Ch. 5

2003 LAWS OF MARYLAND

REVISOR'S NOTE: Subsection (a)(1) of this section is new language added as
the standard introductory language to a definition subsection.

Subsection (a)(2) of this section is new language added to avoid repetition
of the full title of the "Department of Housing and Community
Development".

Subsections (a)(3) and (b) through (g) of this section are new language
derived without substantive change from former Art. 83B, § 6-101.

In subsection (b)(1) of this section, the former reference to existing building
codes being "so written as to" preclude their use is deleted as surplusage.

In subsection (b)(2) of this section, the reference to the finding that several
subdivisions have no building codes to protect "the public" is substituted
for the former reference to building codes to protect "their citizens" for
clarity and accuracy. Subdivisions of the State do not have citizens; rather,
they have residents. However, this provision is broadly drafted and would
seem to be intended to cover anyone living in the community, i.e., the
public, not just "residents" of the community or subdivision.

Also in subsection (b)(2) of this section, the former reference to the
"intrusion" of unsafe, unsound, or unsanitary buildings is deleted as
surplusage.

In subsection (c) of this section, the authority to "adopt" a Model
Performance Code is substituted for the former authority to "prepare and
issue" a Model Performance Code for brevity and consistency with
language used in other revised articles. The Department has adopted a
Model Performance Code for building construction in COMAR 05.02.01.02.

In subsection (d) of this section, the former reference to the Model
Performance Code "authorized by this section" is deleted as surplusage.
Similarly, in subsection (e)(1) of this section, the former reference to the
Model Performance Code "which the Department is authorized to issue" is
deleted as surplusage.

In subsection (e)(5) of this section, the reference to the purposes for which
building codes are "enacted" is substituted for the former reference to the
purposes for which they are "drawn" for clarity.

In subsection (f)(2) of this section, the reference to the "approval" of the
Department is substituted for the former reference to "concurrence" of the
Department to use a more precise term. Consequently, in subsection (g) of
this section, the reference to "approval" of requests is substituted for the
former reference to "[concurrence" for consistency.

Also in subsection (f)(2) of this section, the former reference to "rules" is
deleted as included in the reference to "regulations". See General Revisor's
Note to article.

In subsection (f)(4)(ii) of this section, the reference to "those jurisdictions"

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