Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.50 - Model Performance Code
09.12.50.02 - Incorporation by Reference

Universal Citation: MD Code Reg 09.12.50.02

09.12.50.02. Incorporation by Reference

A. Title. These regulations shall be known and may be cited as the Model Performance Code . Except as otherwise indicated, "regulations" as used in this chapter shall mean the Model Performance Code.

B. Application.

(1) These regulations may not be binding upon any subdivision of the State unless the subdivision adopts the Model Performance Code, by law, ordinance, or resolution of its governing body referring to the Model Performance Code.

(2) For industrialized buildings approved by an approved testing facility under COMAR 09.12.52 after the effective date of these regulations:

(a) This chapter and the codes incorporated by reference apply to any approved building provided that construction begins prior to 6 months after the Department's adoption of the 2021 edition of the International Building Code; and

(b) The approved testing facility shall state in its approval letter to the Department and the manufacturer of the building:

(i) The date of approval; and

(ii) That approval will expire for a building unless construction begins prior to 6 months after Department's adoption of the 2021 edition of the International Building Code.

(3) For industrialized buildings approved by an approved testing facility under COMAR 09.12.52 prior to the effective date of these regulations, the previous version of this chapter and the 2015 International Building Code shall apply provided that construction begins prior to 6 months after the effective date of these regulations.

C. Equivalency. Nothing in the Model Performance Code is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by the Model Code, providing technical documentation is submitted to the authority having jurisdiction to demonstrate equivalency, and the system, method, or device is approved for the intended purpose.

D. The Department encourages home builders to construct new high performance homes.

(Regulation .02 amended and recodified from 05.02.01.02 effective 46:6 Md. R. 345, eff. 3/25/2019)
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