Code of Maryland Regulations
Chapter 09.12.53 - Maryland Accessibility Code - Implementation

Universal Citation: MD Code Reg Implementation

A. Application.

(1) Except as set forth in § A(2) of this regulation, application and enforcement of this Code is the responsibility of the local subdivision or other governmental agency having primary jurisdiction over a building, structure, facility, or site.

(2) The application and enforcement of this Code as it pertains to State and local government buildings and facilities including public transit facilities shall be delegated as the responsibility of the governmental agency having jurisdiction over the building or facility.

B. Interpretation. The Department of Labor, Licensing, and Regulation shall decide all questions relating to interpretation of this Code and shall determine whether any requests for waivers or exemptions from this Code may be approved.

C. Actions to Enforce.

(1) Except as provided in § C(3) of this regulation, the Secretary may institute in any court of competent jurisdiction an action for equitable relief, if the Secretary determines that a violation of this Code exists.

(2) The Secretary may not institute an action under § C(1) of this regulation until 5 working days after the Secretary has sought to seek a resolution of the violation through informal mediation and conciliation.

(3) Enforcement of this Code as it pertains to a covered multifamily dwelling as defined in Regulation .05B of this chapter is also under the jurisdiction of the Human Relations Commission under Article 49B, § 22, Annotated Code of Maryland. The Department is required to cooperate with and provide technical assistance to the Human Relations Commission.

(Regulation .06 amended and recodified from effective 46:6 Md. R. 345, eff. 3/25/2019)
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