COMAR Title 29 — DEPARTMENT OF STATE POLICE

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29.01.01 Hearing Regulations

COMAR 29.01.01.01 Applicability of COMAR 28.02.01.

COMAR 28.02.01 applies to all proceedings before the Department of State Police in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after a Departmental hearing.

Cross References

29.01.04.06C

29.01.04.06D(2)

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §§10-205, 10-206, 10-208, 10-218, and 10-122; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.01.02 Exceptions.

COMAR 28.02.01 does not apply to:

A. Personnel grievance hearings, conferences, informal investigations, or other proceedings in which hearings are not required by law; or

B. Proceedings before the Department for which specific regulations governing the hearings have been adopted.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §§10-205, 10-206, 10-208, 10-218, and 10-122; Public Safety Article, §2-205; Annotated Code of Maryland

29.01.02 Public Information Requests

COMAR 29.01.02.01 General.

This chapter sets out procedures for filing requests with the Department of State Police for the inspection and copying of records under State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland.

(2) “Applicant” means a person requesting disclosure of public records.

(3) “Department” means the Department of State Police.

(4) “Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.

(5) “Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Department head is the official custodian of the Department's records.

(6) “Person” means and includes a person, corporation, partnership, firm, association, or government agency.

(7) Public Records.

(a) “Public records” means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.

(b) “Public records” includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.

(c) “Public records” does not mean sociological data, as defined in this regulation.

(8) “Secretary” means the Secretary of State Police.

(9) “Sociological data” means any of the following information concerning a person about whom a record is maintained by the Department of State Police:

(a) Social Security number;

(b) Personal address;

(c) Personal phone number;

(d) Any information obtained by a personal history investigation;

(e) Any information obtained through a doctor's examination;

(f) Any score from a GED certificate;

(g) Any transcript or information obtained from a high school, college, or other approved educational institution; and

(h) Any information regarding marital status or dependents.

(10) “Working day” means a day other than Saturday, Sunday, or a State holiday.

(11) Written Documents.

(a) “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

(b) “Written documents” does not mean sociological data, as defined in this regulation.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.03 Who May Request.

Any person may request to inspect or copy public records of the Department.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.04 Necessity for Written Request.

A. Inspections.

(1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.

(2) The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.

B. Copies. If the applicant is requesting a copy of a public record, the custodian may require a written request by the applicant.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.05 Contents of Written Request.

A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.06 Filing Written Request.

A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary of State Police.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.07 Response to Written Request.

A. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information.

B. If the custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial.

C. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.

D. With the consent of the applicant, any time limit imposed by §§A—C of this regulation may be extended for an additional period not to exceed 30 days.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.08 Notification of Persons Who May Be Affected By Disclosure.

Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.09 Records Temporarily Unavailable.

If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.10 Records Destroyed or Lost.

If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the records cannot be produced.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.11 Review of the Denial.

A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.

B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Office of Administrative Hearings in accordance with COMAR 29.01.01. The Secretary shall issue the final decision of the Department.

C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.

D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.12 Disclosure Against Public Interest.

A. If, in the opinion of the Secretary, disclosure of a public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access.

B. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.13 Fees.

A. Fee Schedule.

(1) The fee schedule for copying and certifying copies of records is provided in this section.

(2) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. The Secretary or the Secretary’s designee may charge a reasonable fee for the reproduction of photographs. If records cannot be adequately reproduced by photocopying (for example, magnetic tapes, blueprints, and microfilm), the fee for copies is based on the actual cost of reproduction.

(3) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of 75 cents per page shall be charged.

(4) Minimum Fee Charged. A charge is not made if the total amount of the fee would be $1 or less.

B. Notwithstanding §A of this regulation, if the fee for copies, printouts, photographs, or certified copies of a record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.

C. If the custodian is unable to copy a record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction direct to the facility making the copy.

D. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.

E. Except as provided in §F of this regulation, the official custodian may charge reasonable fees for official or employee time expended searching for requested records or for any time expended preparing records for inspection and copying.

F. The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

G. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.

H. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.14 Time of Inspection.

An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.02.15 Place of Inspection.

The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)
  • Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland

29.01.03 Correction or Amendment of Personal Records

COMAR 29.01.03.01 General.

A. This chapter sets out procedures to implement State Government Article, §10-625, Annotated Code of Maryland, for persons in interest to request the correction or amendment of personal records in the Department of State Police.

B. This chapter does not apply to criminal history record information as defined in Criminal Procedure Article, §10-201, Annotated Code of Maryland. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §10-224, Annotated Code of Maryland.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.02 Who May Request.

A “person in interest” as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.03 Contents of Request.

The person in interest shall request the correction or amendment in writing. Each request shall:

A. Identify the personal records the person is seeking to correct or amend;

B. State the precise correction or amendment requested;

C. State the reason the correction or amendment is sought; and

D. Include a statement that the personal records are to the person's belief currently inaccurate or incomplete.

Cross References

29.01.03.05

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.04 Filing the Request.

A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Office of the Secretary, Department of State Police, 1201 Reisterstown Road, Pikesville, Maryland 21208-3899.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.05 Return of Request.

A request for correction or amendment is considered filed with the Department when received only to the extent that it reasonably complies with Regulation .03 of this chapter. If a request does not reasonably comply with Regulation .03 of this chapter, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with the Department.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.06 Response to Request.

Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 of this chapter is received, the custodian of the record shall:

A. Make the requested correction or amendment and inform the person in writing of the action;

B. Inform the person in writing of:

(1) The Department's refusal to make the requested correction or amendment, and

(2) The reason for the refusal; or

C. Inform the person in writing that the request will not be acted on because:

(1) The person is not a person in interest,

(2) The records sought to be corrected or amended are not personal records,

(3) The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-615—10-617, Annotated Code of Maryland, or

(4) Of any other reason that is authorized by law.

Cross References

29.01.03.07

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.07 Refusal of Request.

If the Department's final determination under Regulation .06 of this chapter is to refuse the requested correction or amendment, as authorized by Regulation .06B of this chapter, the person in interest may file with the Department a concise statement of the reasons for:

A. The requested correction or amendment; and

B. Disagreement with the Department's refusal to make the correction or amendment.

Cross References

29.01.03.08

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.08 Requirements for Statement of Disagreement.

The statement specified in Regulation .07 of this chapter shall be filed on pages not exceeding 8-1/2 x 11 inches in size. Only one side of the page shall contain the statement. Not more than 5 pages will be accepted by the Department in connection with a single request for correction and amendment.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.09 Information Provided to Third Parties.

When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations .07 and .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.

Cross References

29.01.03.10A(3)

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland
COMAR 29.01.03.10 Administrative Review.

A. A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied:

(1) An amendment or correction of a record;

(2) The right to file a statement; or

(3) The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter.

B. A request for review shall be filed within 30 days of the date the person is advised of the Department's action.

C. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and the administrative hearing regulations of the Department outlined in COMAR 29.01.01.

History

  • Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 295)
  • Authority: State Government Article, §10-613; Public Safety Article, §2-205; Annotated Code of Maryland

29.01.04 Hazardous Material Security

COMAR 29.01.04.01 Purpose.

This chapter establishes the procedures to enforce compliance by a facility with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, and COMAR 26.27.01.

History

  • Administrative History: Effective date: March 3, 2014 (41:4 Md. R. 306)
  • Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland
COMAR 29.01.04.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrative law judge” has the meaning stated under COMAR 28.02.01.02B(1).

(2) “Civil penalty” means a statutorily authorized monetary penalty imposed for a violation of a statute or regulation.

(3) “Department” means the Department of State Police.

(4) Facility.

(a) “Facility” means a location in the State in which a hazardous material is stored, dispensed, used, or handled.

(b) “Facility” does not include:

(i) A railroad, rail train, or rail car regulated under 49 U.S.C. Subtitle IV, Part A; or

(ii) A retail distributor whose principal business is to sell or offer for sale, at the retail level, commercial fertilizer intended for agricultural use.

(5) “Hearing” means a contested case hearing, as defined by the Administrative Procedure Act, State Government Article, §§10-201—10-227, Annotated Code of Maryland.

(6) “Person” means a person who owns, operates, maintains, or causes to operate or maintain a facility in this State.

(7) “Referring Agency” means the Department of the Environment.

(8) “Secretary” means the Secretary of the Department of State Police.

(9) “State” means the State of Maryland.

History

  • Administrative History: Effective date: March 3, 2014 (41:4 Md. R. 306)
  • Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland
COMAR 29.01.04.03 Written Referral for Enforcement.

A. If the Referring Agency, through an audit, inspection, or investigation, determines that a facility is not in compliance with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, or COMAR 26.27.01, the Referring Agency shall refer each violation to the Department for enforcement.

B. The Referring Agency’s written referral shall:

(1) Include the name, address, and telephone number of the authorized representative from the Referring Agency;

(2) Be signed by an authorized representative of the Referring Agency and dated;

(3) Contain the following identification on the facility:

(a) Full name and address; and

(b) Name of owner or operator, or both; and

(4) Advise the Department of the following:

(a) Specific violations;

(b) Brief statement of facts; and

(c) Statement of the law upon which a violation is based.

History

  • Administrative History: Effective date: March 3, 2014 (41:4 Md. R. 306)
  • Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland
COMAR 29.01.04.04 Notice of Violation.

A. Upon receipt of the Referring Agency’s written referral, the Secretary shall give notice of the violation and civil penalty assessed against a facility to a person by any method allowed for service of a summons under the Maryland Rules.

B. The notice of violation shall contain:

(1) Factual description of each violation;

(2) Civil penalty imposed;

(3) Statement of law or regulation on which each violation is based; and

(4) Appeal procedures.

C. Records deemed confidential by law shall be handled as confidential.

History

  • Administrative History: Effective date: March 3, 2014 (41:4 Md. R. 306)
  • Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland
COMAR 29.01.04.05 Enforcement and Penalty.

A. In addition to any other remedies available by law or in equity, the Department may impose a civil penalty against a person who violates the Hazardous Material Security Act, Title 7, Subtitle 7 of the Annotated Code of Maryland, or COMAR 26.27.01.

B. The civil penalty may not exceed $1,000 per violation.

C. Each day a violation occurs is a separate offense.

D. A civil penalty imposed is payable to the Maryland Community Right-to-Know Fund under COMAR 26.26.01 and collected in a manner provided at law for the collection of debts.

E. The Department may refer debts to the Central Collection Unit of the Department of Budget and Management in accordance with State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland.

F. If a person who is liable to pay a penalty fails to pay after a demand for penalty is made by the Department, the amount, together with any interest and any costs that may accrue, shall be:

(1) A lien in favor of the State on a property, real or personal, of the person; and

(2) Recorded in the office of the clerk of court for the county where the property is located.

History

  • Administrative History: Effective date: March 3, 2014 (41:4 Md. R. 306)
  • Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland
COMAR 29.01.04.06 Appeal Process and Hearing.

A. After receiving written notice from the Department of the violation and penalty assessed against the facility, a person may submit a written appeal to the Secretary within 30 calendar days from receipt of the written notice of violation.

B. If a person fails to submit a written appeal to the Department within 30 calendar days of receipt of the written notice of violation, the person is deemed to have waived all rights to an appeal and the proposed action and assessed civil penalty shall both become final.

C. If the person timely submits a written appeal to the Secretary, the Secretary will transfer the written appeal to the Office of Administrative Hearings for a hearing in accordance with the Department’s administrative hearing regulations under COMAR 29.01.01.01.

D. A hearing before an Administrative Law Judge of the Office of Administrative Hearings shall be conducted in accordance with the following:

(1) Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland;

(2) The Department’s administrative hearing regulations under COMAR 29.01.01.01;

(3) The Rules of Procedure of the Office of Administrative Hearings under COMAR 28.02.01; and

(4) This chapter.

History

  • Administrative History: Effective date: March 3, 2014 (41:4 Md. R. 306)
  • Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland

29.01.05 Petition for Declaratory Ruling

COMAR 29.01.05.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Declaratory ruling” means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts.

(2) “Department” means the Department of State Police.

(3) “Person” means:

(a) An individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind;

(b) A partnership, firm, association, corporation, or other entity; and

(c) A political subdivision of the State or an instrumentality of a political subdivision.

(4) “Promulgating authority” means the promulgating authority’s designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§10-101—10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§10-201—10-207, Annotated Code of Maryland.

(5) “Secretary” means the Secretary of the Department of State Police.

History

  • Administrative History: Effective date: April 27, 2015 (42:8 Md.R. 608)
  • Authority: State Government Article, §§10-301—10-305, Annotated Code of Maryland
COMAR 29.01.05.02 Who May File.

Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit.

History

  • Administrative History: Effective date: April 27, 2015 (42:8 Md.R. 608)
  • Authority: State Government Article, §§10-301—10-305, Annotated Code of Maryland
COMAR 29.01.05.03 Where to File.

A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the Secretary of the Department of State Police for consideration and disposition.

History

  • Administrative History: Effective date: April 27, 2015 (42:8 Md.R. 608)
  • Authority: State Government Article, §§10-301—10-305, Annotated Code of Maryland
COMAR 29.01.05.04 Petition Format.

A. A petition for Declaratory Ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall describe in detail:

(1) The interest of the petitioner in making the request;

(2) The issues involved;

(3) A statement of the facts;

(4) A list of documents or statements the petitioner believes should be considered; and

(5) A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person’s knowledge and belief.

B. A petition for Declaratory Ruling shall include the petitioner’s:

(1) Name;

(2) Address;

(3) Telephone number;

(4) E-mail address; and

(5) Facsimile number, if available.

History

  • Administrative History: Effective date: April 27, 2015 (42:8 Md.R. 608)
  • Authority: State Government Article, §§10-301—10-305, Annotated Code of Maryland
COMAR 29.01.05.05 Consideration and Disposition.

A. The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested. The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.

B. As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby, entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time.

C. The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling.

History

  • Administrative History: Effective date: April 27, 2015 (42:8 Md.R. 608)
  • Authority: State Government Article, §§10-301—10-305, Annotated Code of Maryland

29.02.01 Vehicle Inspection

COMAR 29.02.01.01 Certification of Safety Equipment Repair Orders.

Visual Inspection and Certification of Safety Equipment Repair Orders. In accordance with Transportation Article, §23-105, Annotated Code of Maryland, the Automotive Safety Enforcement Division of the Department of State Police has established the following procedures for visual inspection and certification of certain equipment and mechanism defects on certain types of State-registered motor vehicles or trailers by the State Police and police departments.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.02 Defects Which May Be Certified by Visual Inspection.

A. The following guidelines have been established to provide the owner of any vehicle with a means of having certified by police departments, instead of an authorized inspection station, safety equipment repair orders which contain only the defects or combination of defects listed below:

(1) 54—Windshield wipers;

(2) 55—Headlights, but not for aim;

(3) 56—Taillights;

(4) 57—Horn;

(5) 60—Bumper(s)/rear protector frames;

(6) 61—Glass;

(7) 62—Load cover;

(8) 64—Stoplights;

(9) 65—Tag light(s);

(10) 66—Dash lights;

(11) 68—Rearview mirrors;

(12) 69—Door latch/handle;

(13) 70—Fuel system, cap only;

(14) 71—Turn signals;

(15) 73—Hood/catch(es);

(16) 76—Fender(s) flaps;

(17) 78—Hazard warning lamps;

(18) 79—Parking lamps;

(19) 80—Side marker lamps;

(20) 82—Emergency warning lamps;

(21) 83—Back-up lamps;

(22) 84—Reflectors;

(23) 86—Low air warning device;

(24) 87—Clearance lamps;

(25) 88—Identification lamps.

B. The Commercial Vehicle Enforcement Division of the State Police will certify visual defects on commercial vehicles over 10,000 pounds GVW only during operational hours at scale houses.

C. Certification of Post-Manufacture Window Tinting.

(1) Except as noted in §C(2) of this regulation, the Department of State Police will no longer certify post-manufacture window tinting. The certification of post-manufacture window tinting shall only be done at authorized inspection stations for that class of vehicle by a registered inspection mechanic.

(2) The inspection and certification of post-manufacture window tinting involving a medical exemption shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.03 State Police Certification.

A. Visual inspection and certification of the defects shall be conducted at all State Police installations.

B. Due to limited parking and traffic conditions, Barrack M, JFK Highway, is excluded from these procedures.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.04 Other Police Department Certification.

Visual inspection and certification of the defects will be conducted by all local police departments desiring to participate in the program.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.05 Defects Other Than Those Listed.

If a repair order contains any of the defects listed above and any other defect, the vehicle owner or agent shall be advised that certification shall be performed by an authorized inspection station for that class of vehicle.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.06 Inspection and Certification Procedures.

All the inspections and certifications shall be performed at the installation and as follows:

A. State Police Certification.

(1) Certification shall be performed by adequately trained State Police personnel. If any ASED police personnel are at an installation, they will conduct, upon request, the inspections and certifications.

(2) All certifications shall be conducted only during daylight hours. Certifications may not be conducted during inclement weather.

(3) Upon determining that the equipment or mechanism has been repaired and is in compliance with established safety standards, the certification portion of the repair order will be completed as follows:

(a) The signature of the member certifying the repair orders will be entered in the space for the signature of the registered mechanic or police officer;

(b) The date of inspection will be the date of the actual certification and physical inspection;

(c) The name of the inspection station will be Department of State Police;

(d) The station number or agency code will be the location designator assigned to the installation;

(e) The address of the inspection station will be the installation name.

(4) After certification:

(a) The No. 3 (inspection station/police department) copy will be retained by the installation and routinely forwarded to the Automotive Safety Enforcement Division;

(b) The No. 4 (owner/agent) copy will be returned to the vehicle owner or agent for his records;

(c) The No. 5 (State Police Compliance) copy will be returned to the vehicle owner or agent to be forwarded to the Automotive Safety Enforcement Division.

B. Local Police Department Certification.

(1) Certification should be performed by adequately trained personnel.

(2) At the discretion of the Department, any internal reporting procedures may be followed.

(3) All certifications shall be conducted only during daylight hours. Certifications may not be conducted during inclement weather.

(4) Upon determining whether the equipment or mechanism has been repaired and is in compliance with safety standards, the certification portion of the repair order will be completed as follows:

(a) The signature of the member certifying the repair orders will be entered in the space for the signature of the registered mechanic or police officer;

(b) The date of inspection will be the date of the actual certification and physical inspection;

(c) The name of the inspection station will be the name of the police department;

(d) The station number or agency code will be the location designator assigned to the department;

(e) The address of the inspection station will be the address of the installation.

(5) After certification:

(a) The No. 3 (inspection station/police department) copy will be retained by the installation and routinely forwarded to the Automotive Safety Enforcement Division;

(b) The No. 4 (owner/agent) copy will be returned to the vehicle owner or agent for his records;

(c) The No. 5 (State Police Compliance) copy will be returned to the vehicle owner or agent to be forwarded to the Automotive Safety Enforcement Division.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.07 Defect 54—Windshield Wipers (Not Applicable to Motorcycles or Trailers).

A. The windshield wipers shall be inspected for:

(1) Operation;

(2) Control;

(3) Condition of blades and arms; and

(4) Any missing part.

B. Do not certify if:

(1) The wipers are inoperative or cannot be controlled or operated by the driver;

(2) There is an arm broken or missing;

(3) There is insufficient tension on the arm to hold the blade against windshield;

(4) The blades are excessively worn or deteriorated and do not clean the windshield;

(5) The wipers are incapable of cleaning the original arc on the windshield; or

(6) The arms fail to return to park position.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.08 Defects.

A. Defects:

(1) 55—Headlights;

(2) 56—Taillights;

(3) 64—Stoplights;

(4) 65—Tag light(s);

(5) 78—Hazard warning lamps;

(6) 79—Parking lamps;

(7) 80—Side marker lamps;

(8) 82—Emergency warning lamp;

(9) 83—Back-up lamps;

(10) 87—Clearance lamps;

(11) 88—Identification lamps.

B. Lamps shall be of an approved type and inspected for:

(1) Proper function;

(2) Aiming—except headlights;

(3) Mounting;

(4) Cracked or broken lenses.

C. Do not certify if:

(1) Vehicle is not equipped with minimum lamps required by State law (see Regulation .22, Diagrams 1—6);

(2) Any bulb in a lamp required to be inspected fails to function properly;

(3) There are improperly connected circuits;

(4) A lens is incorrectly installed;

(5) A lens is cracked, broken, or damaged to the point that any portion of the lens is missing or cracked to a degree that a light contrary to law is exhibited (white light to the rear);

(6) A lens marked left or right is not properly installed;

(7) A lens is rotated, upside down or wrong side out;

(8) Any lens does not correspond with the name stamped on the light body unless it is an approved type;

(9) A lens is obscured or shielded by a nontransparent material or headlamp equipped with after-market clear, tinted, or screen-type cover;

(10) Any lamp is not securely attached to the vehicle;

(11) Any lamp is emitting a color contrary to the provisions of the Transportation Article, Annotated Code of Maryland (taillights shall be red, stoplights shall be red or amber, tag lights shall be white);

(12) Any lamp or lens is turned so that its light is not properly directed;

(13) Any lamp, lens, or reflector is not of an approved type;

(14) Back-up lamp operates when vehicle is in forward gear; or

(15) Back-up lamp not lit when in reverse gear.

D. The use of tape or paint is not an approved method of repair for a cracked, broken, or damaged lens referenced in §C(5) of this regulation.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.09 Defect 57—Horn (Not Applicable to Trailers).

A. The horn shall be inspected for mounting and sound and have a means of sounding which is readily accessible to the operator.

B. Do not certify if the horn:

(1) Is loose;

(2) Fails to function;

(3) Produces a loud or harsh sound;

(4) Is not equipped with an actuating device within arm's reach of the operator.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.10 Defect 60—Bumpers, Rear Protector Frame (Not Applicable to Motorcycles).

A. Bumpers shall be inspected for broken or missing parts, abnormal protrusions, and sharp edges or conditions that could be hazardous to persons.

B. The bumpers shall be securely mounted to the vehicle and shall be capable of absorbing a reasonable degree of impact.

C. Bumpers shall be the original equipment or equivalent to it and extend to the extreme sides of the vehicle.

D. Bumper extensions or modifications to compensate for suspension changes are not acceptable on:

(1) Class A passenger vehicles;

(2) Class M multipurpose vehicles;

(3) Mandatory front bumpers of class E 1/2 and 3/4 ton trucks; and

(4) Rear bumpers of class E 1/2 and 3/4 ton trucks, even though rear bumpers are not required on this type of truck.

E. Each truck with a gross vehicle weight registered over 10,000 pounds, except truck tractors and vehicles engaged in drive-away/tow-away operations, and every trailer or semitrailer with a gross weight of 3,000 pounds or more to be operated upon a highway shall be equipped with a permanent metal frame or bumper attached to the underside of the rear of the vehicle. The bumper or rear protector frame may not be any wider than the width of the vehicle. It may not be more than 30 inches above the highway when moving, and shall be constructed of heavy gauge steel. The maximum transverse distance from the widest part of the vehicle at the rear to the frame or bumper may not exceed 18 inches. The frame shall be constructed so as not to interfere with lights or other warning devices.

F. Any truck, trailer, or semitrailer so constructed and maintained that the body, chassis, or other parts of it afford the protection required by this regulation shall be considered to be in compliance with this regulation.

G. The provisions of this regulation may not apply to truck tractors, pole trailers, vehicles engaged in drive-away/tow-away operations, or to vehicles where the installation of the required frame would prevent operation of the vehicle in its designed use.

H. Do not certify if:

(1) The bumpers are broken or missing;

(2) There are abnormal protrusions or conditions which could be hazardous to persons;

(3) The bumpers are not mounted securely or capable of absorbing a reasonable degree of impact;

(4) The bumpers are not the original equipment or equivalent, or do not extend the full width of the vehicle except that front bumpers on vehicles over 10,000 pounds gross vehicle weight registered, except school vehicles, need not extend to extreme sides of the vehicle;

(5) The bumpers are modified or extended to compensate for suspension changes or modifications (applicable to class A passenger, class M multipurpose, and class E 1/2 and 3/4 ton trucks);

(6) The bumpers or the vehicle frame side rail are higher from the ground than 20 inches for class A passenger vehicles;

(7) The bumpers or the vehicle frame side rail are higher from the ground than 28 inches for class E 1/2 and 3/4 ton trucks and class M vehicles (if class E 1/2 or 3/4 ton trucks do not have a rear bumper then the bottom of the frame side rails may not be higher from the ground than 28 inches);

(8) Trailers or semitrailers are not equipped with a rear protector frame as required;

(9) The bumper, rear protector frame, or the vehicle frame side rail is higher from the ground than 30 inches for trucks and multipurpose passenger vehicles with a gross vehicle weight registered over 10,000 pounds and trailers and semitrailers with a gross weight of 3,000 pounds or more; or

(10) On a truck used for spraying agriculture crops, the bumper, rear protector frame, or the vehicle frame side rail is higher from the ground than 32 inches.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.11 Defect 61—Glass (Not Applicable to Trailers).

