ROBERT L. EHRLICH, JR., Governor

Ch. 5

(2)      ANY PART OF THE MODEL PERFORMANCE CODE THAT RELATES TO
STRUCTURE SHALL INCORPORATE BY REFERENCE THE MARYLAND BUILDING
PERFORMANCE STANDARDS ESTABLISHED UNDER SUBTITLE 5 OF THIS TITLE.

(3)      (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, ANY PART OF THE MODEL PERFORMANCE CODE THAT RELATES TO
PLUMBING SHALL BE CONSISTENT WITH THE STATE PLUMBING CODE CURRENTLY
IN EFFECT UNDER THE MARYLAND PLUMBING ACT.

(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY TO
INDUSTRIALIZED BUILDINGS.

(4)      THE MODEL PERFORMANCE CODE SHALL ALSO INCLUDE ELEMENTS
THAT PROMOTE THE EFFICIENT UTILIZATION OF ENERGY RESOURCES.

(5)      THE MODEL PERFORMANCE CODE SHALL BE FRAMED IN TERMS OF
THE PURPOSES FOR WHICH BUILDING CODES ARE ENACTED INSTEAD OF THE
SPECIFICATIONS OF MATERIALS AND METHODS REQUIRED TO ACHIEVE THE GOALS.

(F)     DUTIES OF DEPARTMENT.

(1)      THE DEPARTMENT SHALL ADOPT REGULATIONS TO ESTABLISH
STANDARDS FOR INDUSTRIALIZED BUILDINGS.

(2)     AFTER PUBLIC HEARING, THE DEPARTMENT SHALL ADOPT
REGULATIONS TO PROHIBIT A JURISDICTION IN WHICH THE MODEL PERFORMANCE
CODE IS APPLICABLE FROM ALTERING OR MODIFYING THE MODEL PERFORMANCE
CODE WITHOUT THE APPROVAL OF THE DEPARTMENT.

(3)      THE DEPARTMENT SHALL PROVIDE AN APPEAL PROCEDURE FOR
CHALLENGES TO THE INTERPRETATION OR APPLICATION OF THE MODEL
PERFORMANCE CODE.

(4)     THE DEPARTMENT SHALL:

(I)      CONSULT REGULARLY WITH LOCAL OFFICIALS TO REVIEW THE
APPLICATION AND EFFECTIVENESS OF THE MODEL PERFORMANCE CODE IN EACH
JURISDICTION; AND

(II)     REVIEW RECOMMENDATIONS FROM LOCAL OFFICIALS FOR
CHANGES, MODIFICATIONS, OR EXCEPTIONS TO INCREASE THE EFFECTIVENESS AND
USEFULNESS OF THE MODEL PERFORMANCE CODE IN THOSE JURISDICTIONS.

(5)      THE DEPARTMENT SHALL TRAIN AND CERTIFY BUILDING CODE
ENFORCEMENT OFFICIALS IN EACH JURISDICTION WHERE THE MODEL
PERFORMANCE CODE IS IN EFFECT.

(G)     REQUESTS FOR SPECIAL PROVISIONS.

THE DEPARTMENT MAY NOT UNREASONABLY WITHHOLD APPROVAL OF
REQUESTS FOR SPECIAL PROVISIONS IN THE MODEL PERFORMANCE CODE TO MEET
LOCAL CONDITIONS.

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