide exemptions based on the type of
building or architectural services involved. These
exemptions typically include exemptions for 1 or 2
family dwellings and any garage, shed, or storage
building incidental to those dwellings; farm
buildings; and additions, alterations, or repairs that
do not affect the structural safety of a building.
The General Assembly may wish to consider adopting a
similar approach to clarify the State's law in this
area.
Also in subsection (a) of this section, the reference
to a "building or other structure" is substituted for
the former references to "building" construction and
to repair or alteration of "buildings or structures".
As a "building" is a structure, the distinction, if
any, intended by the former references is unclear.
Also in subsection (a) of this section, the word
"existing", which formerly modified the words
"buildings or structures", is deleted as surplusage,
since alteration or repair suggests existence.
In subsection (b)(1) and (2) of this section, the
words "licensed or otherwise authorized" are
substituted for the former specific references to
licensure by the "Maryland State Board of Examiners of
Landscape Architects" and the "Maryland State Board of
Registration for Professional Engineers and Land
Surveyors", respectively. The substituted language
conforms to the provisions of Titles 14 and 9 that
authorize the practice of engineering and landscape
architecture by certain individuals who do not hold a
license under the respective Title 14 or 9. In any
event, the former reference to the "Maryland State
Board of Registration for Professional Engineers and
Land Surveyors" was obsolete, since Ch. 763, Acts of
1977, placed responsibility for professional engineers
and land surveyors under separate boards.
Also in subsection (b)(1) and (2) of this section, the
former language "not in conflict with the basic
definition of [the practice of] architecture in §
464(e) of this subtitle" is deleted as surplusage and
to conform to similar provisions in other titles of
this article. Former Art. 56, § 469 did not authorize
a landscape architect or professional engineer to
perform any act that is not independently authorized
under Title 9 or Title 14 of this article.
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