A. Vehicle Glazing — Windshield, Side and Rear Windows.

(1) All glazing material shall be checked for the manufacturer's trademark and the words “American Standard” or the letters “AS” followed by a number indicating the positions in the vehicle in which the material may be used. Reference American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways — Safety Standard, Standard ANSI/SAE Z26.1-1996, Approved by American National Standards Institute (August 11, 1997).

(2) All glass used in the windshield shall be marked AS-1, in addition to the trademark or name of the manufacturer. AS-2 glass may be used in any other position on the vehicle other than the windshield. In some earlier models or foreign cars, the windshield marking does not contain the designation AS-1. However, if the windshield glass is approved by the U.S. D.O.T. for highway use, it shall be acceptable under these standards.

(3) Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.

B. Definitions.

(1) “Acute area” means that windshield area 8 inches wide by 5 inches high located directly in front of the driver, centered vertically on the steering wheel of the vehicle and horizontally in the center of the critical area.

(2) “Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.

(3) “Critical area” means the normal windshield wiper sweep, except the area obscured by the hood, fenders, or rearview mirror.

(4) “Discoloration” means a condition which impairs the transparency of the glazing.

(5) “Noncritical area” means all windshield area outside the critical area.

(6) “Normal windshield wiper sweep” means the area of the windshield cleaned by the windshield wiper, excluding the return position on both passenger’s and driver’s sides.

C. Windshield — Driver's Side. Do not certify if:

(1) Cloudiness exceeds 1 inch from the top or side or 1 inch into the critical area from the bottom or, if the windshield is divided, exceeds 1/2 inch from the center divider;

(2) The acute area contains any one crack, nick, pit, chip, star break, half moon, or bull's-eye fracture in excess of 1/4 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons, or bull's-eye fractures which cumulatively exceed 1/4 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision;

(3) The critical area contains wiper blade scratches which are severe enough to distort vision, or any one crack, nick, pit, chip, star break, half moon, or bull's-eye fracture in excess of 1/2 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons, or bull's-eye fractures which cumulatively exceed 1/2 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area; or

(4) The noncritical area contains any intersecting cracks or any one crack or combination of individual cracks extending inward more than 2 inches separately or cumulatively from the outer frame on flat or curved windshields or over 4 inches on wraparound windshields, or any one crack, nick, pit, chip, star break, half moon, or bull's-eye fracture in excess of 3/4 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons, or bull's-eye fractures which cumulatively exceed 3/4 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area.

D. Windshield — Passenger's Side. Do not certify if:

(1) Cloudiness exceeds 2 inches from the top or side or extends more than 2 inches into the critical area from the bottom or, if the windshield is divided, exceeds 1/2 inch from the center divider;

(2) The critical area contains wiper blade scratches which are severe enough to distort vision, or any one crack, nick, pit, chip, star break, half moon, or bull's-eye fracture in excess of 1/2 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons, or bull's-eye fractures which cumulatively exceed 1/2 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area;

(3) The noncritical area contains any intersecting cracks or any one crack or combination of individual cracks extending inward more than 4 inches separately or cumulatively from the outer frame on flat or curved windshields or over 6 inches on wraparound windshields, or any one crack, nick, pit, chip, star break, half moon, or bull's-eye fracture in excess of 1-1/2 inches in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons, or bull's-eye fractures which cumulatively exceed 1-1/2 inches in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area.

E. The windshield and all windows shall be inspected for cracks, sharp edges, obstructions, discoloration, modification, unauthorized material, proper glazing material, and conditions which interfere with vision. Do not certify if:

(1) There are breaks, cracks, discolorations, modifications, or scratches in the windshield (see Regulation .22, diagram 7);

(2) The window on the driver's side of the vehicle does not open and close as designed;

(3) Any window shows sharp edges, is badly scratched, broken, discolored, modified, has been replaced with other than proper safety glazing material, or shows conditions which interfere with vision;

(4) Posters, stickers, or other nontransparent materials on the windshield or other windows of the vehicle are in violation of the following:

(a) Except as provided in §E(4)(b) of this regulation, a vehicle may not be equipped with any sign, poster, card, sticker, or other nontransparent material on the windshield, side wings, or side or rear windows of the vehicle.

(b) This does not apply to:

(i) Materials placed on the windshield or rear window, within a 7-inch square area in the lower corner, or on the side windows of the vehicle to the rear of the driver, if the materials are placed so as not to interfere with the driver’s clear view of traffic;

(ii) Direction, destination, or termini signs on any passenger common carrier motor vehicle;

(iii) An electronic toll collection device placed in the windshield of a vehicle in accordance with guidelines established by the Maryland Transportation Authority; or

(iv) Security stickers authorized by a federal or State government agency that measure not more than 2 inches high and not more than 4 inches long, and are placed at the upper edge of the center of the windshield;

(c) All vehicles equipped with permitted signs, posters, cards, stickers or other nontransparent materials on windows to the rear of the driver must be equipped with an outside rearview mirror on each side; or

(5) The vehicle is designed to obstruct visibility and is not equipped with an outside rearview mirror on both sides.

F. Tinting.

(1) Except as noted in §F(2) of this regulation, the certification of post-manufacture window tinting shall only be performed at authorized inspection stations for that class of vehicle by a registered inspection mechanic.

(2) The inspection and certification of post-manufacture window tinting involving a medical exemption shall be referred to the Automotive Safety Enforcement Division of the Department of State Police. Regulations governing the application of post-manufacture window tinting on vehicles and the requirements for a medical exemption are listed in §F(3)—(7) of this regulation.

(3) Post-manufacture window tint is acceptable on the following vehicles in the listed locations:

(a) Passenger cars, convertibles, and station wagons:

(i) All side and rear windows of these vehicles are regulated windows requiring at least 35 percent light transmittance after the application of post-manufacture window tint and the vehicle is equipped with an outside rearview mirror on each side.

(ii) Post-manufacture window tint may not be applied to the windshield below the AS1 line or below 5 inches from the top of the windshield, whichever is less.

(b) Light trucks, vans, and multipurpose passenger vehicles except multipurpose passenger vehicles noted in §F(4) of this regulation:

(i) All side windows of these vehicles to the immediate right and left of the driver are regulated windows requiring at least 35 percent light transmittance after the application of post-manufacture window tint.

(ii) Post-manufacture window tint may not be applied to the windshield below the AS1 line or below 5 inches from the top of the windshield, whichever is less.

(iii) Windows of these vehicles to the rear of the driver may be tinted with post-manufacture window tint to any degree of darkness.

(iv) When equipped with permitted post-manufacture window tint on any side or rear window, the vehicle must be equipped with an outside rearview mirror on each side.

(4) Post-manufacture window tint is prohibited on the following vehicles in the listed locations:

(a) The application of post-manufacture window tint to the windshield or windows to the immediate right and left of the driver is prohibited on the following vehicles:

(i) Trucks over 10,000 pounds GVWR, truck tractors, and buses;

(ii) Multipurpose passenger vehicles which have a seating capacity for 16 or more passengers including the driver, or were previously registered as a school vehicle or a passenger bus, and used to primarily transport passengers, or exceed 10,000 pounds GVWR and are used in the furtherance of a commercial enterprise; and

(iii) Limousines.

(b) Windows of these vehicles to the rear of the driver may be tinted with post-manufacture window tint to any degree of darkness provided the vehicle is equipped with an outside rearview mirror on each side.

(5) The application of post-manufacture window tint is prohibited on all windows and the windshield of a school vehicle.

(6) The following post-manufacture window tint is prohibited on any window or windshield of any vehicle:

(a) A mirrored, one-way vision, or sparkling effect tint;

(b) A red, yellow, or amber color tint; or

(c) Changes to a red, yellow, or amber color tint.

(7) Medical Exemption. Transportation Article, §22-406, Annotated Code of Maryland, provides an exemption for a person who must be protected from the sun for medical reasons from having a light transmittance of at least 35 percent on regulated windows equipped with post-manufacture window tint. The law requires the owner to have, in the vehicle at the time the vehicle is stopped by a police officer, a written certification that details the owner’s medical need for tinted windows, from a physician licensed to practice medicine in the State. A vehicle owner whose vehicle is undergoing an inspection, or has been issued a safety equipment repair order for defect #61 “TINT”, and indicates to the authorized inspection station their compliance with a medical exemption, shall be referred to the Automotive Safety Enforcement Division of the Department of State Police for examination of the vehicle owner’s medical documentation and the vehicle’s post-manufacture window tint. If the owner meets the requirements specified in Transportation Article, §22-406, Annotated Code of Maryland, for the medical exemption and the vehicle is compliant with all post-manufacture window tinting regulations in this chapter, excluding the light transmittance requirement of regulated windows equipped with post-manufacture window tint, the Division shall be authorized to certify the safety equipment repair order for defect #61 “TINT”. A medical exemption is not applicable to vehicles listed in §F(4) and (5) of this regulation.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.12 Defect 62—Load Cover.

A. Covers shall be inspected for presence, size, condition, and proper mounting.

B. Securement hardware shall be inspected for presence and condition.

C. Do not certify if the cover:

(1) Is missing;

(2) Does not fully cover the top of the vehicle bed;

(3) Contains a hole, rip, tear, or broken mesh which would permit any part of the load to blow, fall, or spill from the bed;

(4) Is not securely attached to the bed.

D. Do not certify the load cover if the securement hardware is missing, broken, or damaged.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.13 Defect 66—Dash Lights (Not Applicable to Trailers).

A. Dash lights shall be of an approved type and inspected for proper function and illumination of operational instruments.

B. Do not certify if:

(1) Any bulb in a lamp required to be inspected fails to function properly;

(2) There are improperly connected circuits;

(3) The instrument panel is not lighted sufficiently to permit the operator to view the operational instruments of the vehicle.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.14 Defect 68 — Rearview Mirror (Not Applicable to Trailers).

A. Mirrors shall be inspected for mounting and providing proper view to the rear.

B. Do not certify if the inside mirror:

(1) Is loosely mounted;

(2) Does not provide a clear view of the highway at least 200 feet to the rear;

(3) Is cracked, broken, has sharp edges, or is clouded to the extent that rear vision is obscured;

(4) Is very difficult to adjust or will not maintain a set adjustment.

C. Do not certify if the outside mirror:

(1) Is loose enough that rear vision is impaired;

(2) Is obscured by the windshield pillar;

(3) Is cracked, pitted, or clouded to the extent that rear vision is obscured.

D. Do not certify a motorcycle if it is not equipped with two rearview mirrors, one on left and one on right handlebar, with a reflective area of at least 7 square inches each. Mirrors on 1978 or newer motorcycles with a plane surface shall have at least 12.5 square inches of reflective surface or, if convex, at least 10 square inches of reflective surface. The mirrors shall be securely mounted, regular in shape (circular, oval, rectangular, or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.15 Defect 69—Door Latch and Door Handle (Not Applicable to Motorcycles or Trailers).

A. A door latch and door handle shall be inspected for:

(1) Operation;

(2) Ability to work freely and cleared of obstruction; and

(3) Ability to hold the door tightly closed.

B. Electric push button or ring and cable means of opening the door are acceptable provided they are readily accessible.

C. Do not certify if:

(1) The door handles are missing;

(2) The latches are inoperative;

(3) The door has broken hinges;

(4) The doors are wired or held closed by any means not equivalent to the original design.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.16 Defect 70—Fuel System (Applicable to Fuel Tank Cap Only).

A. The fuel tank cap shall be inspected for proper fit.

B. Do not certify if the:

(1) Fuel tank cap is not a proper fit; or

(2) Fuel tank cap is missing.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.17 Defect 71—Turn Signals.

A. Directional signals shall be of an approved type and inspected for functioning, mounting, color, and positioning. This includes motorcycles if equipped with signals. Motorcycles manufactured after January 1973 shall be equipped with turn signals.

B. Do not certify if:

(1) The lamp is not an approved type;

(2) The lamp is not in an approved position (see Regulation .22, diagrams 1—6):

(3) The lamp is not functioning properly;

(4) The lamp is not properly directed;

(5) The lamp is not clearly visible;

(6) The lamp has a cracked or broken lens;

(7) The operating system is not of an approved type;

(8) The operating system is not functioning properly;

(9) A self-cancelling mechanism does not function properly;

(10) A 1962 or newer model is not equipped with approved turn signals.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.18 Defect 73—Hood and Hood Catches (Not Applicable to Trailers and Motorcycles).

A. Hood and hood catches shall be inspected for:

(1) Coverage of engine compartment;

(2) Attachment to the vehicle;

(3) Height of air scoop;

(4) Type of latch and keeper; and

(5) Operating condition of same.

B. Do not certify if:

(1) The hood does not cover at least the top of the engine compartment;

(2) The hood is attached by a means other than the original design or equivalent;

(3) The air scoop or bubble is higher than 1/3 the vertical height of the windshield (see Regulation .22, diagram 8);

(4) The hood latch or keeper is not original equipment or equivalent;

(5) The hood is not equipped with a safety latch;

(6) The latch or keeper is not in proper operating condition;

(7) The latch fails to hold the hood securely closed.

C. An acceptable hood latch or keeper is a stud and safety pin type that requires pressure to be applied to remove the pin.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.19 Defect 76—Fenders and Flaps.

A. Fenders shall be securely attached to the vehicle and inspected for:

(1) Tears;

(2) Sharp or jagged edges;

(3) Sufficient coverage of the wheel and tire, both from the body outward and to the front and rear of tires and wheels.

B. Buses or commercial motor vehicles, including semitrailers and trailers, shall be equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

C. This regulation may not apply to:

(1) Any farm tractor;

(2) Any vehicle registered as a farm truck;

(3) Uncoupled truck tractors;

(4) Pole trailers; or

(5) Other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle (see Regulation .22, diagrams 9—11).

D. Do not certify if:

(1) The fender has tears, sharp or jagged edges;

(2) The fender is not securely fastened to the body;

(3) The fender does not extend outward from the body to cover the top of the wheel and tire;

(4) The rear of all fenders does not extend downward to the horizontal centerline of the wheel (extreme bottom edge of fender or rear quarter panel);

(5) The front of all fenders does not extend forward to at least within a 45-degree angle of the horizontal centerline;

(6) Fenders have been extended downward to compensate for suspension modifications;

(7) A motorcycle rear fender is improperly mounted or missing (front fender is not required);

(8) A commercial vehicle or trailer is not equipped with flaps as required.

E. Fenders may be extended outward to compensate for tire or wheel changes provided the extension:

(1) Provides required coverage of wheels and tires;

(2) Is constructed of substantial materials;

(3) Is securely attached to the fenders;

(4) Has all edges rolled to eliminate sharp or jagged edges.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.20 Defect 84—Reflectors.

A. Every motor vehicle, trailer, and semitrailer shall be equipped on the rear with two or more red reflectors in addition to, or as a part of, the tail lamps. However, motorcycles need only be equipped with one reflector. Buses and trucks, trailers, and semitrailers 80 inches or more in overall width shall also be equipped on each side with two reflectors: one amber at or near the front, and one red at or near the rear. Motor vehicles, trailers, semitrailers, and pole trailers 30 feet or more in overall length shall be equipped on each side with one amber reflector centrally located with respect to the length of the vehicle. Pole trailers shall be equipped with one amber reflector at or near the front of the load.

B. Do not certify if the reflector is missing, broken, or obscured from view.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.21 Defect 86—Low Air Warning Device.

A. This regulation is applicable to all vehicles equipped with an air braking system.

B. The warning device, or devices, shall signal low air pressure in the braking system.

C. Do not certify if a warning device fails to function when air pressure falls below 60 psi.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland
COMAR 29.02.01.22 Diagrams.

See Diagram 1

See Diagram 2

See Diagram 3

See Diagram 4

See Diagram 5

See Diagram 6

See Diagram 7

See Diagram 8

See Diagram 9

See Diagram 10

See Diagram 11

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .02A amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .03B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .06 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .08A and B amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .10E, F, G, and H amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .11A and E amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .18 amended effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: Regulation .19 adopted effective October 3, 1988 (15:20 Md. R. 2334)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective October 25, 1993 (20:21 MD. R. 1655)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.01 to 29.02.01, July 1994
  • Administrative History: Regulation .01 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .02C adopted effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .02C amended effective September 30, 2002 (29:19 Md. R. 1526); February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .06 amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .10H amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .11 amended effective February 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .11C, F amended effective August 28, 1995 (22:17 Md. R. 1322)
  • Administrative History: Regulation .14D amended effective February 1, 2012 (39:1 Md. R. 21)
  • Authority: Transportation Article, §23-105, Annotated Code of Maryland

29.02.02 Motor Vehicle Accident Reports

COMAR 29.02.02.01 Copies of Police Investigated Accident Reports.

A. In accordance with the provisions of Public Safety Article, §2-308, Annotated Code of Maryland, the following procedures will prevail concerning the conditions under which reports of specific motor vehicle accidents may be made available upon request to the public.

B. To allow a reasonable time for reports from the field to be received and processed by the Central Records Division, requests for copies of the reports will not be considered until at least 20 days after the date of the accident. Requests received before this time interval may be returned to the sender.

C. Copies of State Police investigated accident reports may be obtained either through the Central Records Division or reviewed at the installation in the area of the occurrence. To allow a reasonable time for reports to be received and processed, requests for review of the reports at the installation in the area of the occurrence will not be considered until at least 5 days after the date of the accident. Requests received before this time interval will be denied.

D. Requests for copies of accident reports shall be accompanied by a self-addressed stamped envelope along with a nonrefundable check or money order in the amount of $4 for conducting each document search being requested, payable to the Maryland State Police. Any check or money order received by the Maryland State Police that is not for the exact amount of the transaction, or a check or money order that is made payable to an agency other than the Maryland State Police will be returned.

E. The following information shall be furnished on all requests:

(1) Exact date of the accident;

(2) Driver's name (exact spelling);

(3) If a fatal accident, deceased's name (exact spelling);

(4) Pedestrian or bicyclist's name;

(5) County;

(6) Route number; and

(7) Date of accident and MAARS report number, if known.

History

  • Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .01B—E amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .01C—E amended effective December 6, 1993 (20:24 Md. R. 1865)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.02 to 29.02.02, July 1994
  • Administrative History: Regulation .01D amended effective February 8, 1999 (26:3 Md. R. 176)
  • Authority: Public Safety Article, §2-308, Annotated Code of Maryland

29.02.03 Commercial Vehicle Enforcement Division

COMAR 29.02.03.01 Law Enforcement Weighing of Vehicles.

A. Application. This regulation governs the method for obtaining various weights of vehicles, as required by the Transportation Article, Annotated Code of Maryland, and as accomplished by law enforcement officers in the State, when using wheel load weighers, axle-load scales, and vehicle scales.

B. Definitions.

(1) “Axle-load scale” means a scale, permanently installed in a fixed location, having a load-receiving element specially adapted to determining the combined weight of all wheels of a vehicle on:

(a) A single axle; or

(b) A group of consecutive axles.

(2) “Law enforcement weighing” means the weighing of vehicles to determine compliance with those weights allowed in Transportation Article, Titles 13 and 24, Annotated Code of Maryland, and by permits issued by the State Highway Administration.

(3) “Vehicle scale” means a scale adapted to weighing vehicles and possessing a platform or platforms on which all wheels of the vehicle may rest simultaneously.

(4) “Weight enforcement officer” means a member of the State Police, or other law enforcement agency, who has been certified by the Secretary of State Police to weigh vehicles for enforcement purposes.

(5) “Wheel load weigher” means a compact, self-contained, portable weighing device specially adapted to determine the wheel loads or axle loads of vehicles for the enforcement of weight laws.

C. Tolerance. Police officers involved in law enforcement weighing shall apply the maximum applicable weight tolerance authorized by the Transportation Article.

D. Use of Axle-Load Scales.

(1) Approaches to axle-load scales shall be straight, level, and in the same plane with the load-receiving elements of the scale.

(2) Approaches at each end of the scale shall be of sufficient length to ensure the level positioning of vehicles during weight determinations.

(3) After positioning an axle or group of consecutive axles of a vehicle on an axle-load scale, the brakes of the vehicle shall be released and reapplied.

(4) A weight reading may not be taken until the weight indicator is stable.

E. Use of Vehicle Scales.

(1) Approaches shall be straight, level, and in the same plane with the load-receiving elements of the scale.

(2) Approaches at each end of the scale shall be of sufficient length to ensure the level positioning of vehicles during weight determinations.

(3) After the vehicle has been positioned, the brakes of the vehicle shall be released and reapplied. If the vehicle configuration requires a repositioning, the brakes shall be released and reapplied.

(4) A weight reading may not be taken until the weight indicator is stable.

F. Use of Wheel Load Weighers.

(1) The weighing location shall be reasonably level. The roadway cross section may not exceed a 5 percent grade.

(2) Wheel load weighers shall be employed on surfaces of sufficient firmness to prevent shifting of the scales.

(3) All axles shall be weighed on the same plane. Groups of consecutive axles less than 12 feet apart shall be weighed simultaneously.

(4) Wheel load weighers shall be employed in multiples of two. An entire axle shall be weighed at the same time.

(5) Before each weighing the weight indicator shall be positioned on zero.

(6) The wheels of the vehicle shall be driven straight upon each wheel load weigher and placed within the active weighing area.

(7) After positioning the vehicle on the wheel load weighers, the brakes of the vehicle shall be released and reapplied.

(8) If the weight indicator falls between graduations, it shall be rounded to the lower graduation.

G. Shifting Loads. The tolerance for loads that may shift is stated in Transportation Article, Title 24, Annotated Code of Maryland.

H. Directing Vehicle to Scales.

(1) When it is not possible or feasible to weigh a vehicle by any of the methods described in this regulation, a law enforcement officer may require the operator of a vehicle to travel to the nearest appropriate private or State-owned scale, which complies with the standards of §K(5), (6), and (7) of this regulation for the purpose of weighing the vehicle. This includes, but is not limited to, vehicles operating on a State Highway Administration permit and vehicles using routes which bypass a scale location.

(2) Normally, a distance of approximately 10 miles may be considered reasonable for requiring an operator or a vehicle to proceed to a scale for weighing. Ten miles is not to be considered an absolute distance, since unusual circumstances may require travel in excess of 10 miles.

I. Time Limits to Furnish Weighing Equipment.

(1) If a police officer has reason to believe that a vehicle is overweight, he may require the operator to wait for an enforcement officer capable of doing law enforcement weighing.

(2) Under normal circumstances the operator will not be required to wait for more than 1 hour if the weight enforcement officer is on duty or more than 2 hours if the weight enforcement officer is off duty.

(3) If the police officer has reason to believe that the suspected overweight meets the off-loading requirements of Transportation Article, Title 24, Annotated Code of Maryland, the operator may be required to wait for a longer time than in §I(2) of this regulation.

J. Prerogative of Operator. The operator of a vehicle may elect to have the vehicle weighed on a vehicle scale instead of the vehicle being weighed on wheel load weighers. The scale used shall be the nearest appropriate scale that meets the standards established in §K(5), (6), and (7) of this regulation. The cost of weighing on private scales may be borne by the requesting operator.

K. Acceptability and Testing of Weighing Devices.

(1) The specifications and tolerances for weighing devices used by law enforcement personnel shall be those for commercial and law enforcement devices as adopted by the National Conference on Weights and Measures, and included in the National Institute of Standards and Technology Handbook 44 except as it applies to the maintenance tolerances for wheel load weighers.

(2) The maintenance tolerance for wheel load weighers shall be:

(a) 0 to 9,999 pounds, plus or minus 2 percent of the known test load;

(b) 10,000 pounds and above, plus or minus 1 percent of the known test load.

(3) All weighing devices used in weight enforcement activities shall be periodically tested by one of the following:

(a) The Maryland Department of Agriculture, Weights and Measures Section;

(b) Personnel of the State Police that have been certified by the Maryland Department of Agriculture, Weights and Measures Section.

(4) The values of all weights or precision force measuring equipment used to determine the performance of weighing devices shall be certified periodically by comparison with Maryland State standards which are traceable to the National Standards or by comparison with the National Standards.

