WILLIAM DONALD SCHAEFER, Governor H.B. 421
WHEREAS, 19 counties and 59 municipalities in Maryland enforce nine different
codes based on various different editions of two national model codes and five counties
have no building code; and
WHEREAS, This lack of uniformity in building code requirements throughout the
State causes confusion and inefficiencies for members of the building industry; and
WHEREAS, It is important to eliminate and reduce bureaucratic inefficiencies in
the construction industry in an effort to reduce construction costs, encourage economic
development, and increase and maintain the availability of affordable housing in the
State; and
WHEREAS, It is necessary and appropriate to tailor national building standards to
meet local concerns and special needs related to the oversight of construction; and
WHEREAS, The Governor appointed a Task Force on Uniform Maryland Building
Performance Standards consisting of 35 members representing local building and fire
officials, State and local elected and appointed officials, the general public, and the
private sector building community including engineers, homebuilders, architects, and
contractors; and
WHEREAS, The Governor's Task Force recommends the adoption of legislation
establishing Maryland Building Performance Standards based on the BOCA National
Building Code, which is the national code followed in most local jurisdictions; and
WHEREAS, The Task Force recommends that local jurisdictions be able to adopt
more or less stringent amendments to the Maryland Building Performance Standards and
submit the local amendments to the Department of Housing and Community
Development for inclusion in a central automated data base that can be accessed by both
the public and private sector to obtain accurate and current information about the
building and fire code requirements in any jurisdiction in the State; and
WHEREAS, The Task Force recommends staggered effective dates for the
applicability of the Maryland Building Performance Standards to ensure that local
jurisdictions with no building code or following a national code other than BOCA receive
the necessary time and assistance to make the transition to the Maryland Building
Performance Standards; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 83B - Department of Housing and Community Development
6-101.
(a) The General Assembly of Maryland finds that the potential benefits of new
materials and techniques for building construction are not readily available to Maryland,
in part because existing building codes are so written as to preclude their use. [However,
modification of such regulations, where they exist, cannot be readily made because the
techniques and skills needed to utilize different types of building codes are beyond the
background of some of the existing officials. They cannot reasonably be expected to
enforce significantly modified regulations without additional training.] Moreover, several
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