(5) Wheel load weighers used by weight enforcement officers shall be certified semiannually by the State Police, or more frequently if considered necessary by the Secretary, to ensure the accuracy of the scales.

(6) Axle-load and vehicle scales used by weight enforcement officers shall be certified semiannually by the Maryland Department of Agriculture, Weights and Measures Section.

(7) Privately owned scales used for enforcement purposes shall be certified by the Maryland Department of Agriculture, Weights and Measures Section, within 6 months of the enforcement weighing.

L. Certification of Weight Enforcement Officers, Equipment, and Methods.

(1) Enforcement weighing done by weight enforcement officers shall use methods approved by the Secretary of State Police. Copies of these methods can be obtained from the Commercial Vehicle Enforcement Division.

(2) Weighing done by weight enforcement officers shall use equipment that meets the certification requirements in §K(5), (6), and (7) of this regulation.

(3) Weight enforcement officers shall meet the training requirements of, and be certified by, the Secretary of State Police.

(4) All weight enforcement officers shall use forms provided by the Commercial Vehicle Enforcement Division. Completed forms will be forwarded to the Commercial Vehicle Enforcement Division which shall be the central repository for weight violations.

(5) The Commercial Vehicle Enforcement Division shall be responsible for monitoring procedures and equipment used by weight enforcement officers.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective May 15, 1981 (8:10 Md. R. 877)
  • Administrative History: Regulation .03J amended effective February 4, 1991 (18:2 Md. R. 151)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 8, 1991 (18:13 Md. R. 1484)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.06 to 29.02.03, July 1994
  • Administrative History: Regulation .01K amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Authority: Transportation Article, §24-111, Annotated Code of Maryland

29.02.04 Diesel Vehicle Emissions Control Program

COMAR 29.02.04.01 General.

The regulations found in COMAR 11.21.02 have been jointly adopted by the Department of State Police, the Department of the Environment, and the Department of Transportation, and will not be duplicated in Title 29. These regulations should be cited under COMAR 11.21.02.

History

  • Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)
  • Authority: Transportation Article, §§23-401—23-404, Annotated Code of Maryland

29.03.01 Regulated Firearms

COMAR 29.03.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Adjudicated delinquent” means an act that was found to be a delinquent act, as defined in Courts and Judicial Proceedings Article, §3-801(k), Annotated Code of Maryland, at an adjudicatory hearing, as defined in Courts and Judicial Proceedings Article, §3-801(b), Annotated Code of Maryland.

(2) “Ammunition” has the meaning stated in Public Safety Article, §5-133.1(a), Annotated Code of Maryland.

(3) “Antique firearm” has the meaning stated in Criminal Law Article, §4-201(b), Annotated Code of Maryland.

(4) “Assault long gun” has the meaning stated in Criminal Law Article, §4-301(b), Annotated Code of Maryland.

(5) “Assault pistol” has the meaning stated in Criminal Law Article, §4-301(c), Annotated Code of Maryland.

(6) “Assault weapon” has the meaning stated in Criminal Law Article, §4-301(d), Annotated Code of Maryland.

(7) “Central Repository” has the meaning stated in Public Safety Article, §5-117.1(f)(1), Annotated Code of Maryland.

(8) “Copycat weapon” has the meaning stated in Criminal Law Article, §4-301(d), Annotated Code of Maryland.

(9) “Crime Laboratory” means the Forensic Sciences Division, Department of State Police.

(10) “Crime of violence” has the meaning stated in Public Safety Article, §5-101(c), Annotated Code of Maryland.

(11) “Dealer” has the meaning stated in Public Safety Article, §5-101(d), Annotated Code of Maryland.

(12) “Dealer’s license” has the meaning stated in Public Safety Article, §5-101(e), Annotated Code of Maryland.

(13) “Designated law enforcement agency” has the meaning stated in Public Safety Article, §5-101(f), Annotated Code of Maryland.

(14) “Detachable magazine” has the meaning stated in Criminal Law Article, §4-301(f), Annotated Code of Maryland.

(15) “External safety lock” has the meaning stated in Public Safety Article, §5-132(a)(3), Annotated Code of Maryland.

(16) “Firearm” has the meaning stated in Public Safety Article, §5-101(h), Annotated Code of Maryland.

(17) “Firearms Registration Section” means the operational unit of the Licensing Division, Department of State Police that is the primary repository for all files and records relating to the administration of firearms laws and is also responsible for the investigation and processing of:

(a) Applications to purchase or transfer a regulated firearm; and

(b) Applications for a regulated firearms dealer’s license.

(18) “Firearms Safety Training Certificate” means a certificate, letter, or other written documentation verifying satisfactory completion of a Firearms Safety Training Course.

(19) “Firearms Safety Training Course” means a firearms training course that satisfies the requisite minimum requirements of Regulation .29 of this chapter.

(20) “Fugitive from justice” has the meaning stated in Public Safety Article, §5-101(k), Annotated Code of Maryland.

(21) “Gun show” has the meaning stated in Public Safety Article, §5-130(a), Annotated Code of Maryland.

(22) “Habitual drunkard” has the meaning stated in Public Safety Article, §5-101(l), Annotated Code of Maryland.

(23) “Habitual user” of controlled dangerous substances has the meaning stated in Public Safety Article, §5-101(m), Annotated Code of Maryland.

(24) “Handgun” has the meaning stated in Public Safety Article, §5-101(n), Annotated Code of Maryland.

(25) “Handgun Qualification License” has the meaning stated in Public Safety Article, §5-101(o), Annotated Code of Maryland.

(26) “Integrated mechanical safety device” has the meaning stated in Public Safety Article, §5-132(a)(6), Annotated Code of Maryland.

(27) “Manufacturer” has the meaning stated in Public Safety Article, §5-131(a)(2), Annotated Code of Maryland.

(28) “Mental disorder” has the meaning stated in Health—General Article, §10-101(f), Annotated Code of Maryland.

(29) “Mental health facility” has the meaning stated in Health—General Article, §10-101(e), Annotated Code of Maryland.

(30) “Minor” has the meaning stated in Criminal Law Article, §1-101(g), Annotated Code of Maryland.

(31) “Pepper mace” has the meaning stated in Public Safety Article, §5-134(d)(1)(ii)(3), Annotated Code of Maryland.

(32) “Permit” has the meaning stated in Public Safety Article, §5-301(d), Annotated Code of Maryland.

(33) “Person” has the meaning stated in Public Safety Article, §1-101(c), Annotated Code of Maryland.

(34) “Projectile” has the meaning stated in Public Safety Article, §5-131(a)(3), Annotated Code of Maryland.

(35) “Qualified Handgun Instructor” has the meaning stated in Public Safety Article, §5-101(q), Annotated Code of Maryland.

(36) “Qualified Handgun Instructor License” means a license issued by the Secretary in accordance with Regulation .38 of this chapter, certifying a person’s ability to instruct firearms training courses as a Qualified Handgun Instructor.

(37) “Regulated firearm” has the meaning stated in Public Safety Article, §5-101(r), Annotated Code of Maryland.

(38) “Rent” has the meaning stated in Public Safety Article, §5-101(s), Annotated Code of Maryland.

(39) “Rifling characteristics” means the number of lands and grooves in the barrel of a handgun, including right or left twist.

(40) “Secondary sale” has the meaning stated in Public Safety Article, §5-101(t), Annotated Code of Maryland.

(41) “Secretary” has the meaning stated in Public Safety Article, §5-101(u), Annotated Code of Maryland.

(42) “Seller” means a person who is selling, renting, or transferring a regulated firearm through a secondary sale.

(43) “Shell casing” has the meaning stated in Public Safety Article, §5-131(a)(4), Annotated Code of Maryland.

(44) “Straw purchase” has the meaning stated in Public Safety Article, §5-101(v), Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.02 Generally.

A. This chapter restricts the sale, rental, transfer, purchase, receipt, possession, and transport of regulated firearms and assault weapons in the State.

B. A dealer or other person may not:

(1) Sell, rent, transfer, purchase, receive, or possess a regulated firearm in violation of this chapter;

(2) Participate in a straw purchase in violation of this chapter;

(3) Transport a regulated firearm into the State for the purpose of unlawfully selling or trafficking the regulated firearm; or

(4) Obliterate, remove, change, or alter the manufacturer’s identification mark or number on a firearm.

C. Except as provided in §D or E of this regulation, a person may not:

(1) Possess, sell, offer to sell, transfer, purchase, or receive an assault weapon in the State; or

(2) Transport an assault weapon into the State.

D. The prohibitions in §C of this regulation do not apply to:

(1) Personnel of the United States government or an agency or department of the United States while acting within the scope of official business;

(2) A railroad police officer, authorized under 49 U.S.C. §28101 or Public Safety Article, Title 3, Annotated Code of Maryland, while acting within the scope of official business;

(3) Possession, purchase, sale, manufacture, receipt for manufacture, shipment for manufacture, importation, and transport to or by a licensed firearms dealer or manufacturer who is:

(a) Providing or servicing an assault weapon or detachable magazine for a law enforcement unit or for personnel exempt under §D(1) or (2) of this regulation;

(b) Acting to sell or transfer an assault weapon or detachable magazine to a licensed firearms dealer in another state or to an individual purchaser in another state through a licensed firearms dealer; or

(c) Acting to return to a customer in another state an assault weapon transferred to the licensed firearms dealer or manufacturer under the terms of a warranty or for repair; or

(4) Receipt and possession of an assault weapon or detachable magazine by inheritance, in accordance with Regulation .10 of this chapter, if the decedent lawfully possessed the assault weapon and the person inheriting the assault weapon or detachable magazine is not otherwise prohibited from possessing a regulated firearm;

(5) Receipt of an assault weapon or detachable magazine by a personal representative of an estate for the purposes of exercising the representative’s powers and duties, if the representative is not otherwise prohibited from possessing a firearm;

(6) Possession by a person who is retired in good standing from service with a law enforcement agency of the State or a local law enforcement agency in the State and is not otherwise prohibited from possessing an assault weapon or detachable magazine, if:

(a) The assault weapon or detachable magazine was purchased or obtained by the person for official use with the law enforcement agency before retirement; or

(b) The assault weapon or detachable magazine is sold or transferred to the person by the law enforcement agency on retirement; or

(7) Possession or transport by an employee of an armored car company if the individual is acting within the scope of employment and has a permit issued under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland;

(8) Possession, receipt, transfer, and shipping to or from:

(a) An ISO 17025 accredited ballistics-testing laboratory approved by the National Institute of Justice; or

(b) A facility or entity that manufactures or provides research and development testing, analysis, or engineering for personal protective equipment or vehicle protection systems; or

(9) Possession or transport by an individual who lawfully possessed the assault pistol before June 1, 1994, if it was registered with the Secretary before August 1, 1994;

(10) Possession or transport by individual who lawfully possessed, had a purchase order for, or completed an application to purchase the assault long gun or copycat weapon before October 1, 2013; or

(11) Possession, sale, offer for sale, or transfer by a dealer of an assault long gun or a copycat weapon that the dealer lawfully possessed on or before October 1, 2013.

E. This chapter does not apply to:

(1) The sale, transfer, or possession of an antique firearm;

(2) A firearm modified to render it permanently inoperative;

(3) An unserviceable firearm sold, transferred, or possessed as a curio or museum piece;

(4) Law enforcement personnel of any unit of the federal government or law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties;

(5) Members of the armed forces of the United States or the National Guard while acting within the scope of their official duties;

(6) A sale, rental, transfer, or use of a regulated firearm by a person authorized or required to do so as part of the person’s duties as a member of:

(a) An official police force or other law enforcement agency;

(b) The armed forces of the United States, including all official reserve organizations; or

(c) The Maryland National Guard;

(7) Purchases, sales, and transportation to or by a federally licensed firearm manufacturer, dealer, or importer;

(8) The transfer or possession of a regulated firearm or detachable magazine by a federally licensed firearm manufacturer, dealer, or importer for testing or experimentation authorized by the Secretary;

(9) An organization that is required or authorized by federal law governing its specific business or activity to maintain firearms; or

(10) A signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.

F. Unless exempted pursuant to §D or E of this regulation, an assault pistol possessed in this State shall be registered with the Secretary on or before August 1, 1994. An assault pistol is presumed to be properly registered with the Secretary if it was purchased before June 1, 1994, and an application to purchase a regulated firearm was properly completed.

G. A regulated firearm or assault weapon that is sold, rented, transferred, purchased, received, possessed, or transported in violation of this chapter may be seized as contraband and disposed of by a law enforcement agency.

(1) An assault weapon seized as contraband shall be disposed of as follows:

(a) Turned over to the Secretary for disposal;

(b) Destroyed by the law enforcement agency that seized the assault weapon; or

(c) Retained for law enforcement purposes by the law enforcement agency that seized the assault weapon.

(2) An assault weapon seized as contraband may not be sold or rented.

H. This chapter supersedes any restriction that a local jurisdiction in the State imposes on the sale, transfer, or possession of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the sale of a regulated firearm.

Cross References

29.03.01.07B(3)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.03 Possession.

A. A person may not possess a regulated firearm if the person:

(1) Is a habitual drunkard;

(2) Is addicted to or a habitual user of a controlled dangerous substance;

(3) Is a fugitive from justice;

(4) Has been convicted of:

(a) A crime of violence;

(b) Any violation classified as a felony in this State;

(c) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or

(d) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or

(5) Has received probation before judgment for a crime of violence, except for assault in the second degree or a case in which a person received probation before judgment for a disqualifying crime and that crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;

(6) Has received probation before judgment for a domestically related crime, as defined in Criminal Procedure Article, §6-233, Annotated Code of Maryland, except when the crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;

(7) Has been found not criminally responsible under Criminal Procedure Article, §3-110, Annotated Code of Maryland;

(8) Has been found incompetent to stand trial under Criminal Procedure Article, §3-106, Annotated Code of Maryland;

(9) Has a mental health disorder and a history of violent behavior;

(10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;

(11) Has been involuntarily admitted to a mental health facility;

(12) Is under the protection of a guardian appointed by a court under Estates of Trusts Article, §13-201(c) or 13-705, Annotated Code of Maryland, unless the appointment of the guardian was solely a result of a physical disability;

(13) Is a respondent against whom a current non ex parte civil protection order has been entered under Family Law Article, §4-506, Annotated Code of Maryland;

(14) Is a respondent against whom an order for protection, as defined in Family Law Article, §4-508.1, Annotated Code of Maryland, has been issued by a court of another state or a Native American tribe and is in effect;

(15) Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:

(a) A crime of violence if committed by an adult;

(b) A violation classified as a felony in this State if committed by an adult; or

(c) A violation classified as a misdemeanor in this State that carries a statutory penalty of more than two years if committed by an adult; or

(16) Is prohibited from otherwise possessing a firearm by federal or State law.

B. A person younger than 21 years old may not possess a regulated firearm unless the person is not otherwise prohibited from possessing a regulated firearm and is:

(1) A member of the armed forces of the United States or the National Guard and is performing official duties;

(2) Required to possess a regulated firearm for employment purposes and holds a valid permit under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland;

(3) Temporarily transferring or possessing a regulated firearm or ammunition and is:

(a) Under the supervision of another who is at least 21 years old or older and who is not prohibited by federal or State law from possessing a firearm; and

(b) Acting with the permission of the parent or legal guardian of the person;

(4) Temporarily transferring or possessing a regulated firearm or ammunition and is:

(a) Participating in marksmanship training of a recognized organization; and

(b) Under the supervision of a qualified instructor; or

(5) Possessing the firearm for self-defense or the defense of others against a trespasser into the person’s residence or a residence in which the person is an invited guest.

C. This section does not apply to a respondent transporting a regulated firearm if the respondent is carrying a civil protection order requiring the surrender of the regulated firearm and:

(1) The regulated firearm is unloaded;

(2) The respondent has notified the law enforcement unit, barracks, or station that the regulated firearm is being transported in accordance with the civil protection order; and

(3) The respondent transports the regulated firearm directly to the law enforcement unit, barracks, or station.

D. This section supersedes any restrictions that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

Cross References

29.03.01.06A

29.03.01.11B(2)

29.03.01.27B(3)

29.03.01.42C(2)

29.04.06.04B(3)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.04 Lost or Stolen Firearms.

A. If a regulated firearm is lost or stolen, the owner of the firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.

B. On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center database, as prescribed by the Secretary and to the extent known, the caliber, make, model, manufacturer, and serial number of the firearm and any other distinguishing number or identification mark on the regulated firearm.

C. A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of that regulated firearm at the time of the purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency within 72 hours after discovery of the loss or theft.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.05 New Residents of the State.

A. A person who moves into the State with the intent of becoming a resident shall register all regulated firearms within 90 days after establishing residency by submitting a registration application in the format prescribed by the Secretary. This regulation does not apply to a person who became a resident of the State prior to October 1, 2013.

B. The registration application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers; and

(2) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of each regulated firearm.

C. The application must be accompanied by a nonrefundable payment of $15, regardless of the number of firearms registered.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.06 Ammunition.

A. A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under Regulation .03A of this chapter or Public Safety Article, §5-133(b)—(c), Annotated Code of Maryland.

B. A person who violates this section may be punished by imprisonment for a period of not more than one year, or a fine of not more than $1,000, or both.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.07 Magazine Capacity.

A. Except as provided in §B of this regulation, a person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than ten rounds of ammunition for a firearm.

B. This section does not apply to:

(1) A .22 caliber rifle with a tubular magazine;

(2) A law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or a law enforcement agency in the State; or

(3) An exemption listed in Regulation .02D of this chapter.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.08 Straw Purchases.

A. A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.

B. A person may not complete an application to purchase or transfer a regulated firearm with the intent to sell, rent, loan, or transfer that regulated firearm to another individual.

C. A person may not use another person to purchase or receive a regulated firearm.

D. A person may not transport a regulated firearm into the State with the intent to illegally sell, rent, or transfer the regulated firearm.

E. A dealer or person may not sell, rent, or transfer a regulated firearm to a person whom the dealer or person knows or has reasonable cause to believe is a participant in a straw purchase.

F. This regulation does not apply to a person purchasing a regulated firearm as a gift pursuant to Regulation .09 of this chapter.

Cross References

29.03.01.09A

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.09 Gifts.

A. A person does not participate in a straw purchase in violation of Regulation .08 of this chapter when purchasing a regulated firearm as a gift if:

(1) The recipient of the gift is a resident of the State;

(2) The recipient of the gift is not prohibited from purchasing or possessing a regulated firearm by State or federal law; and

(3) Except to the extent provided in §§B and C of this regulation, both the purchaser and the recipient of the gift shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, pertaining to the possession, sale, rental, transfer, purchase, or receipt of a regulated firearm.

B. If a gift of a regulated firearm is in the form of a gift certificate, then only the recipient of the gift must comply with the requirements of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, pertaining to the possession, sale, rental, transfer, purchase, or receipt of a regulated firearm.

C. If a gift of a regulated firearm is to the person’s spouse, parent, grandparent, grandchild, brother, sister, son, or daughter:

(1) The recipient shall complete an application to purchase or transfer a regulated firearm;

(2) The recipient shall submit the application to the Secretary within 5 days after receipt of the regulated firearm; and

(3) The Secretary shall waive the regulated firearm application fee of $10.

Cross References

29.03.01.08F

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.10 Inheritance.

A. For the transfer or receipt of a regulated firearm by inheritance, the recipient shall submit a completed firearm application to the Secretary in the prescribed format.

B. For the transfer of a regulated firearm by inheritance to a recipient who is younger than 21 years old:

(1) The title of the firearm may be transferred to the recipient;

(2) The estate shall retain possession of the firearm until the recipient is 21 years old; and

(3) On receipt of the firearm, the recipient shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

Cross References

29.03.01.02D(4)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.11 Secondary Sales.

A. A secondary sale is a transaction in which neither party is a dealer or involved in the dealing or repairing of firearms as a regular course of trade or business.

B. A person may not sell, rent, or transfer a regulated firearm to:

(1) An applicant whose firearm application is disapproved or is placed on hold because of an open disposition of criminal proceedings against the firearm applicant, unless the disapproval or hold is subsequently withdrawn by the Secretary or overruled by a court;

(2) A purchaser, lessee, or transferee who the person knows or has reasonable cause to believe is prohibited from possessing a regulated firearm under Regulation .03 of this chapter; or

(3) A purchaser, lessee, or transferee who is visibly under the influence of alcohol or drugs.

C. A person may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time the firearm application is completed by the applicant and submitted to the Secretary by a dealer or a designated law enforcement agency.

D. The following procedure shall be used for all secondary sales of regulated firearms.

(1) The applicant shall complete a firearm application as prescribed in Regulation .16 of this chapter, except for the signature, which shall be completed in the presence of a dealer or a designated law enforcement agency.

(2) The regulated firearm to be purchased shall be transported by the seller to a dealer or a designated law enforcement agency.

(3) The firearm shall be transported unloaded, with no ammunition being readily available, and in a locked box, enclosed case, or enclosed holster.

(4) The seller shall contact the dealer or the designated law enforcement agency before removing the firearm from the vehicle and advise the dealer or the designated law enforcement agency that the applicant is applying for a secondary sale.

(5) The firearm may not be worn or carried into a dealer’s place of business or a designated law enforcement installation without prior notification to the dealer or the designated law enforcement agency.

(6) The applicant shall sign the firearm application in the presence of the seller and dealer or the seller and designated law enforcement agent.

(7) The dealer or the designated law enforcement agency shall:

(a) Review and verify the applicant information on the application;

(b) Review and verify the seller information on the application;

(c) Review and verify the regulated firearm information on the application to ensure that a sale of a handgun manufactured after January 1, 1985, is permitted only if the handgun is on the handgun roster;

(d) Ensure that the applicant understands the declarations on the application;

(e) Review and verify the signatures and the date on the application;

(f) Sign and date the application as a reviewer; and

(g) Submit the application and the application fee to the Secretary.

(8) The seller shall complete the sale, rental, or transfer of the firearm within 90 days after the firearm application is marked by the Secretary as not disapproved.

(9) After completing the sale, rental, or transfer, the seller shall submit a copy of the completed application with a signature verifying the sale, rental, or transfer to the Secretary within 7 days after delivery of the regulated firearm in accordance with Regulation .12 of this chapter.

(10) If the sale, rental, or transfer of the firearm is not completed within 90 days, the seller shall return the firearm application to the Secretary within 7 days.

E. An applicant for a secondary sale of a regulated firearm through a dealer shall pay the dealer a processing fee not exceeding $20.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.12 Reports of Sales.

A. Sales, Rentals, and Transfers.

(1) A sale, rental, or transfer of a regulated firearm shall be reported to the Firearms Registration Section within 7 days after the completed sale.

(2) A dealer or person who sells, rents, or transfers a regulated firearm shall submit notification of the completed transaction to the Firearms Registration Section in the manner prescribed by the Secretary.

(3) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the firearm may be identified.

B. A dealer shall submit to the Firearms Registration Section, with the proper notification, applications held by the dealer that have been disapproved by the Secretary.

C. A dealer shall submit to the Firearms Registration Section, with the proper notification, applications held by the dealer that have expired pursuant to the 90-day limit of Regulation .19 of this chapter.

D. The Secretary shall maintain a permanent record of notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

Cross References

29.03.01.11D(9)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.13 Sale or Transfer After Seven-Day Waiting Period.

A. If a dealer or person does not receive notification of disapproval or a hold for an open disposition of a criminal proceeding within the 7-day waiting period after submission of the regulated firearm application, then the dealer or person may sell, rent, or transfer the regulated firearm in accordance with all other applicable provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

B. The dealer or person shall submit the firearm application at the time that the purchase or transfer is completed and shall include a notation that the firearm was purchased or transferred before the application was marked as not disapproved.

C. Upon receiving a firearm application that contains a notation that the firearm was purchased or transferred before the application was marked as not disapproved, the Secretary shall:

(1) If the application is not disapproved after the investigation under Regulation .18 of this chapter, mark the application as not disapproved and notify the dealer or person.

(2) If the application is disapproved after the investigation under Regulation .18 of this chapter, mark the application as disapproved, notify the dealer or person, and notify the applicant.

D. The sale or transfer of a regulated firearm to a law enforcement officer or a member of the armed forces of the United States or the National Guard shall be processed as any other sale or transfer. The 7-day waiting period is in effect unless certification is received from the individual’s commanding officer that the firearm is to be used in an official capacity.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.14 Sales to Minors.

A. A person may not sell, rent, or transfer a firearm, a regulated firearm, ammunition, pepper mace, or other deadly weapon to a minor.

B. A person may not sell, rent, or transfer a regulated firearm to a person who is younger than 21 years old.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.15 Out-of-State Purchases.

A. A person who purchases a regulated firearm from an out-of-State, federally-licensed importer, manufacturer, or dealer shall have the out-of-State importer, manufacturer, or dealer ship the regulated firearm to a dealer in this State for processing.

B. A purchase pursuant to this regulation shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.16 Regulated Firearm Application — Generally.

A. A regulated firearm application is required to purchase, rent, or transfer a regulated firearm.

B. The regulated firearm application shall be submitted in the format prescribed by the Secretary.

C. The regulated firearm application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) The dealer’s name, address, telephone number, and identification number, and the salesperson’s name;

(3) The seller’s name, address, driver’s license or photographic identification soundex number, Social Security number, date of birth, race, sex, and home and work telephone numbers;

(4) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of the regulated firearm;

(5) Whether the firearm is new or used;

(6) For a handgun manufactured after January 1, 1985, whether it is listed on the handgun roster;

(7) For a handgun manufactured on or before December 31, 2002, whether it was sold, offered for sale, rented, or transferred with an external safety lock;

(8) For a handgun manufactured on or after January 1, 2003, whether it is equipped with an approved integrated mechanical safety device;

(9) For a handgun, including a replacement handgun as described under 27 CFR §178.147, which was shipped or transported by a manufacturer on or after October 1, 2000 and has not been sold, rented, or transferred to a person not licensed as a dealer, a statement by the dealer as to:

(a) The date of manufacture;

(b) The name of the manufacturer;

(c) The federal firearms license number of the manufacturer; and

(d) Whether a shell casing was included in the box with the handgun; and

(10) Authorization by the applicant to the Maryland Department of Health, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:

(a) Suffers from a mental disorder and has a history of violent behavior;

(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or

(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; and

(11) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun;

(12) A declaration by the applicant, under penalty of perjury, that the applicant is not participating in a straw purchase; and

(13) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

D. The application shall contain the following required statement: “Any false information supplied or statement made in this application is a crime which is punishable by imprisonment for a period of not more than 3 years or a fine of not more than $5,000, or both.”

E. The application must include a signature by the applicant and be witnessed by a dealer or a designated law enforcement agency.

F. The application must be accompanied by a nonrefundable payment of $10.

G. If a firearm applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the firearm application.

H. A regulated firearm application that is marked as not disapproved by the Secretary is valid only for the purchase, rental, or transfer of the firearm listed on the application.

I. The Secretary shall adopt a continuation form which shall be used for the purchase of more than one regulated firearm at the same time. The information on the continuation form must match the information provided on the firearm application pursuant to §C of this regulation.

Cross References

29.03.01.11D(1)

29.03.01.54B

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.17 Regulated Firearm Application — False or Omitted Information.

A. Any false information supplied or statement made in the application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.

B. An applicant shall not provide false information on a regulated firearm application, or omit significant information on the application, or cause false information to be given in connection with the verification investigation.

C. Any knowing material omission or false statement may be considered grounds for disapproval of an application or for criminal prosecution.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.18 Regulated Firearm Application — Investigation.

A. Upon receipt of a properly completed application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant may purchase or receive a regulated firearm and whether the information and statements on the application are true and accurate.

B. In conducting the investigation, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in any county not maintaining a police force.

C. Information discovered during the investigation may be used against an applicant who has provided false or misleading information or has omitted information on the application.

Cross References

29.03.01.13C(1)

29.03.01.13C(2)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.19 Regulated Firearm Application — Expiration.

A. A firearm application expires 90 days after the application is marked by the Secretary as not disapproved.

B. A dealer or person shall complete the sale, rental, or transfer of a regulated firearm before the application expires.

C. After the expiration of the 90-day limit, the application is void and the dealer or person shall return the application to the Firearms Registration Section within 7 days, in the manner prescribed by the Secretary.

D. The Secretary shall void a firearm application that is returned as an incomplete sale, rental, or transfer.

E. After the expiration of the 90-day limit, the prospective purchaser may submit another regulated firearm application.

Cross References

29.03.01.12C

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.20 Regulated Firearm Application — Disapproval.

A. If the Secretary disapproves a regulated firearm application, the Secretary shall provide written notice of the disapproval to the dealer or prospective seller, lessor, or transferor within seven days after receiving a properly completed application. The written notice shall contain the reasons the application was disapproved.

B. After providing written notice to the dealer or prospective seller, lessor, or transferor, the Secretary shall provide written notice of the disapproval to the applying purchaser, lessee, or transferee. The written notice shall contain the reasons the application was disapproved and a statement of the applicant’s appeal rights.

Cross References

29.03.01.54H

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.21 Regulated Firearm Application — Appeal.

A. A person whose regulated firearm application is disapproved may submit a written request to the Secretary for a hearing within 30 days after the date that the written notice of disapproval was sent by the Secretary.

B. Upon receipt of a valid request, the Secretary shall grant a hearing within 15 days and the hearing shall be held in the county of the legal residence of the person requesting the hearing.

C. The hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Regulation .22 of this chapter and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Cross References

29.03.01.54H

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.22 Regulated Firearm Application — Conduct of Hearing.

A. An applicant may be represented at a hearing by an attorney-at-law licensed to practice in Maryland. The attorney shall file a notice of appearance and, when appropriate, a notice of substitution before the hearing or at the attorney’s first appearance.

B. The notice of appearance remains in effect until the:

(1) Applicant files a written revocation of the attorney’s authority;

(2) Attorney files a written statement of the attorney’s withdrawal from the case;

(3) Attorney states on the record at the hearing that the attorney is withdrawing from the case; or

(4) Hearing officer receives notice of the attorney’s disqualification or death.

C. After filing a notice of appearance in accordance with this regulation, and as long as the notice remains in effect, copies of all written communications or notices shall be sent to the attorney of record. Service on the applicant’s attorney is service on the applicant.

D. The hearing resulting from the appeal of a disapproval of the application to purchase or transfer a regulated firearm shall be conducted in accordance with the Administrative Procedure Act and COMAR 28.02.01.

E. The review of the record by the administrative law judge consists of a review of all information available to the Secretary which formed the basis for the decision to disapprove the application, as well as any additional information that may be required by the State, the administrative law judge, or other sources.

F. The decision by the administrative law judge after a hearing or review of the record shall be issued in writing or stated for the record, and shall be accompanied by findings of fact and conclusions of law. A copy of the written decision shall be mailed or delivered to the applicant or the applicant’s attorney of record.

G. The applicant may appeal the final decision to the circuit court under the provisions of the Administrative Procedure Act.

H. The burden of proof for the disapproval of an application to purchase a regulated firearm is the responsibility of the State.

Cross References

29.03.01.21C

29.03.01.51B(3)

29.03.01.53G(3)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.23 Multiple Purchases — Generally.

A. Except as provided in §§B and C of this regulation, a person may not purchase more than one regulated firearm in a 30-day period.

B. The restriction in §A of this regulation does not apply to:

(1) A law enforcement agency;

(2) An agency authorized to perform law enforcement duties;

(3) A state or local correctional facility;

(4) A private security company licensed to do business within the State;

(5) A purchase of an antique firearm;

(6) A purchase by a dealer;

(7) An exchange or replacement of a regulated firearm by a dealer or seller for a regulated firearm purchased from the dealer or seller by the same person seeking the exchange or replacement within 30 days immediately before the exchange or replacement; or

(8) A person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

(a) The person provides the dealer with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the application to purchase or transfer a regulated firearm;

(b) The official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location and date of the loss or theft, and the date on which the loss or theft was reported to the law enforcement agency; and

(c) The date of the loss or theft as reflected on the official police report or official summary of the report occurred within 30 days immediately before the attempt to replace the regulated firearm.

C. A person may apply for a multiple purchase of regulated firearms if the purchase of the regulated firearms is:

(1) A bulk purchase from an estate sale;

(2) For a private collection or a collector series;

(3) For the purpose of taking advantage of a dealer’s discounted price available only for a multiple purchase and:

(a) The purchase does not exceed two regulated firearms; and

(b) The purchaser will not purchase a regulated firearm during the following 30-day period, unless approved for a multiple purchase under §C(1) or (2) of this regulation; or

(4) For other similar purposes.

Cross References

29.03.01.24A

29.03.01.24D(4)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.24 Multiple Purchases — Application.

A. Except as provided in Regulation .23B of this chapter, a multiple purchase application is required to purchase more than one regulated firearm in a 30-day period.

B. Except as provided in §F of this regulation, the multiple purchase application shall be attached to the application to purchase a regulated firearm and forwarded to the Secretary by a dealer or a designated law enforcement agency.

C. The multiple purchase application shall be submitted by a dealer or a designated law enforcement agency in the format prescribed by the Secretary.

D. The multiple purchase application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) The number of regulated firearms to be purchased;

(3) The type of regulated firearms to be purchased;

(4) A brief statement as to the purpose of the multiple purchase, which shall satisfy one of the requirements in Regulation .23C of this chapter;

(5) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun;

(6) A declaration by the applicant, under penalty of perjury, that the applicant is not participating in a straw purchase; and

(7) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

E. The application must include a signature by the applicant and be witnessed by a dealer or a designated law enforcement agency.

F. An individual who has already been designated as a collector by the Secretary pursuant to Regulation .25 of this chapter is not required to complete and submit a multiple purchase application.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.25 Multiple Purchases — Collectors.

A. A person shall be designated as a collector by the Secretary before applying for a multiple purchase of regulated firearms as a collector.

B. A person may submit an application to be designated as a collector if the person:

(1) Devotes time and attention to acquiring certain types of regulated firearms for the enhancement of the collector’s personal collection; or

(2) Possesses a Federal Collector’s License (Curio and Relics).

C. The designated collector application shall be submitted in the format prescribed by the Secretary.

D. The designated collector application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) A description of the nature of the applicant’s collecting activities;

(3) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a firearm; and

(4) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

E. If a designated collector application is approved or denied by the Secretary, the Secretary shall provide written notification to the person within a reasonable time after receiving a properly completed application.

F. The Secretary shall revoke without prejudice a person’s designated collector status by written notification, either in person or by mail to the person’s last known address, if the person is:

(1) Under indictment for a crime of violence; or

(2) Arrested for any violation that would prohibit the purchase or possession of a regulated firearm.

G. A person whose designated collector application is denied or whose designated collector status is revoked may submit a written request to the Secretary for a review of the decision within 30 days after the date that the written notice of denial or revocation was sent by the Secretary.

(1) The person may request a review of the decision in writing or may request a hearing before the Commander of the Licensing Division, the Supervisor of the Firearms Registration Section, or the denying officer.

(2) The person shall be granted a review of the denial or revocation within 30 days after the person’s request for review.

Cross References

29.03.01.24F

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.26 Handgun Qualification License — Generally.

A. Except as provided in §B of this regulation, a person shall possess a valid Handgun Qualification License before the person may purchase, rent, or receive a handgun.

B. A person is not required to possess a Handgun Qualification License if the person:

(1) Possesses valid credentials or retirement credentials from a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;

(2) Is an active or retired member of the armed forces of the United States or the National Guard, and possesses a valid military identification card; or

(3) Purchases, rents, or receives an antique, curio, or relic firearm, as defined in federal law or in determinations published by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

C. A person who has a valid permit issued under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland may submit a written request to the Secretary for a Handgun Qualification License without submitting the Handgun Qualification License application or fee under Regulation .28 of this chapter.

Cross References

29.03.01.27A

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.27 Handgun Qualification License — Eligibility.

A. Exemptions. A person is not required to possess a Handgun Qualification License to purchase a handgun if the person satisfies one of the exceptions set forth in Regulation .26B of this chapter.

B. Qualifications. In accordance with Public Safety Article, §5-117.1(d), Annotated Code of Maryland, a person is eligible for issuance of a Handgun Qualification License only if the person:

(1) Is 21 years old or older;

(2) Is a resident of the State; and

(3) Is not prohibited from possessing a handgun under Regulation .03 of this chapter or otherwise prohibited from purchasing or possessing a handgun under federal or State law.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.28 Handgun Qualification License — Application.

A. A Handgun Qualification License application shall be submitted in the format prescribed by the Secretary.

B. The Handgun Qualification License application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) Proof of the applicant’s completion of, or exemption from, a Firearms Safety Training Course within the previous 3 years, in the manner prescribed by the Secretary on the application;

(3) A complete set of the applicant’s fingerprints, taken and submitted in the manner prescribed by the Secretary on the application;

(4) Authorization by the applicant to the Maryland Department of Health, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:

(a) Suffers from a mental disorder and has a history of violent behavior;

(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or

(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; and

(5) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun; and

(6) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

C. The application must be accompanied by a nonrefundable payment of $50.

D. A Handgun Qualification License expires 10 years from the date of issuance.

Cross References

29.03.01.26C

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.29 Handgun Qualification License — Training Requirement.

A. Except as provided in §B of this regulation, an applicant shall complete a Firearms Safety Training Course and submit a Firearms Safety Training Certificate issued by a Qualified Handgun Instructor. The submission of the Firearms Safety Training Certificate shall constitute proof that the applicant satisfactorily completed a Firearms Safety Training Course.

B. An applicant does not need to complete a Firearms Safety Training Course if the applicant:

(1) Has satisfactorily completed a firearms training course approved by the Secretary as an exemption from the Firearms Safety Training Course;

(2) Has satisfactorily completed a course of instruction in competency and safety in the handling of firearms as prescribed by the Department of Natural Resources under Natural Resources Article, §10-301.1, Annotated Code of Maryland;

(3) Is a Qualified Handgun Instructor in accordance with Regulation .37 of this chapter;

(4) Is an honorably discharged member of the armed forces of the United States or the National Guard;

(5) Is a former law enforcement officer of the State or a local law enforcement agency in the State who has successfully completed initial law enforcement training;

(6) Is an employee of an armored car company and has a permit issued under Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland; or

(7) Lawfully owns a regulated firearm.

C. A Firearms Safety Training Course shall consist of a minimum of 4 hours of instruction by a Qualified Handgun Instructor and include the following minimum curricula.

(1) State Firearm Law. Overview of the State firearm laws, including discussion of what constitutes a regulated firearm, how to properly purchase or transfer a firearm, where allowed to carry or transport a firearm, when necessary to possess a carry permit, and who is prohibited from possessing firearms.

(2) Home Firearm Safety. Overview of handgun and firearm safety in the home, including discussion of access to minors, locking and storing of firearms, and use of safety devices, such as secure lock boxes.

(3) Handgun Mechanisms and Operation. Overview of the proper operation and safe handling of a handgun, including cleaning and maintenance, the loading and unloading of ammunition, and the differences between revolvers and semi-automatic handguns.

(4) Operation and Handling Demonstration. Orientation that demonstrates the applicant’s safe operation and handling of a firearm, including a practice component in which the applicant safely fires at least one round of live ammunition.

Cross References

29.03.01.01B(19)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.30 Handgun Qualification License — False or Omitted Information.

A. An applicant shall not provide false information on an application for a Handgun Qualification License, or omit significant information on the application, or cause false information to be given in connection with the verification investigation.

B. Any knowing material omission or false statement may be considered grounds for denial of a license or for criminal prosecution.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.31 Handgun Qualification License — Investigation.

A. Upon receipt of a properly completed application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant satisfies the criteria for issuance of a license.

B. Information discovered during the investigation may be used against an applicant who has provided false or misleading information or has omitted information on the application.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.32 Handgun Qualification License — Issuance and Denial.

A. In accordance with Public Safety Article, §5-117.1(h), Annotated Code of Maryland, the Secretary shall issue a Handgun Qualification License or provide a written denial of the application within 30 days after receiving a properly completed application.

B. A properly completed application satisfies all the requirements prescribed by the Secretary.

C. A written denial provided by the Secretary shall contain the reasons the application was denied and a statement of the applicant’s appeal rights.

D. In accordance with Public Safety Article, §5-117.1(h)(2), Annotated Code of Maryland, an individual whose fingerprints have been submitted to the Central Repository, and whose application has been denied, may request that the record of the fingerprints be expunged by obliteration.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.33 Handgun Qualification License — Replacement.

A. A person may submit a written request to the Secretary for a replacement license if the license is lost or stolen.

B. A request for a replacement Handgun Qualification License must be accompanied by a nonrefundable fee of $20.

C. Upon receipt of a properly submitted request, the Secretary shall issue a replacement license within a reasonable time if the applicant is not otherwise disqualified from possessing a Handgun Qualification License.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.34 Handgun Qualification License — Renewal.

A. A Handgun Qualification License may be renewed for successive periods of 10 years.

B. The Handgun Qualification License renewal application shall be submitted in the format prescribed by the Secretary.

C. The Handgun Qualification License renewal application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) The identification number from the applicant’s prior Handgun Qualification License;

(3) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun; and

(4) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

D. The renewal application must be accompanied by a nonrefundable payment of $20.

E. Upon receipt of a properly submitted renewal application, the Secretary shall issue a renewed Handgun Qualification License within a reasonable time if the applicant is not otherwise disqualified from possessing a Handgun Qualification License.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.35 Handgun Qualification License — Revocation.

A. The Secretary may revoke a Handgun Qualification License on a finding that the licensee no longer satisfies the qualifications set forth in Public Safety Article, §5-117.1(d), Annotated Code of Maryland.

B. The Secretary shall provide written notification to a person whose Handgun Qualification License is revoked.

C. A written notice of revocation shall contain the reasons the license was revoked and a statement of the person’s appeal rights.

D. A person whose Handgun Qualification License is revoked shall return the license to the Licensing Division, Department of State Police within 5 days after receipt of the notice of revocation.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.36 Handgun Qualification License — Appeal.

A. A person whose original or renewal Handgun Qualification License application is denied or whose Handgun Qualification License is revoked may submit a written request to the Secretary for a hearing within 30 days after the date that the written notice of denial or revocation was sent by the Secretary.

B. Upon receipt of a valid request, the Secretary shall grant a hearing within 15 days and the hearing shall be held in the county of the legal residence of the person requesting the hearing.

C. The hearing and any subsequent proceedings of judicial review shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.37 Qualified Handgun Instructor — Generally.

A. A person is a Qualified Handgun Instructor if the person has:

(1) A valid Qualified Handgun Instructor License issued by the Secretary in accordance with Regulation .38 of this chapter;

(2) Been recognized by the Maryland Police and Correctional Training Commissions; or

(3) A valid instructor certification issued by a nationally recognized firearms organization.

B. A Qualified Handgun Instructor shall provide proof of certification or qualification to the Secretary before providing instruction to an applicant for a Handgun Qualification License or a handgun permit.

C. Upon a person’s satisfactory completion of an applicable firearms training course, a Qualified Handgun Instructor shall:

(1) Provide the person a Firearms Safety Training Certificate that includes:

(a) The person’s name and date of birth;

(b) The instructor’s name;

(c) Whether the completed course was a Firearms Safety Training Course or a Handgun Permit Training Course;

(d) The length in hours of the course;

(e) The date of course completion;

(f) The location of the training;

(g) A declaration certifying that the course met the minimum standards prescribed by the Secretary; and

(h) A declaration certifying that the person completed the course; and

(2) Submit the requisite information to the Licensing Division, Department of State Police, as prescribed by the Secretary.

Cross References

29.03.01.29B(3)

29.03.02.05B(3)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.38 Qualified Handgun Instructor License — Application.

A. If a person has not been recognized by the Maryland Police and Correctional Training Commissions or does not have a valid certification issued by a nationally recognized firearms organization, then the person shall obtain a Qualified Handgun Instructor License before acting as a Qualified Handgun Instructor.

B. A Qualified Handgun Instructor License application shall be submitted in the format prescribed by the Secretary.

C. The Qualified Handgun Instructor License application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) Proof of the applicant’s formal training in the care, safety, and use of handguns, including a minimum qualification score of 80 percent on a practical police course; and

(3) Proof of the applicant’s minimum of 1 year of experience in instruction in the care, safety, and use of handguns.

D. Upon receipt of a properly completed application, the Secretary shall issue a Qualified Handgun Instructor License to the applicant within a reasonable time.

E. A Qualified Handgun Instructor License expires 4 years from the date of issuance.

Cross References

29.03.01.01B(36)

29.03.01.37A(1)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.39 Qualified Handgun Instructor License — Renewal.

A. A Qualified Handgun Instructor License may be renewed for successive periods of 4 years.

B. A Qualified Handgun Instructor License renewal application shall be submitted in the format prescribed by the Secretary.

C. The Qualified Handgun Instructor License renewal application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers; and

(2) Proof of the applicant’s experience in instruction in the care, safety, and use of handguns within the past 4 years.

D. Upon receipt of a properly completed renewal application, the Secretary shall issue a renewed Qualified Handgun Instructor License within a reasonable time.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.40 Qualified Handgun Instructor License — Revocation.

A. The Secretary may revoke a Qualified Handgun Instructor License for cause. Sufficient cause may include, but is not limited to, evidence of:

(1) Unsafe range practices;

(2) False reporting of Firearm Safety Training Course completion or Handgun Permit Training Course completion;

(3) Falsification of permit applicant qualification scores;

(4) Failure to satisfy the minimum requirements of training courses;

(5) Conviction for a criminal offense that would preclude the licensee from purchasing or possessing a firearm; or

(6) Conviction for a criminal offense involving the distribution, use, or possession of a controlled substance.

B. The Secretary shall provide written notification to a person whose Qualified Handgun Instructor License is revoked.

C. A written notice of revocation shall contain the reasons the license was revoked and a statement of the person’s appeal rights.

D. A person whose Qualified Handgun Instructor License is revoked shall return the license to the Licensing Division, Department of State Police within 10 days after receipt of the notice of revocation.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.41 Qualified Handgun Instructor License — Appeal.

A. A person whose original or renewal Qualified Handgun Instructor License application is denied or whose Qualified Handgun Instructor License is revoked may submit a written request to the Secretary for an informal review within 10 days after receipt of the notice of denial or revocation.

B. Upon receipt of a valid request, the informal review shall be conducted by a person designated by the Secretary who shall sustain or reverse the initial action and provide written notification of the decision to the person who requested the informal review within 30 days after the informal review.

C. An informal review is not subject to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.42 Dealers — Generally.

A. A person shall lawfully possess a dealer’s license issued by the Secretary before the person engages in the business of selling, renting, or transferring regulated firearms.

B. A dealer’s license is required for each place of business where regulated firearms are sold.

C. A dealer may not sell, rent, or transfer a regulated firearm to:

(1) An applicant whose firearm application is disapproved or is placed on hold because of an open disposition of criminal proceedings against the firearm applicant, unless the disapproval or hold is subsequently withdrawn by the Secretary or overruled by a court;

(2) A purchaser, lessee, or transferee who the dealer knows or has reasonable cause to believe is prohibited from possessing a regulated firearm under Regulation .03 of this chapter; or

(3) A purchaser, lessee, or transferee who is visibly under the influence of alcohol or drugs.

D. A dealer may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is completed by the applicant and submitted to the Secretary by the dealer.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.43 Dealers — Records.

A. Recordkeeping.

(1) A dealer shall keep records of all acquisitions, receipts, sales, rentals, transfers, and other dispositions of firearms affected in connection with the dealer’s business, including a copy of all firearm applications, for a minimum of 3 years.

(2) The records shall include:

(a) The name and address of each person from whom the dealer acquires a firearm;

(b) The name and address of each person to whom the dealer sells, rents, transfers, or otherwise disposes of a firearm;

(c) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of each firearm acquired, sold, rented, transferred, or otherwise disposed of; and

(d) The date of each acquisition, receipt, sale, rental, transfer, or other disposition.

(3) The records shall be maintained in alphabetical or chronological order, in the manner prescribed by the Secretary.

(4) Records maintained under 18 U.S.C. §923(g)(1)(a) may be used to satisfy the requirements of this section, if the Secretary is granted access to those records.

B. A dealer shall respond within 48 hours after receipt of a request from the Secretary for information contained in the records required to be kept under this regulation when the information is requested in connection with a bona fide criminal investigation. The information shall be provided in the manner required by the Secretary.

C. When the Secretary provides written notification to a dealer, the dealer shall submit to the Secretary the information required to be kept under §A of this regulation for the time period specified by the Secretary.

D. The Secretary may inspect the inventory and records of a dealer at any time during the normal business hours of the dealer’s business. The Secretary shall inspect the records and inventory of a dealer at least once every 2 years.

E. The Secretary may make available to a federal, state, or local law enforcement agency any information obtained relating to the identities of persons who have unlawfully purchased or received firearms.

F. When a dealer’s business is discontinued and succeeded by a new dealer, the records required under §A of this regulation shall reflect the business discontinuance and succession and shall be delivered to the successor dealer.

Cross References

29.03.01.50B

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.44 Dealer’s License — Generally.

A. A dealer shall have a valid dealer’s license conspicuously displayed at each place of business. The license shall identify the dealer and the location of the place of business.

B. A dealer’s license is not transferable to a new place of business or another person.

C. Change of Business Location.

(1) Before changing the physical location of a place of business, a dealer shall provide written notice to the Firearms Registration Section and surrender the dealer’s license for that place of business.

(2) Unless cause exists to revoke the dealer’s license, the Secretary shall issue a new dealer’s license without charge to cover the new place of business for the remaining unexpired term of the surrendered license.

(3) The dealer’s license for the new place of business may be renewed under Regulation .49 of this chapter.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.45 Dealer’s License — Application.

A. A dealer’s license application is required for each place of business where the applicant intends to sell or rent regulated firearms.

B. A dealer’s license application shall be submitted in the format prescribed by the Secretary.

C. The dealer’s license application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) A clear and recognizable photograph of the applicant, taken and submitted in the manner prescribed by the Secretary on the application, unless the photograph has been submitted with an application within the preceding 5 years;

(3) A complete set of the applicant’s fingerprints, taken and submitted in the manner prescribed by the Secretary on the application, unless the fingerprints have been submitted with a prior year’s application;

(4) A copy of the applicant’s current valid federal firearms license;

(5) A copy of the applicant’s current retail sales tax license;

(6) A copy of the applicant’s current trader’s license, if an inventory is maintained;

(7) Authorization by the applicant to the Maryland Department of Health, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:

(a) Suffers from a mental disorder and has a history of violent behavior;

(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or

(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders;

(8) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a firearm; and

(9) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

D. The application shall contain the following required statement: “Any false information supplied or statement made in this application is a crime which is punishable by imprisonment for a period of not more than 3 years or a fine of not more than $5,000, or both.”

E. The application must include a signature by the applicant and be notarized.

F. The application must be accompanied by a nonrefundable payment of $50.

G. If an applicant is a corporation, a corporate officer who is a resident of the State shall complete and execute the application.

H. A dealer’s license expires on the first June 30 after its effective date, unless renewed under Regulation .49 of this chapter.

Cross References

29.03.01.49C

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.46 Dealer’s License — False or Omitted Information.

A. An applicant may not provide false information on an application for a dealer’s license, or omit significant information on the application, or cause false information to be given in connection with the verification investigation.

B. Any knowing material omission or false statement may be considered grounds for denial of a license or for criminal prosecution.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.47 Dealer’s License — Investigation.

A. Upon receipt of a properly completed application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant possesses the qualifications for a license and whether the information and statements on the application are true and accurate.

B. Information discovered during the investigation may be used against an applicant who has provided false or misleading information or has omitted information on the application.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.48 Dealer’s License — Issuance and Denial.

A. The Secretary shall issue a dealer’s license or provide a written denial of the application within a reasonable time after receiving a properly completed application.

B. The Secretary shall deny a dealer’s license application if the Secretary determines that the applicant:

(1) Supplied false information or made a false statement on the application or during the course of the investigation;

(2) Did not properly complete the application in the form and manner prescribed by the Secretary; or

(3) Intends that a person who is not eligible to be issued a dealer’s license or whose dealer’s license has been revoked or suspended will:

(a) Participate in the management or operation of the business for which the license is sought; or

(b) Hold a legal or equitable interest in the business for which the license is sought.

C. The Secretary shall deny a dealer’s license application if the Secretary receives a written notification from the applicant’s licensed attending physician that the applicant suffers from a mental disorder and is a danger to the applicant or another.

D. If the Secretary denies a dealer’s license application, the Secretary shall provide written notice of the denial to the person whose license was denied. The written notice shall contain the reasons the license was denied and a statement of the applicant’s appeal rights.

E. A person whose dealer’s license application is denied may not engage in the business of selling, renting, or transferring regulated firearms, unless the denial has been subsequently withdrawn by the Secretary or overruled by a court.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.49 Dealer’s License — Renewal.

A. A dealer’s license may be renewed for successive periods of 1 year. A renewal license expires each year on June 30.

B. A dealer seeking a renewal license shall submit a renewal application on or before June 1.

C. The renewal application shall include the information and comply with the provisions of Regulation .45 of this chapter.

D. The renewal application must be accompanied by a nonrefundable payment of $25.

E. Upon receipt of a properly submitted renewal application, the Secretary shall issue a renewal license within a reasonable time if the applicant is not otherwise disqualified from possessing a dealer’s license.

Cross References

29.03.01.44C(3)

29.03.01.45H

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.50 Dealer’s License — Suspension or Revocation.

A. The Secretary shall suspend a dealer’s license if the dealer is:

(1) Under indictment for a crime of violence; or

(2) Arrested for a violation that would prohibit the purchase or possession of a regulated firearm.

B. The Secretary may suspend a dealer’s license if the dealer is not in compliance with the recordkeeping and reporting requirements of Regulation .43 of this chapter. The Secretary may lift this suspension after the dealer provides evidence that the violation has been corrected.

C. The Secretary shall revoke a dealer’s license if the dealer:

(1) Supplied false information or made false statements in the dealer’s license application or renewal application;

(2) Is prohibited from possessing a regulated firearm;

(3) Has knowingly or willfully manufactured, sold, or offered to sell a handgun not on the handgun roster in violation of Public Safety Article, §5-406, Annotated Code of Maryland;

(4) Has knowingly or willfully participated in a straw purchase of a regulated firearm; or

(5) Has sold, rented, transferred, transported, delivered, or acquired a regulated firearm without complying with all applicable State laws and regulations.

D. If the Secretary suspends or revokes a dealer’s license, the Secretary shall provide written notice of the suspension or revocation to the person whose license was suspended or revoked. The written notice shall contain the reasons the license was suspended or revoked and a statement of the person’s appeal rights.

E. A person whose dealer’s license is suspended or revoked may not engage in the business of selling, renting, or transferring regulated firearms, unless the suspension or revocation has been subsequently withdrawn by the Secretary or overruled by a court.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.51 Dealer’s License — Appeal.

A. Application Denial.

(1) A person whose initial or renewal dealer’s license application is denied may file an appeal to the circuit court of the county where the person’s place of business is to be located within 30 days after the date that the written notice of denial or revocation was sent by the Secretary.

(2) The Secretary or the applicant may appeal the decision of the circuit court to the Court of Special Appeals.

B. Suspension, Revocation, and Fines.

(1) A person whose dealer’s license is suspended or revoked or who is fined for a violation may submit a written request to the Secretary for a hearing within 30 days after the date that the written notice of suspension or revocation was sent by the Secretary.

(2) Upon receipt of a valid request, the Secretary shall grant a hearing within 15 days.

(3) The hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Regulation .22 of this chapter and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.52 Gun Shows — Generally.

A. The Secretary has the sole authority to regulate the sale of regulated firearms at a gun show.

B. A person shall be a resident of this State to sell, rent, or transfer a regulated firearm at a gun show in this State.

C. A person other than a dealer shall obtain a Temporary Transfer Permit in accordance with Regulation .53 of this chapter before the person displays a regulated firearm for sale, rental, or transfer at a gun show.

D. A dealer may not be issued a Temporary Transfer Permit. A dealer may conduct business at a gun show only if:

(1) All business conducted at the gun show is from a table or fixed display;

(2) A legible photostatic copy of a valid dealer’s license is displayed prominently in public view as part of the table or display; and

(3) The dealer conducts business in compliance with the applicable provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

E. A person who possesses a Federal Firearms License is considered to be engaged in the business of selling firearms at wholesale or retail, and may not be issued a Temporary Transfer Permit. The person may not sell, rent, or transfer a regulated firearm in this State unless the person possesses a valid dealer’s license.

F. A person who possesses a Federal Firearms License may sell, rent, or transfer a rifle or shotgun that is not a regulated firearm if:

(1) The purchase, rental, or transfer of the firearm is legal; and

(2) The purchaser, lessee, or transferee of the firearm is a resident of Maryland, Pennsylvania, Delaware, or West Virginia.

G. A person attending a gun show may not sell, offer for sale, rent, or transfer any handgun manufactured after January 1, 1985, that is not on the handgun roster in compliance with Public Safety Article, Title 5, Subtitle 4, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.53 Gun Shows — Temporary Transfer Permits.

A. The Secretary has the sole authority to issue a Temporary Transfer Permit.

B. A Temporary Transfer Permit shall be prominently displayed in public view as a part of a table or fixed display of a person other than a dealer who displays a regulated firearm for sale, rental, or transfer at a gun show.

C. A Temporary Transfer Permit is valid only for the gun show for which it was issued and is not transferable.

D. A Temporary Transfer Permit may not be voided or replaced with another Temporary Transfer Permit.

E. Application.

(1) An application for a Temporary Transfer Permit shall be received by the Maryland State Police a minimum of 10 business days before the first day of the gun show to be attended by the applicant.

(2) The application shall be submitted in the format prescribed by the Secretary.

(3) An initial application must be accompanied by a nonrefundable payment of $10.

(4) An applicant may apply for up to four additional permits when submitting the initial application.

(5) An applicant may also apply for a Temporary Transfer Permit in person at the Firearms Registration Section during normal business hours.

F. Issuance and Denial.

(1) Upon receipt of a properly completely application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant is prohibited by law from purchasing or possessing a firearm or is engaging in the business of a dealer.

(2) The Secretary shall deny an application for a Temporary Transfer Permit if the information on the application is illegible, incomplete, or inaccurate.

(3) The Secretary shall deny an application for a Temporary Transfer Permit if the applicant is prohibited by law from purchasing or possessing a firearm or is engaging in the business of a dealer.

(4) The Secretary shall issue a Temporary Transfer Permit or provide a written denial of the application within 7 days after receiving a properly completed application.

(5) A written denial provided by the Secretary shall contain the reasons the application was denied and a statement of the applicant’s appeal rights.

G. Appeal.

(1) A person whose Temporary Transfer Permit application is denied may submit a written request to the Secretary for a hearing within 30 days after the date that the written notice of denial was sent by the Secretary.

(2) Upon receipt of a valid request, the Secretary shall grant a hearing within 15 days and the hearing shall be held in the county of the legal residence of the person requesting the hearing.

(3) The hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Regulation .22 of this chapter and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

H. In addition to the initial Temporary Transfer Permit, four additional Temporary Transfer Permits may be issued each calendar year to the same applicant at no additional charge.

I. A person who displayed regulated firearms for sale, rental, trade, or transfer at more than five gun shows in a single calendar year shall obtain a dealer’s license in compliance with this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

Cross References

29.03.01.52C

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.54 Gun Shows — Sales, Rentals, and Transfers.

A. The sale, rental, or transfer of a regulated firearm at a gun show must take place from a table or fixed display.

B. A dealer or other person may not transfer a regulated firearm sold or rented at a gun show until after 7 days following the time the firearm application is completed by the applicant and submitted to the Secretary in accordance with Regulation .16 of this chapter.

C. A sale, rental, or transfer of a regulated firearm from a table or fixed display shall comply with the applicable provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

D. An individual wishing to purchase, rent, or receive a regulated firearm at a gun show shall:

(1) Properly complete and submit a firearm application in accordance with this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland; and

(2) Comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

E. A dealer or seller wishing to sell, rent, or transfer a regulated firearm at a gun show shall complete the requisite information on the firearm application. If the Temporary Transfer Permit holder is a private seller, then the seller shall write “TTP” in the section of the firearm application requiring a dealer identification number.

F. Each application to purchase a regulated firearm must be accompanied by a nonrefundable payment of $10.

G. If a firearm application is marked as not disapproved by the Secretary, the Secretary shall send the application to the dealer or prospective seller for transfer to the purchaser.

H. If a firearm application is marked as disapproved by the Secretary, the Secretary shall comply with Regulation .20 of this chapter. The person whose application was disapproved may request a hearing under Regulation .21 of this chapter.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.55 Pawnbrokers.

A. If a person attempts to redeem a previously pawned regulated firearm, the pawnbroker shall determine whether the person is the same individual who deposited the firearm with the pawnbroker as a pledge by requiring the person to display a driver’s license, an age of majority card, or other acceptable photographic identification.

B. If a person attempting to redeem a previously pawned regulated firearm is not the same individual who deposited the firearm with the pawnbroker, then the transfer of the regulated firearm shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

C. If the period allowed for redemption of a pawned regulated firearm has elapsed and the pawnbroker offers the regulated firearm for sale or rental, then the transfer of the regulated firearm shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

(1) The pawnbroker shall notify the prospective transferee that the transferee is subject to the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

(2) The pawnbroker shall write on all pawn tickets issued for pawned regulated firearms: “This pawn ticket is transferable subject to the provisions of Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.”

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.56 Public Auctions and Flea Markets.

The sale, rental, or transfer of a regulated firearm at a public auction or a flea market shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.57 Handguns — Safety Devices.

A. A dealer may not sell, offer for sale, rent, or transfer a handgun manufactured on or before December 31, 2002, unless the handgun is sold, offered for sale, rented, or transferred with an external safety lock.

B. A dealer may not sell, offer for sale, rent, or transfer a handgun manufactured on or after January 1, 2003, unless the handgun is sold, offered for sale, rented, or transferred with an approved integrated mechanical safety device.

C. The provisions of this regulation do not apply to:

(1) An antique firearm;

(2) A firearm modified to render it permanently inoperative;

(3) A sale or transfer by a dealer or manufacturer to a lawful customer outside the State; or

(4) A purchase, sale, transfer, or transport to or by a dealer or manufacturer that provides or services a handgun for:

(a) Personnel of the United States government or an agency or department of the United States government;

(b) Members of the armed forces of the United States or the National Guard;

(c) Law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties; or

(d) An organization that is required by federal law or regulations governing its specific business or activity to maintain handguns and applicable ammunition.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
COMAR 29.03.01.58 Dealers — Security Requirements.

A. A licensed dealer may not conduct business and store firearms at a location unless:

(1) The premises on which the licensed dealer operates is equipped with the security features specified in Public Safety Article, §5-145.1(a)(1), Annotated Code of Maryland, and §§B — D of this regulation; or

(2) Outside business hours, the licensed dealer locks all firearms stored on premises in:

(a) A vault;

(b) A safe; or

(c) A room or building that meets the requirements of Public Safety Article, §5-145.1(a)(1), Annotated Code of Maryland, and §§B — D of this regulation.

B. Video security equipment shall:

(1) Record 24 hours a day, 365 days a year, without interruption;

(2) Provide a date and time stamp for every recorded frame;

(3) Record activity inside and outside the place of business to include:

(a) Each entrance and exit of the place of business; and

(b) Either:

(i) Exterior parking areas leading up to and from the place of business; or

(ii) Exterior corridors leading up to and from the place of business if the parking area is not continuous to the business;

(4) Have limited and secured access to the stored footage in a format that can be easily accessed for investigational purposes;

(5) Retain recordings of security footage for a minimum of 90 days; and

(6) Make footage available upon request by a law enforcement agency within 48 hours.

C. Burglary Alarm System Requirements. A security system shall be continually monitored and cover all perimeter entry and exit points.

D. Physical barriers may include:

(1) Bollards, concrete barriers, steel barricades, planters, landscape boulders, terrain, building construction, and elevation or another physical barrier that prevents intrusion into the building; and

(2) Security gates, screens, shutters, bars, security window film, or window grilles.

E. Inspection. The Secretary:

(1) Shall inspect the security requirements of a licensed dealer at least once every 2 years; and

(2) May inspect the security requirements at any time before being approved for a license, as a follow-up to a non-compliant inspection, during required inventory and record audits, and following a burglary/theft or attempts thereof.

F. Non-Compliance.

(1) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.

(2) In addition to the penalty imposed under §F(1) of this regulation, a person who knowingly and willfully violates this section is subject to:

(a) Suspension of the person’s dealer’s license upon a second offense, with the suspension remaining in effect until compliance is regained; and

(b) Revocation of the person’s dealer’s license upon a third or subsequent offense.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .01—.09 repealed effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.15 adopted effective April 25, 1994 (21:8 Md. R. 675)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.03 to 29.03.01, July 1994
  • Administrative History: Regulation .01 amended and Regulations .16—.20 adopted as an emergency provision effective April 25, 1994 (21:8 Md. R. 669); adopted permanently effective September 12, 1994 (21:18 Md. R. 1513)
  • Administrative History: Regulations .01, .02, and .08 amended and Regulation .21 adopted as an emergency provision effective December 23, 1994 (22:2 Md. R. 74); adopted permanently effective June 19, 1995 (22:12 Md. R. 903)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 5, 1997 (24:9 Md. R. 659)
  • Administrative History: Chapter revised as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001
  • Administrative History: Chapter revised effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .04 amended effective September 30, 2002 (29:19 Md. R. 1526)
  • Administrative History: Regulation .05C amended effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: Regulation .32C adopted effective July 7, 2003 (30:13 Md. R. 854)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective February 2, 2004 (31:2 Md. R. 86)
  • Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.32 repealed and new Regulations .01—.58 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2071)
  • Administrative History: Regulation .45C amended December 12, 2024 (51:24 Md. R. 1082)
  • Administrative History: Regulation .58 repealed effective November 23, 2015 (42:23 Md. R. 1436)
  • Administrative History: Regulation .58 adopted effective December 12, 2024 (51:24 Md. R. 1082)
  • Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland

29.03.02 Handgun Permit Unit

COMAR 29.03.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” has the meaning stated in Public Safety Article, §5-301(b), Annotated Code of Maryland.

(2) “Central Repository” has the meaning stated in Public Safety Article, §5-117.1(f)(1), Annotated Code of Maryland.

(3) “Designated security personnel” means an individual who receives a handgun permit for employment purposes and is a:

(a) Holder of a special police commission;

(b) Uniformed security guard;

(c) Special railway police;

(d) Watchman;

(e) Private detective; or

(f) Guard in the employ of:

(i) An armored car company;

(ii) A bank;

(iii) A savings and loan association;

(iv) A building and loan association; or

(v) An express agency.

(4) “Handgun Permit Training Certificate” means a certificate, letter, or other documentation verifying satisfactory completion of a Handgun Permit Training Course.

(5) “Handgun Permit Training Course” means a firearms training course that satisfies the requisite minimum requirements of Regulation .05 of this chapter.

(6) “Mental disorder” has the meaning stated in Health—General Article, §10-101(f), Annotated Code of Maryland.

(7) “Mental health facility” has the meaning stated in Health—General Article, §10-101(e), Annotated Code of Maryland.

(8) “Permit” has the meaning stated in Public Safety Article, §5-301(d), Annotated Code of Maryland.

(9) “Qualified Handgun Instructor” has the meaning stated in Public Safety Article, §5-101(q), Annotated Code of Maryland.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.02 Generally.

A. Pursuant to Public Safety Article, §5-306(a), Annotated Code of Maryland, the Secretary shall issue handgun permits under specified conditions.

B. Unless otherwise provided by law, a person shall have a valid permit in their possession to carry, wear, or transport a handgun.

C. A valid permit must satisfy all the requirements set forth in this chapter, including any limitations or restrictions imposed by the Secretary.

D. A permit holder may not wear, carry, or transport a handgun while under the influence of alcohol or drugs.

E. Except as provided in §F of this regulation, all valid permits must be issued by the Secretary.

F. An armored car driver’s permit from another state is valid if the driver is on duty in Maryland.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.03 Eligibility.

A. Qualifications. In accordance with Public Safety Article, §5-306, Annotated Code of Maryland, a person is eligible for issuance of a handgun permit only if the person:

(1) Is an adult;

(2) Is not prohibited from possessing a handgun under COMAR 29.03.01.03 or otherwise prohibited from purchasing or possessing a handgun under federal or State law;

(3) Has not been convicted of a felony or misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed, unless the person has been pardoned or the United States Attorney General has granted relief;

(4) Has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

(5) Is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance, unless the habitual use of a controlled dangerous substance is under legitimate medical direction;

(6) Has not exhibited propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or another;

(7) Has a good and substantial reason to wear, carry, or transport a handgun; and

(8) If younger than 30 years old, has not been committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court.

B. Investigation Criteria. The following areas will be a part of the investigation of every applicant and will be considered by the Secretary in determining whether a permit will be issued:

(1) Age of the applicant;

(2) Occupation, profession, or employment of the applicant;

(3) Verification of the applicant’s qualifications;

(4) Verification of the information supplied by the applicant in the application;

(5) Information received from personal references and other persons interviewed;

(6) Information received from business or employment references as may be necessary in the discretion of the investigator;

(7) Criminal record of applicant, including any juvenile record for an applicant younger than 30 years old;

(8) Medical history of applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;

(9) Psychiatric or psychological background of the applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;

(10) The applicant’s propensity for violence or instability which could reasonably render the applicant’s wearing, carrying, or transporting of a handgun a danger to the applicant or to others;

(11) The applicant’s use of intoxicating beverages and drugs;

(12) The reasons given by the applicant for carrying, wearing, or transporting a handgun, and whether those reasons are good and substantial; and

(13) Whether the permit is necessary as a reasonable precaution for the applicant against apprehended danger.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.04 Application.

A. The handgun permit application shall be submitted in the format prescribed by the Secretary.

B. The permit application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) Proof of the applicant’s completion of, or exemption from, a Handgun Permit Training Course with at least 16 hours of instruction within the previous 2 years, in the manner prescribed by the Secretary on the permit application;

(3) A complete set of the applicant’s fingerprints, taken and submitted in the manner prescribed by the Secretary on the application;

(4) Authorization by the applicant to the Maryland Department of Health, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:

(a) Suffers from a mental disorder and has a history of violent behavior;

(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or

(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; and

(5) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun; and

(6) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

C. Except as provided in §D of this regulation, the application must be accompanied by a nonrefundable payment of $75.

D. The Secretary shall not charge a fee to:

(1) A State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or

(2) A retired law enforcement officer of the State or a county or municipal corporation of the State.

E. A handgun permit expires on the last day of the holder’s birth month following 2 years from the date of issuance.

Cross References

29.04.06.06B

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.05 Training Requirement.

A. Except as provided in §B of this regulation, a person applying to obtain or renew a handgun permit shall complete a Handgun Permit Training Course and submit a Handgun Permit Training Certificate issued by a Qualified Handgun Instructor. The submission of the Handgun Permit Training Certificate shall constitute proof that the applicant satisfactorily completed a Handgun Permit Training Course.

B. An applicant does not need to complete a Handgun Permit Training Course if the applicant:

(1) Is a law enforcement officer or has retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;

(2) Is an active member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;

(3) Is a Qualified Handgun Instructor in accordance with COMAR 29.03.01.37; or

(4) Has satisfactorily completed a firearms training course approved by the Secretary as an exemption from the Handgun Permit Training Course.

C. A Handgun Permit Training Course shall consist of a minimum of 16 hours of instruction by a Qualified Handgun Instructor for initial applicants or eight hours of instruction by a Qualified Handgun Instructor for renewal applicants, and shall include the following minimum curricula.

(1) State Firearm Law. Overview of the State firearm laws, including discussion of what constitutes a regulated firearm, how to properly purchase or transfer a firearm, where allowed to carry or transport a firearm, when necessary to possess a carry permit, and who is prohibited from possessing firearms.

(2) Home Firearm Safety. Overview of handgun and firearm safety in the home, including discussion of access to minors, locking and storing of firearms, and use of safety devices, such as secure lock boxes.

(3) Handgun Mechanisms and Operation. Overview of the proper operation and safe handling of a handgun, including cleaning and maintenance, the loading and unloading of ammunition, and the differences between revolvers and semi-automatic handguns, as well as training in nomenclature, sight alignment, position shooting, dry-firing, and range practice.

(4) Proficiency and Use Demonstration. Overview of handgun and firearm safety on the range, off the range, and while transporting or on duty. Orientation that demonstrates the applicant’s proficiency in the operation and use of a firearm, including a shooting component in which the applicant fires live ammunition and obtains a qualifying score of 70 percent as prescribed by the Secretary. Instruction on safety shall be integrated into every phase of the training.

(a) Except as provided in §C(4)(b) of this regulation, the shooting component shall be at least 25 rounds and an applicant may not be required to fire in excess of 15 yards from the target during qualifications.

(b) For designated security personnel, the shooting component shall be conducted on a practical police course as approved by the Secretary. The shooting component shall be at least 50 rounds and an applicant may not be required to fire in excess of 25 yards during qualifications.

Cross References

29.03.02.01B(5)

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.06 False or Omitted Information.

A. An applicant shall not provide false information on an application for a permit, or omit significant information on the application, or cause false information to be given in connection with the verification investigation.

B. Any knowing material omission or false statement may be considered grounds for denial of a permit or for criminal prosecution.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.07 Investigation.

A. Upon receipt of a properly completed application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant possesses the qualifications for a permit.

B. Information discovered during the investigation may be used against an applicant who has provided false or misleading information or has omitted information on the application.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.08 Issuance and Denial.

A. In accordance with Public Safety Article, §5-306(a), Annotated Code of Maryland, the Secretary shall issue a permit or provide a written denial of the application within a reasonable time after receiving a properly completed application.

B. A properly completed application must satisfy all the requirements prescribed by the Secretary.

C. A written denial provided by the Secretary shall contain the reasons the application was denied and a statement of the applicant’s appeal rights.

D. The Secretary may limit the geographic area, circumstances, or times of the day, week, month, or year in which a permit is valid or effective.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.09 Change of Address or Employment.

A. If a permit holder’s address or employment changes, the permit holder shall provide written notification to the Secretary within 10 days of the change.

B. Failure to notify the Secretary within ten days may be grounds for revocation of the permit by the Secretary.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.10 Lost or Stolen Permit.

A. If a handgun permit is lost or stolen, the permit holder shall provide written notification to the Secretary within 10 days after discovery of the loss or theft.

B. The written notification shall be accompanied by a notarized affidavit, under oath, stating that the permit has been lost or stolen.

C. Failure to notify the Secretary within 10 days may be grounds for revocation of the permit by the Secretary.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.11 Replacement or Modification.

A. A person may submit a request to the Secretary for a replacement permit if:

(1) The permit was lost or stolen; or

(2) The permit needs to be modified.

B. A request for a replacement permit must be accompanied by a nonrefundable fee of $10, unless the replacement permit is a result of action by the Handgun Permit Review Board.

C. Upon receipt of a properly submitted request, the Secretary shall issue a replacement permit within a reasonable time if the applicant is not otherwise disqualified from possessing a handgun permit.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.12 Renewal.

A. A permit may be renewed for successive periods of 3 years.

B. The permit renewal application shall be submitted in the format prescribed by the Secretary.

C. The permit renewal application shall include:

(1) The applicant’s name, address, driver’s license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;

(2) The identification number from the applicant’s prior permit;

(3) Proof of the applicant’s completion of, or exemption from, a Handgun Permit Training Course with at least 8 hours of instruction within the previous 2 years, in the manner prescribed by the Secretary on the permit renewal application;

(4) A complete set of the applicant’s fingerprints, taken and submitted in the manner prescribed by the Secretary on the application;

(5) Authorization by the applicant to the Maryland Department of Health, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:

(a) Suffers from a mental disorder and has a history of violent behavior;

(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or

(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; and

(6) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun; and

(7) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.

D. The renewal application must be accompanied by a nonrefundable payment of $50.

E. Upon receipt of a properly submitted renewal application, the Secretary shall issue a renewed permit within a reasonable time if the applicant is not otherwise disqualified from possessing a permit.

F. To ensure adequate time for processing, a renewal application should be filed at least 90 days before the expiration date of the permit which is to be renewed.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.13 Revocation.

A. The Secretary may revoke a permit on a finding that the permit holder:

(1) No longer satisfies the qualifications set forth in Public Safety Article, §5-306, Annotated Code of Maryland; or

(2) Failed to carry the permit in the holder’s possession whenever the holder carried, wore, or transported a handgun.

B. The Secretary shall provide written notification to a person whose permit is revoked.

C. A written notice of revocation shall contain the reasons the permit was revoked and a statement of the person’s appeal rights.

D. A person whose permit is revoked shall return the permit to the Licensing Division, Department of State Police within 10 days after receipt of the notice of revocation.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
COMAR 29.03.02.14 Appeal.

A. Informal Review.

(1) A person whose original or renewal permit application is denied or whose permit is revoked or limited may submit a written request to the Secretary for an informal review within 10 days after receipt of the notice of denial, revocation, or limitation.

(2) Upon receipt of a valid request, the Secretary shall review the action under informal review and may include a personal interview of the person requesting the informal review.

(3) The Secretary shall sustain, reverse, or modify the action under informal review and provide written notification to the person who requested the informal review within 30 days after receipt of the request for informal review.

(4) An informal review is not subject to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

B. Handgun Permit Review Board.

(1) A person whose original or renewal permit application is denied or whose permit is revoked or limited may submit a written request to the Board to review the decision of the Secretary within 10 days after receipt of the notice of denial, revocation, or limitation.

(2) A person whose original or renewal permit application is not acted on by the Secretary within 90 days after submitting the application to the Secretary may submit a written request to the Board for a hearing.

History

  • Administrative History: Effective date: May 26, 1976 (3:11 Md. R. 592)
  • Administrative History: Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
  • Administrative History: Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
  • Administrative History: Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
  • Administrative History: Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)
  • Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland

29.03.03 Handgun Roster Board

COMAR 29.03.03.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Antique firearm” means any:

(a) Firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

(b) Replica of any firearm described in §B(1) of this regulation if the replica:

(i) Is not designed or redesigned for using rimfire or conventional centerfire ammunition, or

(ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(2) “Board” means the Handgun Roster Board.

(3) Handgun.

(a) “Handgun” means a pistol, a revolver, or any other firearm capable of being concealed on the person.

(b) “Handgun” does not include a shotgun, a rifle, a short-barreled rifle, a short-barreled shotgun, or an antique firearm.

(4) “Handgun Roster” means the roster of permitted handguns compiled by the Board under Public Safety Article, §5-406(a)(1), Annotated Code of Maryland.

(5) “Hearing” means a hearing held by the Board to determine whether a handgun should be placed on the Handgun Roster.

(6) “Manufacture” means to engage in the licensed business of producing handguns from raw materials or assembling handguns from parts, or both of these, for sale or distribution, and to assign a Bureau of Alcohol, Tobacco and Firearms registered serial number to the frame or receiver. Nothing in this definition shall be construed to apply to any customizing services performed by a pistolsmith or gunsmith that do not remove any safety mechanisms of the handgun, reduce the overall size of the handgun, shorten the barrel length, or reduce the caliber to less than that of any model variation of the handgun previously approved by the Board.

(7) “Objection” means a formal written opposition to the inclusion of a handgun on the Handgun Roster.

(8) “Objector” means a person who files with the Board a written objection to the inclusion of a handgun on the Handgun Roster.

(9) “Party of record” means any petitioner or objector.

(10) “Person” includes any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(11) “Petition” means a formal written request to the Board for the inclusion of a handgun on the Handgun Roster.

(12) “Petitioner” means a person who files with the Board a petition to have a certain handgun included on the Handgun Roster.

(13) “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(14) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if the weapon, as modified, has an overall length of less than 26 inches.

(15) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if the weapon, as modified, has an overall length of less than 26 inches.

(16) “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(17) “Secretary” means the Secretary of State Police, or the Secretary's designee.

Cross References

29.03.03.02C(1)(a)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.02 Handgun Roster Board; Handgun Roster.

A. Pursuant to Public Safety Article, Title 5, Subtitle 4, Annotated Code of Maryland, there is a Handgun Roster Board within the Department of State Police. The office of the Handgun Roster Board is 1201 Reisterstown Road, Pikesville, Maryland 21208.

B. Except as provided in §C of this regulation, a person may not manufacture for distribution or sale any handgun that is not included on the Handgun Roster compiled by the Board. A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not on the Handgun Roster. Compliance with the provisions of this section is not required until January 1, 1990.

C. This regulation does not interfere with:

(1) A person's ability to:

(a) Manufacture, sell, or offer to sell a rifle or other weapon not defined as a handgun in Regulation .01B of this chapter,

(b) Manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and

(2) The manufacturing in the State of a handgun not on the Handgun Roster by a federally licensed gun manufacturer that is also licensed as a Regulated Firearms Dealer in the State for direct sale to a unit of:

(a) The federal government,

(b) A state other than Maryland,

(c) An out-of-State local government, or

(d) An out-of-State law enforcement agency.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.03 Powers and Duties of the Board.

A. General Powers and Duties. The Board shall exercise the powers and perform the duties conferred upon it by statute or by other applicable law or regulation.

B. Specific Powers and Duties.

(1) The Board shall compile and publish in the Maryland Register annually a Handgun Roster.

(2) The Board may place a handgun on the Handgun Roster upon petition or upon its own initiative. If an objection to the placement of a handgun on the Handgun Roster is not received within the time set by Regulation .12D(1) of this chapter, a handgun shall be officially placed on the Handgun Roster at the expiration of that time. If a timely objection is received and the Board dismisses the objection, the handgun shall be officially placed on the Handgun Roster when the objection is dismissed.

(3) The Board shall send semiannually a copy of the Handgun Roster to all regulated firearms dealers that are licensed under Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, and to the main branch of each public library system in the State.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.04 Chairman.

The Secretary shall serve as chairman of the Board.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.05 Vice-Chairman; Acting Chairman.

The Secretary shall appoint a vice-chairman to the Board. In the absence of the chairman, the vice-chairman shall preside at the meetings and shall perform all the functions and shall have all the power of the chairman.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.06 Meetings.

The Board shall meet periodically at the request of the chairman of the Board or by request of a majority of the members. The Board shall keep a record of all meetings.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.07 Minutes.

Minutes of each meeting of the Board shall be prepared in accordance with State Government Article, §10-509, Annotated Code of Maryland. A copy of the minutes of the last meeting shall be mailed by the chairman or the chairman's designee to each member of the Board in advance of the next scheduled meeting, and consideration of the minutes shall be included as an item on the agenda of that meeting. The minutes of each past meeting shall be reviewed by the members of the Board, revised as necessary, and then adopted as the official record of its proceedings.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.08 Quorum.

Six members shall constitute a quorum for all meetings. Decisions shall be by majority vote of the membership of the Board. All votes shall be recorded.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.09 Expenses.

Members of the Board shall be reimbursed for their actual expenses pursuant to State travel regulations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.10 Determinations as to Handguns.

A. In determining whether any handgun should be included on the Handgun Roster, the Board shall consider the following characteristics of a handgun:

(1) Concealability;

(2) Ballistic accuracy;

(3) Weight;

(4) Quality of materials;

(5) Quality of manufacture;

(6) Reliability as to safety;

(7) Caliber;

(8) Detectability by the standard security equipment commonly used at airports or courthouses and approved by the Federal Aviation Administration for use at airports in the United States; and

(9) Utility for legitimate sporting activities, self-protection, or law enforcement.

B. In determining whether any handgun should be placed on the Handgun Roster, the Board shall carefully consider each of the characteristics listed under §A of this regulation and may not place undue weight on any one characteristic.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.11 Petition Form and Content.

A. Pursuant to Public Safety Article, §5-405, Annotated Code of Maryland, a person may petition the Board for placement of a handgun on the Handgun Roster.

B. Form. A petition to the Board shall be in the form provided by the Board. The petition shall be sent to the Handgun Roster Board Administrator by email, facsimile, or certified or registered mail, return receipt requested, or delivered by hand.

C. Content.

(1) The petition shall include the following information:

(a) A description of the handgun;

(b) Make;

(c) Model;

(d) Caliber;

(e) Year of manufacture;

(f) Overall length;

(g) Barrel length;

(h) Technical specifications, if available to the petitioner, to substantiate the claim that the handgun under consideration is of the type that should be placed on the Handgun Roster; and

(i) Importer, if any.

(2) A petition may include any additional information that the petitioner believes would aid the Board in its deliberations.

(3) If the Board receives confidential information in connection with a petition, use or disclosure of that information is governed by the Maryland Public Information Act, State Government Article, §§10-601—10-628 and 15-507, Annotated Code of Maryland.

Cross References

29.03.03.12D(1)(a)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.12 Review of Petition.

A. Upon request, the petitioner shall submit a representative sample of a handgun under consideration. The Board shall either return the handgun upon completion of its examination or reimburse the petitioner at the fair market value of the handgun, at the option of the Board.

B. The Board may, at its own expense, require an independent examination of the handgun in question before rendering a final decision concerning its placement on the Handgun Roster.

C. A petitioner shall bear the burden of proof that the handgun should be placed on the Handgun Roster.

D. Action on Petition.

(1) Within 45 days of the Board's receipt of a petition, the Board shall:

(a) Approve the petition and publish in the Maryland Register the description specified in Regulation .11C(1) of this chapter, accompanied by notice that any objection to its placement on the Handgun Roster shall be filed with the Board within 30 days after the issue date of the issue of the Maryland Register in which the notice appears; or

(b) Deny the petition in writing, stating the reasons for the denial.

(2) The Board shall send a copy of its denial to the petitioner by certified mail, return receipt requested.

E. Failure to Act. If the Board fails to render a decision on a petition within 45 days after its receipt, the petition shall be considered denied. The Board shall publish notice of its failure to act on the petition in the issue of the Maryland Register for which the closing date follows most immediately after the date on which the 45 days end.

F. Hearing after Denial of Petition.

(1) A petitioner may request a hearing within 15 days from the date on which the Board's denial letter is received or the time for the Board to act expires.

(2) The request for hearing shall be in the form provided by the Board. The request shall identify the petition for which a hearing is being sought and state the reasons for which the hearing is being requested. The request shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand.

(3) Within 90 days after receiving the request for a hearing, the Board shall hold a hearing in accordance with Regulation .16 of this chapter and issue a written final decision on the petition.

(4) If the Board determines, as a result of the hearing, that the handgun should be placed on the Handgun Roster, the Board shall publish the description of the handgun and the notice required by §D(1)(a) of this regulation.

Cross References

29.03.03.03B(2)

29.03.03.13A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.13 Objection Form and Content.

A. Pursuant to Public Safety Article, §5-405(d), Annotated Code of Maryland, a person may object to the placement of a handgun on the Handgun Roster by filing an objection with the Board within the time set by Regulation .12D(1)(a) of this chapter.

B. Form. An objection to the placement of a handgun on the Handgun Roster shall be in the form provided by the Board. The objection shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand.

C. Content. The objection shall identify the handgun being objected to and shall state with particularity the reasons for the objection. The objection shall include any relevant technical information available to the objector and any additional information that the objector believes would aid the Board in its deliberations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.14 Review of Objections.

A. The objector shall have the burden of proof that the handgun objected to should not be placed on the roster.

B. Board's Actions on Objections.

(1) The Board shall act on an objection within 30 days after its receipt of the objection.

(2) If the Board did not previously grant a petition with respect to the handgun, the Board shall dismiss or adopt the objection in writing, stating the reasons for it, and send a copy of its determination to the objector by certified mail, return receipt requested.

(3) If the Board previously granted a petition with respect to the handgun, the Board shall dismiss or tentatively adopt the objection in writing, stating the reasons for it, and send copies of its determination to the objector and the petitioner by certified mail, return receipt requested. The Board shall also send to the petitioner a copy of the objection.

(4) If the petitioner timely requests a hearing under §C of this regulation, the Board's tentative adoption of an objection is not final unless affirmed by a final decision issued in accordance with §C(3) of this regulation. In all other cases, the Board's decision on an objection is final when issued.

(5) If the Board fails to act on an objection within 30 days after its receipt, the objection shall be considered dismissed.

C. Hearing after Tentative Adoption of Objection.

(1) A petitioner may request a hearing within 15 days after receiving the Board's tentative adoption of an objection.

(2) The request for a hearing shall be in the form provided by the Board and shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand. The request shall be served on the objector by one of the same methods.

(3) Within 90 days after receiving a request for a hearing, the Board shall hold a hearing in accordance with Regulation .16 of this chapter and issue a final written decision on the objection.

Cross References

29.03.03.15C

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.15 Notification after Adoption of Objections.

A. If the Board adopts an objection to a handgun which was tentatively placed on the Handgun Roster upon its own initiative, the Board shall:

(1) Publish notice in the Maryland Register, as soon as feasible, that the objection has been adopted;

(2) Send a letter to all regulated firearms dealers licensed under Public Safety Article, §5-106, Annotated Code of Maryland, that an objection to the handgun has been finally adopted and the handgun has not been officially placed on the Handgun Roster; and

(3) Send a copy of the letter in §A(2) of this regulation to the main branch of each public library system in the State.

B. If a handgun was placed on the Roster as the result of a petition, and the petitioner does not request a hearing within 15 days after receiving the Board's tentative adoption of an objection, the Board shall:

(1) Publish notice in the Maryland Register, as soon as feasible, that the objection has been adopted;

(2) Send a letter to all regulated firearms dealers licensed under Public Safety Article, §5-106, Annotated Code of Maryland, that an objection to the handgun has been finally adopted and the handgun has not been officially placed on the Handgun Roster; and

(3) Send a copy of the letter in §B(2) to the main branch of each public library system in the State.

C. If a handgun was placed on the Roster as the result of a petition, and the petitioner does request a timely hearing after receiving the Board's tentative adoption of an objection, a hearing shall be held in accordance with Regulation .14C(3) of this chapter. If, after the hearing, the Board approves the objection, the Board shall:

(1) Publish notice in the Maryland Register, as soon as feasible, that the objection has been adopted;

(2) Send a letter to all regulated firearms dealers licensed under Public Safety Article, §5-106, Annotated Code of Maryland, that an objection to the handgun has been finally adopted and the handgun has not been officially placed on the Handgun Roster; and

(3) Send a copy of the letter in §C(2) of this regulation to the main branch of each public library system in the State.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.16 Hearings.

A. The following regulations apply to hearings that the Handgun Roster Board conducts to determine whether a handgun should be placed on the Handgun Roster. They do not apply to any other proceedings.

B. The Board shall send written notice of the hearing to the parties by certified mail, return receipt requested, at least 10 days before the hearing. The notice shall state the date, time, place, and nature of the hearing.

C. Representation of Parties.

(1) A party may be represented by an attorney or may appear in person.

(2) Unless the attorney's appearance is withdrawn, any notice, decision, or other matter required to be sent to the party shall be sent to the attorney.

(3) When any party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and all objections and motions on the party's behalf shall be made solely by counsel.

D. Conduct of Hearings.

(1) The chairman shall preside over the hearing and shall determine the order of presentation.

(2) Parties may, and at the request of the chairman shall, submit memoranda on any issues of law or fact involved in the hearing.

(3) Written submissions shall be filed in the form and at the time that the chairman may designate.

E. Evidence.

(1) The rules of evidence are those provided by State Government Article, §10-208, Annotated Code of Maryland.

(2) Witnesses and parties shall testify on oath or affirmation.

(3) Any member of the Board may examine any witness called to testify.

(4) The chairman may call as a witness any person in attendance at the hearing.

(5) Each party shall offer all of the evidence that the party wishes to have made part of the record. If the Board has any evidence that it wishes to use in making its decision, the Board shall make the evidence part of the record. In making its decision, the Board may consider only evidence that is in the record.

F. Record. A stenographic record shall be made of each hearing. It is not necessary to transcribe the record unless requested by the chairman or a party. A party requesting a transcript shall pay for the cost of transcription. Whenever a transcript is made, a copy shall be deposited with the chairman of the Board.

Cross References

29.03.03.12F(3)

29.03.03.14C(3)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.17 Placement of Handgun on Handgun Roster.

A handgun shall be placed on the Roster after the:

A. Period for filing objections has expired, if a timely objection is not filed; or

B. Board dismisses all timely objections.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland
COMAR 29.03.03.18 Appeals.

Any aggrieved party of record may appeal within 30 days after the party's receipt of a final decision of the Board in accordance with the Administrative Procedure Act.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615)
  • Administrative History: Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344)
  • Administrative History: Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980)
  • Administrative History: Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999)
  • Administrative History: Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113)
  • Administrative History: Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081)
  • Administrative History: Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)
  • Authority: Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland

29.03.04 Cease Fire Council

COMAR 29.03.04.01 Cease Fire Council.

Pursuant to Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland, there is a Cease Fire Council within the Department of State Police. The office of the Cease Fire Council is 1201 Reisterstown Road, Pikesville, MD 21208.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.02 Powers and Duties of the Council.

A. General Powers and Duties. The Council shall exercise the powers and perform the duties conferred upon it by statute or by other applicable law or regulation.

B. Specific Powers and Duties.

(1) The Council is established to administer a State grant program to support innovative and collaborative firearms violence reduction initiatives.

(2) The Council shall:

(a) Award grants in accordance with Regulation .08 of this chapter;

(b) Establish or assist in the establishment of programs designed to reduce the incidence of firearms violence related crime, and encourage participation in existing programs with these objectives;

(c) Identify specific goals, objectives, and methodologies to be used in support of programs eligible for funding under this chapter;

(d) Identify priorities for firearms violence related crime prevention strategies in the State; and

(e) Develop criteria for the evaluation of the outcomes of programs that receive funds.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.03 Chairman.

The Secretary of State Police, or the Secretary's designee, shall serve as chairman of the council.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.04 Meetings.

A. The Council shall meet periodically at the request of the chairman of the Council or by request of a majority of the members.

B. The Council shall keep a record of all meetings.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.05 Minutes.

A. Minutes of each meeting of the Council shall be prepared in accordance with State Government Article, §10-509, Annotated Code of Maryland.

B. A copy of the minutes shall be mailed by the chairman or the chairman's designee to each member of the Council in advance of the next scheduled meeting, and consideration of the minutes shall be included as an item on the agenda of that meeting.

C. The minutes of each past meeting shall be reviewed by the members of the Council, revised as necessary, and then adopted as the official record of its proceedings.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.06 Quorum.

A. Six members constitute a quorum for all meetings.

B. Decisions shall be by majority vote of the membership of the Council.

C. All votes shall be recorded.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.07 Expenses.

Members of the Council shall be reimbursed for their actual expenses pursuant to the standard State travel regulations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.08 Cease Fire Council Grant Program.

A. The program shall be funded as provided in the State budget.

B. Grants approved by the Council shall be used to carry out the purposes and objectives of this chapter.

Cross References

29.03.04.02B(2)(a)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.09 Grant Application.

A. An applicant for a grant shall submit an application provided by the Council.

B. Grants approved by the Council shall be used to carry out the purposes and objectives of this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland
COMAR 29.03.04.10 Grant Evaluation.

The Council shall consider and give priority to the following when making program awards:

A. Comprehensive and coordinated law enforcement and prosecution programs which target criminals and juveniles who use or illegally possess firearms;

B. Law enforcement and prosecution salaries and overtime in support of firearm violence reduction programs;

C. Covert firearms-related investigations and debriefing of criminal and juvenile arrestees and offenders for information related to illegal firearms trafficking;

D. Initiatives that support the tracing of firearms used to commit crimes or delinquent acts and the identification of illegal firearms traffickers;

E. Purchases of technology and information systems to support firearm violence reduction initiatives; and

F. Other efforts that aid in the apprehension and prosecution of criminals and juveniles who use or illegally possess firearms.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.10 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective April 2, 2001 (28:6 Md. R. 622)
  • Authority: Public Safety Article, Title 5, Subtitle 5, Annotated Code of Maryland

29.04.01 Security Guard Agency Licenses and Security Guard Certifications

COMAR 29.04.01.01 Agency Licenses.

A. An applicant shall submit an application provided by the Secretary of State Police, with the following signatures:

(1) If the applicant is an individual, the application form shall be signed, under oath, by the individual;

(2) If the applicant is a firm, the application form shall be signed, under oath, by the representative member, and by all the other firm members.

B. An applicant for a license shall pay to the Secretary an application fee as follows:

(1) Individual—$200;

(2) Firm—$375;

(3) For a license for both an unincorporated security guard agency and private detective agency under the same licensee name submitted simultaneously—$375; or

(4) For a license for both an incorporated security guard agency and private detective agency under the same licensee name submitted simultaneously—$750.

C. An applicant shall submit to the Secretary a complete set of the applicant's legible fingerprints taken on standard fingerprint cards, accompanied by payment for the costs of the fingerprint card record checks, which are $24 for the Federal Bureau of Investigation and $18 for the Criminal Justice Information System. If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member.

D. Recommendations.

(1) An applicant shall submit to the Secretary three notarized recommendations for the individual, or, if a firm, three notarized recommendations for each firm member.

(2) Each recommendation shall be prepared by a reputable citizen who owns property in the county where the individual applicant or firm member resides or where the business of the security guard agency is to be conducted.

E. An applicant for a license who intends to employ at least five individuals as security guards shall submit with the application proof of liability insurance in an amount not less than $1,000,000.

F. Photograph.

(1) An applicant, and each firm member or corporate officer who will be engaging in security guard services, shall submit two photographs, 11/2 inches square, of the applicant's head and shoulders.

(2) Printed computer-generated photographs that are similar to the size indicated in §F(1) of this regulation and represent a clear display of only the applicant's head and shoulders are acceptable.

G. A completed application form shall include the:

(1) Address of the applicant's proposed principal place of business and of each proposed branch office;

(2) Trade name, as approved by the Department of Assessments and Taxation, or fictitious name that the applicant intends to use while conducting the business of the security guard agency;

(3) Submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security guard agency;

(4) Verification that the applicant or firm has established a Maryland sales tax account for the agency;

(5) If the applicant is a firm, copies of the articles of incorporation and any resolutions passed by the board of directors showing that the representative member is a corporate office of the firm;

(6) A draft copy of the intended badge and patch that the agency intends to use for review and approval by the Secretary; and

(7) A signed copy of the Authorization for Release of Information.

H. A nonresident applicant shall submit a consent and any related document, as required by Business Occupations and Professions Article, §19-505, Annotated Code of Maryland.

I. An individual applicant or representative member of a firm shall report in person to the Licensing Division with all appropriate completed forms and fees. At that time each applicant shall:

(1) Have the right index finger printed to a prenumbered certification card; and

(2) Sign the certification card.

Cross References

29.04.01.03B(7)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.02 Certification Card.

A. An individual applying for employment at a security guard agency for a security guard position shall obtain a certification card issued by the State Police.

B. An application for a security guard certification card consists of:

(1) Two photographs, 11/2 inch square, of the applicant's head and shoulders;

(2) A completed application form;

(3) Two cards with the applicant's fingerprints; and

(4) A check or money order for a nonrefundable application fee of $15 plus payment for the cost of the fingerprint card record checks. Checks or money orders shall be made payable to the Maryland State Police.

C. The State Police will provide the application form and fingerprint cards.

D. The hiring agency is responsible for preparing the completed application cards.

E. The applicant may be denied a certification card if the applicant:

(1) Has been convicted of a crime of violence, which is defined here as:

(a) Abduction,

(b) Arson,

(c) Burglary, including common law and all statutory and storehouse forms of burglary offenses,

(d) Escape,

(e) Housebreaking,

(f) Kidnapping,

(g) Manslaughter, excepting involuntary manslaughter,

(h) Mayhem,

(i) Murder,

(j) Rape,

(k) Robbery,

(l) Sodomy, or

(m) An attempt to commit any of the above offenses, or assault with intent to commit any other offense for which the court sentences an individual to imprisonment for more than 1 year;

(2) Has been convicted of a felony;

(3) Is a habitual drunkard;

(4) Is a fugitive from justice, which is defined as any person who has fled from a sheriff or other peace officer within this State, or who has fled from any state, territory, or the District of Columbia, or possession of the United States, to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding;

(5) Is addicted to or a habitual user of narcotics, barbiturates, or amphetamines;

(6) Has been confined to a mental institution for treatment of a mental disorder or disorders, unless there is attached to the application a physician's certificate, issued within 30 days before the application, certifying that the applicant is of no danger to himself or others;

(7) Has falsified any information on the applicant's application; or

(8) Has been convicted of any criminal act directly related to the applicant's employment with a detective agency licensed or required to be licensed by the State Police.

F. Applicants meeting the criteria listed in §§A—E of this regulation shall be issued a certification card mailed to the employing agency as proof of clearance. The agency shall immediately release the card to the applicant.

G. The certification card is issued to the applicant and is valid for employment with any licensed Maryland security guard agency. The card remains the property of the State and shall be returned to the State Police Licensing Division within 5 days when:

(1) Voluntarily surrendered;

(2) Revoked by the State Police for violation of these regulations;

(3) The holder is convicted of a crime listed above; or

(4) Death of the card holder occurs.

H. It is the responsibility of the employing agency to notify the Licensing Division within 10 days whenever the holder of a certification card either begins or terminates employment with the agency.

I. Lost or Stolen Certification Cards.

(1) Lost or stolen certification cards will be replaced only after an applicant submits under oath an application for a security guard certification card.

(2) The application shall be accompanied by a notarized letter describing the circumstances of the loss.

(3) Payment for the cost of the fingerprint card and record checks shall be charged for replacement of the card.

(4) The applicant shall provide the required fee in the form of a money order or certified check, along with two current fingerprint cards and one photograph.

Cross References

29.04.01.04A(1)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.03 Renewal of Agency License and Certification.

A. Renewed licenses are for a 3-year term, staggered by the Secretary. Expiration dates are either January 31 or July 31.

B. As a condition for license renewal, a licensee shall submit to the Secretary:

(1) A properly completed renewal application;

(2) Statements required by Business Occupations and Professions Article, §19-309, Annotated Code of Maryland;

(3) A fee of $200 if the licensee is an individual or $400 if the licensee is a firm;

(4) Late fees which may be applicable under Business Occupations and Professions Article, §19-309, Annotated Code of Maryland;

(5) A copy of the Workers' Compensation Insurance policy if the agency employs more than one individual, unless the agency can provide documentation with the renewal application from the Workers' Compensation Commission that the agency is exempt;

(6) A list, in a format approved by the Secretary, of registered security guards who have been hired by the agency since the previous agency license renewal process, which shall include for each security guard:

(a) Name;

(b) Date of birth;

(c) Certification number; and

(d) Expiration date of certification card;

(7) Proof that the licensee has met the requirements of Regulation .01E of this chapter regarding liability insurance; and

(8) A list of all members of the firm.

C. As a condition for a security guard certification renewal, it is the responsibility of the individual applicant to obtain and submit:

(1) A renewal application to the Secretary within 90 days before the certification expiration;

(2) A renewal fee of $10;

(3) Payment for the cost of the fingerprint card and record check by the Federal Bureau of Investigation; and

(4) Any applicable late fee.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.04 Disqualification.

A. Disqualification.

(1) If an applicant for a security guard certification card does not meet the criteria listed in Regulation .02 of this chapter, the employing agency will receive written notification of disqualification.

(2) An appeal of the disqualification shall be made in writing to the Licensing Division, State Police, within 30 days of receiving written notice.

B. It is the responsibility of the security guard agency to notify the applicant.

C. Those applicants with circumstances requiring additional investigation shall:

(1) Receive written notice of disqualification pending the final decision; this notice will be mailed to the employing agency which shall be responsible for providing the applicant with a copy; and

(2) Be required to make an appointment to appear in person at the Department of State Police Licensing Division to discuss their applications.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.05 Authorization for Employment Verification Required.

An application may not be submitted by an applicant, and a licensee may not submit an application on behalf of an employee for any person, who is not a born or naturalized citizen of the United States, unless there is attached to the application a valid work authorization from the Immigration and Naturalization Service.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.06 Denials of Licenses and Certifications.

A. Informal Review. On initially determining that an applicant or firm does not meet the standards set forth in Business Occupations and Professions Article, Title 19, Annotated Code of Maryland, or this chapter, the Secretary may:

(1) Notify the applicant for a license or certification to appear for an informal review of the application;

(2) Ask the applicant to produce additional documentation for the Secretary to consider; and

(3) If the applicant fails to appear, make a final determination to approve or deny the application for a license or certification based on the information available.

B. Letter of Denial.

(1) On denial of the license or certification, the Secretary shall send, by certified mail, a letter advising the applicant of the reason for denial.

(2) The notification letter shall include the applicable statement of law or regulation on which the decision to deny the application is based.

(3) The letter shall advise the applicant that the applicant has 30 days from the date of the letter to submit a written request for a hearing before the Office of Administrative Hearings.

C. An applicant shall keep the applicant's current address on file with the Licensing Division. An applicant who has moved without notification to the Licensing Division or has refused delivery of the denial letter is deemed to be duly served the notice of denial.

D. If the applicant fails to submit a written request for a hearing within 30 days of the date of the letter, the applicant is deemed to have waived the applicant's right to a hearing and the final decision will be issued.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.07 Reprimands, Fines, Suspensions, and Revocations.

A. To provide consistency in certain actions taken against a licensee, firm, or person that holds a security guard certification, a penalty matrix is established under §D of this regulation.

B. For the purpose of this chapter, a license term is defined as the period of time from the date of issuance of a license to the date of expiration or revocation, inclusive of all renewals.

C. The penalty matrix is a general working guide. This regulation does not prevent the Secretary from administering any penalty deemed necessary in the best interest of the public or industry.

D. The Secretary establishes the penalty matrix as follows:

(1) Category A—Offenses and Penalties:

(a) Category A offenses are as follows:

(i) Agency failing to submit notification of employment, or termination of employment within 5 days after employment or termination;

(ii) Agency failing to notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status; and

(iii) Licensee failing to ensure that the certification card is given to the employee immediately on receipt from the Secretary;

(b) The penalties for Category A offenses are as follows:

(i) First offense: Warning to agency, licensee, or certified employee;

(ii) Second and third offenses: Reprimand or fine of the agency, licensee, or certified employee;

(c) Fines for Category A offenses, when assessed, shall range from $50—$500 per violation;

(2) Category B—Offenses and Penalties:

(a) Category B offenses are as follows:

(i) Fourth and subsequent Category A offenses within the license term;

(ii) Licensee failing to supervise its office and employees in the State;

(iii) Agency operating with a license that has been expired for 1 to 30 calendar days;

(iv) Agency employing an uncertified security guard for 10 to 30 days without submitting the required application to the Secretary as required under Business Occupations and Professions Article, §19-401(b), Annotated Code of Maryland, regardless of the number of hours the security guard worked during that period;

(v) Certified security guard misrepresenting himself or herself as being authorized to operate as a licensed agency while working for a licensed agency;

(vi) Licensee or individual failing to surrender the wall license or certification card to the Secretary within 5 days after termination of employment or expiration, cancellation, suspension, or revocation of the agency license or certification;

(vii) An individual failing to display the security guard certification on request from a law enforcement officer pursuant to Business Occupations and Professions Article, §19-406(b), Annotated Code of Maryland;

(viii) A certified individual or licensee failing to return issued equipment to the security guard agency within 10 days after termination of employment pursuant to Business Occupations and Professions Article, §19-507(b), Annotated Code of Maryland; and

(ix) A certified security guard loaning the certification card or badge to another individual in violation of Business Occupations and Professions Article, §19-603, Annotated Code of Maryland;

(b) The penalties for Category B offenses are as follows:

(i) First offense: Reprimand, fine, or suspension;

(ii) Second offense: Reprimand, fine, or suspension of the agency, licensee, or certified employee;

(c) Fines for Category B offenses, when assessed, shall range from $100—$1,000 per violation;

(3) Category C—Offenses and Penalties:

(a) Category C offenses are as follows:

(i) Third and subsequent Category B offenses within the license term;

(ii) Agency employing an uncertified security guard for more than 30 days, without submitting the required application to the Secretary, regardless of the number of hours the security guard worked during that period;

(iii) Agency failing to maintain an office in this State that contains the business records made in this State pursuant to Business Occupations and Professions Article, §19-310, Annotated Code of Maryland;

(iv) Agency operating while suspended;

(v) Agency operating with a license that has been expired for 31 to 60 calendar days; and

(vi) Agency or individual operating in violation of any lawful order issued by the Secretary as it applies to Business Occupations and Professions Article, Title 19, Annotated Code of Maryland, or this chapter;

(b) The penalties for Category C offenses are as follows:

(i) First offense: Reprimand, fine, or suspension of agency, licensee, or certified employee;

(ii) Second offense: Fine or suspension of agency, licensee, or certified employee;

(c) Fines for Category C offenses, when assessed, shall range from $250—$2,500 per violation;

(4) Category D—Offenses and Penalties:

(a) Category D offenses are as follows:

(i) Third and subsequent Category C offenses, fourth and subsequent Category B offenses, or a combination of Category A, Category B, and Category C offenses within a license term;

(ii) Agency knowingly allowing any person that has been disapproved, suspended, or revoked to operate as a security guard;

(iii) Agency providing armed employees, or allowing employees to be armed in the performance of their duties, without a valid handgun permit;

(iv) Agency employing an uncertified security guard for more than 90 days without submitting the required application to the Secretary pursuant to Business Occupations and Professions Article, §19-410(b), Annotated Code of Maryland, regardless of the number of hours the security guard worked during that period;

(v) Agency misrepresenting status of agency or agency license to the public;

(vi) Agency operating without a license or soliciting business without a license;

(vii) Agency failing to allow immediate inspection of records during an audit or investigation pursuant to Business Occupations and Professions Article, §19-309, Annotated Code of Maryland;

(viii) Agency, licensee, or certified individual knowingly providing false information, statements, or documentation to the Secretary during any investigation, application, or routine correspondence;

(ix) Agency operating with a license that has been expired for more than 60 calendar days; and

(x) Agency failing to pay assessed fine by due date after final adjudication of appeal or after waiver of appeal rights and acceptance of penalty and fine:

(b) The penalties for Category D offenses are as follows:

(i) First offense: Fine or suspension of agency, licensee, or certified employee;

(ii) Second offense: Fine or suspension of agency, licensee, or certified employee;

(iii) Third offense: Suspension of agency, licensee, or certified employee or revocation of license;

(c) Fines for Category D offenses, when assessed, shall range from $500—$5,000 per violation.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.08 Badges.

Use of badges by security guard agencies is subject to the following conditions:

A. Authorization shall be requested in writing on the agency letterhead specifying the total number of badges required;

B. Written approval shall be received from the State Police Licensing Division before issuing any badges;

C. The badges used:

(1) Shall be numbered consecutively, within the agency, with no duplication, from number 1,

(2) May be gold finished for principals and corporate officers,

(3) Shall be silver for all other employees, and

(4) Shall contain the full agency name and the words “Investigator” or “Security Guard”;

D. The badge will be issued only after the employee has received a State Police security guard certification card;

E. The agency is responsible for the proper use of any badges issued; and

F. The agency will report immediately to the Licensing Division loss or failure of a terminated employee to return a badge.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.09 Duplicate Certification Cards.

A. A lost, stolen, or damaged certification card shall be reported to the Licensing Division immediately.

B. An individual reporting a lost or stolen certification card shall:

(1) Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss;

(2) Provide any police reports, if available;

(3) Make an appointment to come into the Licensing Division with proper photo identification;

(4) Submit two recent photos, 11/2 inches square, depicting the applicant's head and shoulders; and

(5) Pay a $10 processing fee by check or money order, payable to the Maryland State Police.

C. An individual wishing replacement of a damaged certification card shall:

(1) Provide verification on company letterhead indicating present employment;

(2) Make an appointment to come into the Division with proper photo identification;

(3) Submit two recent photos, 11/2 inches square, depicting the applicant's head and shoulders;

(4) Pay a $10 processing fee by check or money order, payable to the Maryland State Police; and

(5) Return the damaged certification card to the Licensing Division.

D. An individual not currently employed by a licensed agency shall follow original application procedures.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.10 Duplicate or Additional Principal and Branch Office Certificates.

A. If a principal or branch office certificate is lost or damaged, a $15 processing fee shall be charged for each certificate and shall be paid by check or money order to the Secretary before issuance of the duplicate certificate or certificates.

B. If an agency, after submission of the original application, submits a request to add a branch office or relocate an existing branch or principal office, a $15 processing fee shall be charged for each certificate and shall be paid to the Secretary before the issuance of the duplicate certificate or certificates.

C. An agency must submit a letter on agency letterhead requesting a duplicate certificate or an additional branch office certificate that includes the:

(1) Circumstances of the destruction or loss of a certificate; or

(2) Complete address of the branch office for which an additional certificate has been requested.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.11 Inspection of Business Records.

Inspection of records means the inspection and review, during normal business hours, Monday through Friday, of any:

A. Records that pertain to a certified security guard or agency, including work sites, payroll records, personnel files, and employee rosters; and

B. Other records of a licensee or agency that relate to any matter subject to certification or documentation under Business Occupations and Professions Article, Title 19, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
COMAR 29.04.01.12 Armed Security Guards; Documentation of Weapon Information Required.

A. If a security guard agency employs armed security guards, the agency shall maintain a list for each armed security guard of:

(1) The weapon type;

(2) The weapon's serial number; and

(3) Whether the weapon is agency owned or personally owned.

B. The personnel file for each armed employee shall contain a photocopy of the handgun permit for each security guard who is armed.

C. An armed security guard may only use a weapon for which the guard has been qualified to shoot and for which the guard has submitted documentation identifying the weapon and the qualifying score to the Licensing Division Handgun Permit Section before carrying that weapon, in accordance with Public Safety Article, Title 5, Annotated Code of Maryland.

D. Security guards may not be armed unless they possess a valid handgun permit.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
  • Administrative History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204)
  • Administrative History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
  • Administrative History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
  • Administrative History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
  • Administrative History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland

29.04.02 Special Police Commission

COMAR 29.04.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Entity” means a municipal corporation, county, or other governmental body of the State; another state, or subdivision or unit of another state; a college, university, or public school system in the State; and a person that exists and functions for a legal business purpose, as referenced in Public Safety Article, §3-303 Annotated Code of Maryland.

(2) “Industrial” means organized economic activity concerned with manufacturing, extracting, and processing of raw materials, or construction; a branch of commercial enterprise concerned with the output of a specified product or service, such as the steel industry.

(3) “Industrial police force” means a police force composed of special police officers hired by an industrial business that conducts business on contiguously zoned property, primarily engaged in manufacturing and production, collectively, such as a steel manufacturing plant.

(4) “Secretary” means the Secretary of the Department of State Police.

(5) “Security officer” means a security officer that has successfully completed the required MPCTC training, that is hired by an entity, that is a certified law enforcement agency, which is recognized by MPCTC and whose property includes roadways as defined by Transportation Article, §11-151, Annotated Code of Maryland, highways as defined by Transportation Article, §11-127, Annotated Code of Maryland, and traffic control devices and/or signals as defined by Transportation Article, §§11-167 and 11-168, Annotated Code of Maryland.

(6) “Special police officer” means an individual who holds a commission as a special police officer as defined in Public Safety Article, §3-301, Annotated Code of Maryland.

(7) “State of emergency” means a condition declared by the Governor for the entire State or for a county or municipal corporation if public safety is endangered or on reasonable apprehension of immediate danger to public safety caused by such things as weather, toxic hazard contamination, infrastructure collapse, or civil disturbance, as defined in Public Safety Article, §14-303, Annotated Code of Maryland

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.02 Who May Apply for a Special Police Officer Commission.

A. The following entities may apply for the appointment of special police officers for the following purposes:

(1) A municipal corporation, county, or other governmental body of the State, in order to protect property owned, leased, or regularly used by the governmental body or any of its units;

(2) Another state, or subdivision or unit of another state, that has an interest in property located wholly or partly in this State, in order to protect the property, as defined in Public Safety Article, §3-303, Annotated Code of Maryland;

(3) A college, university, or public school system in the State, in order to protect its property or students; or

(4) A firm, corporation, partnership, sole proprietorship, or other entity existing and functioning for a legitimate and legal business purpose, in order to protect its business property.

B. The applicant for a commission shall be at least 18 years of age.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.03 Application Process for an Initial Special Police Officer Commission.

A. An application for an initial special police officer commission may be obtained from the Maryland State Police Licensing Division website.

B. Applicants shall print their name and sign a completed application and mail it to the Maryland State Police Licensing Division, Special Police Section, at 1111 Reisterstown Road, Pikesville, MD 21208, with the following items:

(1) The application fee of $100, required by Public Safety Article, §3-304, Annotated Code of Maryland, payable to the Department of State Police in a method dictated by the Secretary, which is not refundable if the application is denied. A fee shall not be charged to any agency of the State;

(2) Two, 2-inch x 2-inch head and shoulder color photographs;

(3) The electronic fingerprint processing center receipt; and

(4) Certification of completion provided by the special police authorized trainer verifying the successful completion of the required 80 hours of training, unless exempt under Regulation .04B of this chapter.

C. After an applicant’s fingerprints are submitted electronically, the applicant shall forward the fingerprint processing center receipt and completed application within 72 hours. If the applicant fails to submit the receipt and application within 72 hours, the application may be returned, as electronic fingerprint submission results are not maintained for extended periods.

D. Fees paid to the Licensing Division are non-refundable. Fees paid to the approved electronic fingerprint processing center do not include those fees owed to the Licensing Division for the processing of the actual application.

E. Investigation of Applicant.

(1) Upon receipt of a complete and accurate application packet, the Maryland State Police Licensing Division shall, within 90 days, investigate the applicant to determine the applicant’s character, reputation, and other qualifications deemed necessary for the issuance of a commission.

(2) The applicant shall supply additional information as required in connection with the investigation.

(3) The applicant shall be notified of the Secretary’s final decision on whether to recommend the denial or granting of the application to the Governor.

(4) Any person aggrieved by the final decision of the Secretary, may make an appeal as a contested case in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(5) Results of the investigation, together with the Secretary’s recommendation for approval or denial, shall be sent to the Governor via the Office of the Secretary of State. Recommendations for denial shall be supported by all available documentary evidence.

F. Within 30 days after the applicant has been notified of the Governor’s approval, the applicant shall report to the appropriate clerk of the court for the circuit court, to take the constitutional oath of office and accept the commission.

G. Once the oath of office has been accomplished, the applicant shall fax or electronically submit the certificate of oath to the Maryland State Police Licensing Division, Special Police Section. Upon receipt of the certificate of oath the Maryland State Police shall forward the officer’s Special Police Commission card to the entity. The entity shall be responsible for the delivery of the Special Police Commission card to the special police officer. The file shall be adjusted to indicate that the applicant is now a special police officer with a valid commission.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.04 Special Police Officer Training.

A. Prior to submitting an initial application, an applicant shall successfully complete a minimum of 80 hours of training verified and approved by the Police Training and Standards Commission (PTSC), which is valid for a period of 5 years.

B. Any applicant who has received entry-level academy police training required by PTSC or held police certification in a state other than Maryland may be considered by PTSC as having completed part, or all, of the 80-hour training required for an original application.

C. In-Service Training.

(1) All special police officers shall successfully complete 12 hours of PTSC-approved in-service training, during the 3 years of a commission, which may be presented as in total or divided across the 3 years of a commission related to at least one of the 61 special police training objectives.

(2) A certification of completion shall be provided by the special police authorized trainer verifying the successful completion of the required 80 hours of training.

D. Audit Authority. All certification and training documentation and procedures approved by PTSC are subject to compliance audits.

E. Exemptions.

(1) An applicant who has, within the past 5 years of the date of application, been a police officer or successfully completed the PTSC Entry Level police officer training is exempt from completing the initial 80-hour MPCTC special police officers training.

(2) A person commissioned as a special police officer prior to October 1, 2020, shall be required to complete the in-service PTSC-approved training for the period their commission is effective, but shall not be required to complete the 80-hour PTSC-approved training.

(3) The minimum 80-hour training requirement for initial applicants shall not be required until October 1, 2020.

(4) Any other exemptions shall be considered, and approved by the Secretary when appropriate.

F. Training Certification.

(1) An entity approved by PTSC that provides the initial 80-hour special police officer training and any portion(s) of in-service training will provide persons who successfully complete the training with written certification.

(2) The written certification shall be included in initial and renewal applications.

Cross References

29.04.02.03B(4)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.05 Expiration of Commission.

A. Initial and renewed commissions shall expire 3 years after the date of issuance.

B. The commission is renewable for a 3-year term if the employer of the special police officer submits a renewal application 90 days prior to a commission expiring.

C. The entity is responsible for renewing the special police officers’ commissions pursuant to Regulation .07 of this chapter.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.06 Renewal Application Process for a Special Police Officer Commission.

A. Renewal applications shall be at the Maryland State Police Licensing Division 90-days before the expiration date of the commission.

B. The requesting entity shall submit renewal applications for their special police employees to the Secretary in the format required, 90-days prior to a commission expiring.

C. Renewal applications received by the Maryland State Police Licensing Division, Special Police Section, after the expiration date of a commission shall not be renewed. Renewal applications in such instances shall be returned to the entity with notification that an applicant is required to reapply as an initial or new applicant.

D. Renewal applications may be obtained from the Maryland State Police Licensing Division website.

E. Officers shall print their name and sign a completed application and ensure it is mailed to the Maryland State Police Licensing Division, Special Police Section, with the following items:

(1) The application fee of $60, payable to the Department of State Police, in a method dictated by the Secretary, which is not refundable if the application is denied. A fee shall not be charged to any agency of the State;

(2) Two, 2-inch x 2-inch head and shoulder color photographs;

(3) The electronic fingerprint processing center receipt; and

(4) Certification of completion provided by the special police authorized trainer verifying the successful completion of the required 12 hours of training.

F. After a renewal applicant’s fingerprints are submitted electronically, the applicant shall forward the fingerprint processing center receipt and completed application within 72 hours. If the applicant fails to submit the receipt and application within 72 hours, the application may be returned, as electronic fingerprint submission results are not maintained for extended periods.

G. Fees paid to the Licensing Division are non-refundable. Fees paid to the approved electronic fingerprint processing center do not include those fees owed to the Licensing Division for the processing of the actual renewal application.

H. Investigation of Renewal Applicant.

(1) Upon receipt of a special police officer’s renewal packet by the Maryland State Police, the officer applying to renew the special police commission shall be investigated for the purpose of determining his character, reputation, and other qualifications deemed necessary for the renewal issuance of a commission.

(2) The renewal applicant shall supply additional information as required in connection with the investigation.

(3) The special police officer shall be notified of the Secretary’s recommendation for the approval or denial to renew the special police officer’s commission.

(4) Any person aggrieved by the final decision of the Secretary, may make an appeal as a contested case in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(5) Results of the investigation, together with the Secretary’s recommendation for approval or denial, shall be sent to the Governor via the Office of the Secretary of State. Recommendations for denial will shall be supported by all available documentary evidence.

I. Within 30 days after the renewal applicant has been notified of the Governor’s approval, the renewal applicant shall report to the appropriate clerk of the court for the circuit court to take the constitutional oath of office and accept the commission.

J. Once the oath of office has been accomplished, the special police officer shall fax or electronically submit the certificate of oath to the Maryland State Police Licensing Division, Special Police Section. Upon receipt of the certificate of oath, the Maryland State Police shall forward the officer’s Special Police Commission card to the employer. The employer shall be responsible for the delivery of the Special Police Commission card to the special police officer. The file shall be adjusted to indicate that the special police officer’s commission has been renewed.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.07 Termination of Employment or Commission.

A. A special police officer shall surrender to the special police officer's employer any identification or badge that identifies the individual as a special police officer within 48 hours after the suspension or termination of the employment of the special police officer or termination of the commission.

B. Within 10 days after receipt of an identification card of a special police officer whose employment was terminated, the employer shall return the Special Police Commission card, with written confirmation on the entity’s official stationery confirming the officer’s employment was terminated, to the Maryland State Police Licensing Division. Failure to comply may result in denial of future applications from that entity.

Cross References

29.04.02.05C

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.08 Findings.

A. The Department of State Police finds that an entity may have:

(1) A staff of all special police officers; or

(2) A staff consisting of both special police officers and special police officers who are also MPCTC-certified police officers and are required to renew their special police commission as specified in this chapter.

B. If an entity employs both special police officers and MPCTC-certified police officers, the special police officers and MPCTC-certified police officers shall wear different uniforms. As police officers and special police officers have different limitations of police powers there shall be a means for a reasonable person under normal conditions to differentiate a special police officer from an MPCTC police officer.

C. Entities shall take measures to prevent special police officers from being identified, by a reasonable person under normal conditions, as a police officer, sheriff, highway patrol, trooper, or law enforcement officer.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.09 Identification.

A. Special police officers are prohibited from having a simulation or imitation of uniform apparel described in Public Safety Article, §3-502(d), Annotated Code of Maryland, that is worn by a police officer, sheriff, deputy sheriff, or constable.

B. Special Police Option Designation.

(1) References to individuals holding a special police commission may be identified on their uniforms, vehicles, signage, or literature by the words “Special Police” or by an option designator such as “Campus Police”, “School Police”, “College Police”, “University Police”, “Hospital Police”, “Beach Police”, “Airport Police”, or a name related to the type of property or business for which protection is provided by special police officers.

(2) Name identifiers that shall not be used are those that imply an entity or entity employee is a member of a law enforcement agency as defined in Public Safety Article, §3-201, Annotated Code of Maryland.

C. Uniforms and Related Items.

(1) Except as provided in Regulation .09B of this chapter, special police officers shall wear uniforms that are distinguishable from ordinary civilian clothing and shall give notice of their designation as special police officers. When on detective duty, special police officers shall carry identification properly identifying them as special police officers.

(2) All special police uniforms shall, on the outermost garment, clearly state the incorporated name of the entity and the words “Special Police” or an option designator name, and shall be of the same size, style, shape, design, and type which is clearly visible by a reasonable person under normal conditions.

(3) Uniforms shall not display a patch, emblem, sign marking, accessory, or insignia indicating the uniforms are the property of a federal, state, or local law enforcement agency.

D. Badge and Patch Requirements.

(1) Badges and patches shall clearly state the incorporated name of the entity and the words “Special Police” or an option designator name and be visible by a reasonable person under normal conditions.

(2) Badges and patches shall not contain the words or seal of a federal, state, or local law enforcement agency.

(3) Badges and patches shall not lead a reasonable person to believe that the badge is that of a member of a law enforcement agency as defined in Public Safety Article, §3-201, Annotated Code of Maryland.

E. Special Police Vehicle Requirements.

(1) Special police officers who may have cause to operate an emergency vehicle as defined in Transportation Article, §11-118, Annotated Code of Maryland, shall do so in compliance with the Transportation Article, Annotated Code of Maryland, including but not limited to §§21-106 and 22-218.

(2) Vehicles shall state the words “Special Police” or an option designator name and be visible by a reasonable person under normal conditions.

(3) Vehicles shall not contain the words or seal of a federal, state, or local law enforcement agency.

(4) Vehicles shall not be marked so as to lead a reasonable person to believe that the vehicle is that of a law enforcement agency as defined in Public Safety Article, §3-201, Annotated Code of Maryland.

F. Special Police Facility Requirements.

(1) Special police facilities shall only display the name of the incorporated agency or option designation name.

(2) Special police facilities shall not display any logos or identification which contains “Law Enforcement Agency” or which may cause a reasonable person believe the company is in any way associated with a federal, state, or local government.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.10 Traffic Ingress and Egress.

A. To facilitate the orderly ingress and egress of traffic on public highways and roads, to and from the property of interest, the Secretary may approve traffic control details performed by special police officers.

B. Requests for approval shall be submitted to the Maryland State Police Licensing Division, Special Police Section, on the entity’s letterhead stationery and signed by the entity’s chief of the special police officer, 30 days in advance of an entity planning to have special police officers perform traffic control functions.

C. The exception to requesting approval 30 days in advance shall be when the Governor declares a state of emergency.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.11 Special Police Officer’s Scope of Authority.

A special police officer may:

A. Arrest individuals who trespass or commit offenses on the property described in the application for the commission;

B. Exercise the powers of a police officer on the property described in the application for the commission;

C. Exercise the powers of a police officer in a county or municipal corporation of the State in connection with the care, custody, and protection of other property of the entity that requested the appointment of the special police officer, or other property, real or personal, for which the entity has assumed a legally enforceable obligation to maintain or protect; and

D. Direct and control traffic on public highways and roads in the immediate vicinity of the property described in the application for the commission in order to facilitate the orderly movement of traffic to and from the property, if approved under Regulation .12 of this chapter.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.12 Special Police Officers Enforcing Maryland Motor Vehicle Laws.

A. A special police officer may make an arrest or issue a traffic citation for a violation of the Maryland Vehicle Law or any other State or local traffic law or regulation only if the special police officer has:

(1) A probationary or permanent appointment as a security officer or is a member of an industrial police force; and

(2) Completed the basic training course for police officers as established by the Police Training and Standards Commission (PTSC), per Public Safety Article, §3-307, Annotated Code of Maryland.

B. A special police officer may exercise police powers only on the property of the special police officer's employer as described in the application for the commission, unless the special police officer is in active pursuit for the purpose of immediate apprehension.

C. The enforcement of motor vehicle laws by special police officers shall be limited to those special police officers who have successfully completed the basic training course for police officers established by PTSC. Persons holding a special police commission, and who fit the definition of a security officer or are members of an industrial police force, shall be considered eligible to take PTSC basic training course for police officers, upon meeting the Selection Standards of PTSC.

D. The entity shall provide proof to the Maryland State Police Licensing Division, Special Police Section, of special police officers or special police officer initial applicants who successfully completed the PTSC basic training course for police officers.

Cross References

29.04.02.11D

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland
COMAR 29.04.02.13 Suspended and Terminated Commissions.

A. A commission is suspended or terminated when the employer of the special police officer files written notice with the Secretary that states that the special police officer is suspended from or terminated from the duties of a special police officer.

B. The Governor may suspend or terminate a commission:

(1) On the recommendation of the Secretary; or

(2) On the Governor’s own motion if the Governor finds it in the best interest of the State.

C. Suspension by the Secretary.

(1) The Governor may delegate the power to suspend a commission to the Secretary.

(2) The Secretary may suspend a commission if it appears that the action is in the best interest of the public.

(3) A suspension issued by the Secretary shall be reviewed by the Governor within 30 days to determine if the suspension should continue or if the commission should be terminated.

D. The suspension or termination of a commission shall be noted in the official records of the Governor.

E. The suspension or termination shall not take effect until 5 days after notice is sent to both the special police officer and the special police officer’s employer.

F. A commission does not terminate if:

(1) An employer no longer needs the services of a special police officer because the employer has transferred the business property described in the commission to another person for legal business purposes; and

(2) The new employer executes a form prepared by the Office of the Secretary of State that affirms that the new employer shall employ the special police officer to protect that business property and will assume the responsibilities of the original employer as described in this chapter.

G. The employer of a special police officer shall immediately inform the Maryland State Police Licensing Division, Special Police Section, upon learning of a special police officer’s arrest for a felony offense.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01A and F, .02D and E, and .03B and C amended, and .04
  • Administrative History: repealed, effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656)
  • Administrative History: Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994
  • Administrative History: Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081)
  • Authority: Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland

29.04.03 Maryland Railroad Police

COMAR 29.04.03.01 Application for Maryland Railroad Police.

A. Applications and renewal forms for Maryland Railroad Police may be obtained from the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794 or any Department of State Police barrack.

B. All questions on the application shall be answered and the application signed under oath before a notary public. Two photographs, 1-1/2 inches x 1-1/2 inches, or a computer disk with one or two photographs, showing head and shoulders, no hat, and light background, taken within 30 days preceding the filing of application, shall be affixed to the application. The two applicant fingerprint cards supplied with the application forms shall accompany the application along with a certified check or money order payable to the Department of State Police for the amount of the application fee of $160 plus payment for the cost of the fingerprint card record checks. The fee is nonrefundable if the application is denied. Completed applications shall be forwarded to the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794 or any Department of State Police barrack. The application shall be in the form prescribed by the Secretary and may be amended from time to time as the Secretary considers appropriate.

Cross References

29.04.03.05B

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.03.02 Investigation of the Applicant.

Upon receipt of the completed application and supporting material, the Secretary shall cause an investigation of the applicant to be conducted, and an appropriate recommendation will be forwarded to the Governor.

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.03.03 False or Omitted Information.

If investigation discloses that the applicant has provided false information on the application, or has omitted significant information on the application for Railroad Police, that falsification or omission is sufficient grounds for the Secretary to recommend the denial of the commission.

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.03.04 Notification of Approval or Denial.

The Governor's Office shall supply to the employer or the applicant or both, notification of approval or denial.

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.03.05 Identification Cards.

A. Identification cards will be issued by the Licensing Division, Maryland State Police.

B. Notification of the loss or theft of the Railroad Police identification cards shall be submitted in writing, within 10 days, to the Secretary, Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794. A fee of $10, payable to the Department of State Police, by certified check or money order, shall accompany the notification to cover the administrative cost of the duplicate identification cards. The notification of loss or theft shall be submitted under oath and a notary seal. Photographs as described in Regulation .01B of this chapter shall accompany the reported loss or theft notification.

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.03.06 Change of Address.

Any change of address regarding the Railroad Police Officer will be submitted in writing, within 10 days, to the Secretary of State Police.

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.03.07 Use of Handguns.

Railroad Police Officers are not required to have handgun permits while actually performing their duties on railroad property. They are also not required to have handgun permits when transporting a handgun from their residence to their place of employment, or when transporting a weapon from one railroad property to another railroad property, or when acting off railroad property pursuant to Public Safety Article, §3-406, Annotated Code of Maryland. However, Railroad Police Officers will be required to have handgun permits if they wish to carry handguns while off-duty and when not acting as described herein.

History

  • Administrative History: Effective date: April 4, 1980 (7:7 Md. R. 708)
  • Administrative History: Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994
  • Administrative History: Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Authority: Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland
COMAR 29.04.04 Outdoor Music Festivals [Repealed]

History

  • Administrative History: Effective date: March 2, 1977 (4:5 Md. R. 383)
  • Administrative History: Regulations .03A, D—F amended, and .04 repealed effective October 24, 1983 (10:21 Md. R. 1903)
  • Administrative History: Regulation .03A amended effective August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: ——————
  • Administrative History: Chapter recodified from COMAR 12.06.09 to 29.04.04, July 1994
  • Administrative History: Regulation .03A, G amended effective September 30, 2002 (29:19 Md. R. 1527)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.03 repealed effective December 12, 2013 (40:24 Md. R. 2017)

29.04.05 Security Systems Agencies and Technicians—Licensing and Registration

COMAR 29.04.05.01 Scope.

A. This chapter does not apply to:

(1) An officer or employee of a unit of the United States, a state, or any county, municipal corporation, or other political subdivision of a state while performing a duty of the office or employment;

(2) A person who sells security systems at a retail establishment or by means of a catalog or brochure for future delivery, if the person does not:

(a) Enter the customer's premises or property, or

(b) Have access to circumventional information;

(3) A commercial property owner or the owner's authorized agent performing the routine operation, including the changing of the pass codes, of a security system that protects the premises of the owner's commercial property; or

(4) A builder of commercial or residential property while installing security systems in buildings under construction that have no current occupants.

B. A subcontractor whose main business fits the definition of “providing security system services” shall be licensed.

C. This chapter does not supersede any local law or ordinance in the State that establishes standards or qualifications for an electrician or for electrical work involved in the installation of a security system or a security alarm.

D. This chapter supersedes any local law or ordinance in the State that requires registration, training, bonding, or insurance for security systems technicians or others who have access to circumventional information. However, it does not preempt local governments from licensing or regulating security system agencies or security system users.

E. Currently Licensed Electricians.

(1) The licensing requirements of this chapter do not apply to a master electrician who:

(a) Currently is licensed in that occupation under State or local law; and

(b) Is acting only within the scope of that occupation.

(2) A master electrician may not:

(a) Personally provide security systems services unless the master electrician is registered as a security systems technician; or

(b) Obtain access to circumventional information unless the master electrician is registered as an individual with access to circumventional information.

F. This chapter does not authorize an individual to perform electrical work that otherwise requires an electrician's license under any State or local ordinance.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Circumventional information” means information, including pass codes, that allows an individual to alter the operation of a security system, but does not include generic user or installation manuals.

(2) “Firm” means a partnership or corporation.

(3) “Firm member” means a partner of a partnership or an officer or director of a corporation.

(4) “License” means a license issued by the Secretary that authorizes the licensee to engage in the business of providing security systems services for compensation.

(5) “Providing security systems services” means providing, on the premises of a person's residential or commercial property, the following services:

(a) Surveying the property for the purpose of installing a security system;

(b) Physically installing, maintaining, or repairing a security system for the customer; or

(c) Responding to a distress call or an alarm sounding from a security system.

(6) “Representative member” means a firm member who is appointed under this chapter to act on behalf of the firm.

(7) “Secretary” means the Secretary of State Police or the Secretary's designee.

(8) “Security systems agency” means an individual or a firm that conducts a business that provides security systems services.

(9) “Security systems technician” means an individual who personally provides security systems services.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.03 Extension of Effective Date.

An individual or person who is engaged in the business of providing security system services on or before October 1, 1996, is not subject to the provisions of this chapter or required to obtain a license under this chapter until October 1, 1997.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.04 Duration of Regulation.

This chapter shall remain in effect until July 1, 2016, when it shall terminate and be of no further force and effect.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.05 Applications and Fees.

A. An application for a security systems agency license and a registration form for a security systems technician and an individual with access to circumventional information, shall be obtained from and returned with the fee and required documents to: Maryland State Police, Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794.

B. Except as provided in Regulation .11D(3) of this chapter, the fees set forth in Regulations .06—.12 of this chapter shall be paid by a check or money order made payable to the Maryland State Police.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.06 License Applications for Security Systems Agencies.

A. Except as otherwise provided in Regulation .07 of this chapter, a person shall be licensed by the Secretary before engaging in the business of providing security systems services in the State.

B. If the applicant for a license is a firm, the firm shall appoint a firm member as the representative member to make the application on behalf of the firm. Each firm member, representative member, and individual license applicant shall:

(1) Be at least 18 years old;

(2) Be of good moral character;

(3) Complete the license application approved by the Secretary which contains a statement that willfully making a false statement on the application is a misdemeanor, subject to a fine or imprisonment, or both, as provided under Regulation .18 of this chapter;

(4) Submit with the application:

(a) At least two recommendations for the applicant, signed, under oath, by reputable citizens of the applicant's state of residence or the state where business is to be conducted,

(b) A complete set of the applicant's legible fingerprints taken on forms approved by the Criminal Justice Information System Central Repository and the Director of the Federal Bureau of Investigation,

(c) A copy of a bond or insurance in accordance with Regulation .14 of this chapter, and

(d) One of the following:

(i) Two clear and legible passport style color photographs 2 inches square, of the applicant's head and shoulders, on a light solid background, without sunglasses, hats, or other obstructions as determined by the Secretary; or

(ii) A 3.5 inch computer disc containing the required photograph if the image is in a joint photographic experts groups (jpeg) format, only containing the image of the applicant's head and shoulders that can be edited to passport size, using not more than 50 kilobytes of disc space; and

(5) Maintain, in an office in the State, documents or other records that are made in the State or relate to a service performed in the State.

C. Each firm shall pay an application fee of $150 which includes the cost of the Maryland and national criminal record check. If the applicant is a firm, each firm member shall pay the cost of the Maryland and national criminal records checks.

D. The Secretary shall:

(1) Make inquiries and conduct an investigation regarding an applicant; and

(2) Conduct a State and national criminal record check for each applicant.

E. A license shall be issued to each applicant who meets the requirements of this chapter.

F. Each issued license shall include the:

(1) Full name of the licensee;

(2) Current address of the licensee;

(3) Date of issuance of the license; and

(4) Date on which the license expires.

G. A photo identification card shall be issued to each individual licensee who meets the requirements of this chapter.

H. Each identification card issued shall include:

(1) A photograph of the applicant; and

(2) The date on which the card expires.

Cross References

29.04.05.05B

29.04.05.07

29.04.05.07B

29.04.05.08C(4)

29.04.05.08F(1)

29.04.05.09B(3)

29.04.05.10B

29.04.05.11C(4)

29.04.05.11F(1)

29.04.05.12B(4)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.07 Waiver of Licensing Requirements.

The Secretary may waive the requirements of Regulation .06 of this chapter and issue a license to an applicant who:

A. Provides adequate evidence that the applicant:

(1) Is licensed to engage in the business of providing security systems services in another state, and

(2) Became licensed in another state after meeting qualifications that are at least equivalent to those required in this State including a state and national criminal record check;

B. Provides two photographs of the applicant, or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and

C. Pays a processing fee of $150.

Cross References

29.04.05.06A

29.04.05.08F

29.04.05.08F(3)(a)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.08 License Renewal.

A. The Secretary shall stagger the terms of the license, which expire as follows:

(1) A license issued February 1 through July 31 expires on the July 31 after 3 full years; and

(2) A license issued August 1 through January 31 expires on the January 31 after 3 full years.

B. At least 1 month before a license expiration, the Secretary shall mail to the licensee a:

(1) Renewal application form; and

(2) Notice that states the:

(a) Date the current license expires,

(b) Date by which the renewal application shall be received for the renewal to be issued and mailed to the licensee to avoid license expiration, and

(c) Amount of the renewal fee.

C. Before receiving a license renewal notice from the Secretary, a licensee may renew a license for an additional 3-year term if the licensee:

(1) Is entitled to be licensed;

(2) Submits a renewal application to the Secretary;

(3) Submits a set of legible fingerprints of the licensee, and each firm member if applicable, on forms approved by the Criminal Justice Information System Central Repository and the Director of the Federal Bureau of Investigation;

(4) Submits two photographs of the licensee, and of each firm member, if applicable, or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and

(5) Pays a renewal fee.

D. To renew a license, the licensee shall pay:

(1) A renewal fee of $100 which includes the cost of the Maryland criminal records check, plus the fee authorized under Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for a national criminal records check; and

(2) The cost of the fingerprint records checks for each firm member.

E. Except as provided in §F of this regulation, before renewing a license, the Secretary shall conduct a State and national criminal record check for each licensee who applies for a license renewal.

F. The Secretary may waive the State and national criminal record check required under §E of this regulation for a licensee who was issued a license under Regulation .07 of this chapter if the licensee:

(1) Submits two photographs of the licensee or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter;

(2) Pays a $100 processing fee; and

(3) Shows that the license:

(a) Issued by another state was renewed by that other state within 1 year of the expiration date of the license issued under Regulation .07 of this chapter, and

(b) Renewal process in the other state included a state and national criminal record check.

G. The license of each licensee who meets the requirements of this regulation shall be renewed.

H. Temporary License.

(1) If the State or national criminal records check required for renewal is not completed before a license expires, a temporary license shall be issued if all other requirements are met.

(2) A temporary license expires at the earlier of the:

(a) Completion of the records check; or

(b) Renewal or denial of the license.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.09 Registration Process.

A. The following individuals shall register with the Secretary once every 3 years:

(1) An individual employed by security systems agencies as security systems technicians; and

(2) An individual with access to circumventional information.

B. Those required to register shall complete the registration form provided by the Secretary and submit the following to the Secretary:

(1) A registration form, which has been filled out completely and signed in front of a notary;

(2) One Criminal Justice Information System fingerprint card and one Federal Bureau of Investigation blue applicant card;

(3) Two photographs of the registrant or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter;

(4) A registration fee of $15; and

(5) The cost of the FBI and CJIS fingerprint background checks.

C. A registration shall be issued to each applicant who meets the requirements of this chapter.

D. Each issued registration shall include the:

(1) Full name of the registrant;

(2) Current address of the registrant;

(3) Date of the issuance of the registration; and

(4) Date on which the registration expires.

E. Except as provided in §G(4) of this regulation, a pocket identification card shall be issued to a registrant who meets the requirements of this chapter.

F. An identification card shall include:

(1) A photograph of the registrant; and

(2) The date on which the registration expires.

G. Temporary Registration.

(1) When required, the Secretary shall temporarily register an individual who:

(a) Meets the requirements for registration; and

(b) Does not have the State or national criminal records check required.

(2) If the Secretary determines after a preliminary background investigation that the issuance of a temporary registration to an individual would result in a potential threat to public safety, the Secretary may refuse to temporarily register that individual.

(3) A temporary registration expires upon the completion of the records check.

(4) An applicant obtaining temporary registration shall receive a form of identification as determined by the Secretary.

Cross References

29.04.05.10

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.10 Waiver of Registration Requirements.

The Secretary may waive the requirements of Regulation .09 of this chapter and register an applicant who:

A. Provides adequate evidence that the applicant:

(1) Is licensed in another state to engage in the business of providing security systems services or registered in another state as a security systems technician or other individual who has access to circumventional information, and

(2) Became licensed or registered in another state after meeting qualifications that are at least equivalent to those required in this State including a state and national criminal record check;

B. Provides two photographs of the applicant or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and

C. Pays a processing fee of $15.

Cross References

29.04.05.11F

29.04.05.11F(3)(a)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.11 Registration Renewal.

A. The Secretary shall stagger the terms of registrations. A renewal shall be for a term that expires on the last day of the applicant's birth month following the third full year after issuance.

B. At least 1 month before a registration expiration, the Secretary shall mail to the licensee a:

(1) Renewal application form; and

(2) Notice that states the:

(a) Date the current registration expires,

(b) Date by which the renewal application shall be received for the renewal to be issued and mailed to the licensee to avoid registration expiration, and

(c) Amount of the renewal fee.

C. Before receiving a registration renewal notice from the Secretary, a registrant may renew a registration for an additional 3-year term if the registrant:

(1) Is entitled to be registered;

(2) Submits a renewal application to the Secretary;

(3) Submits a set of legible fingerprints of the registrant, on forms approved by the Criminal Justice Information System Central Repository and the Director of the Federal Bureau of Investigation;

(4) Submits two photographs or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and

(5) Pays a renewal fee.

D. To renew a registration, the registrant shall pay:

(1) A renewal fee that is the higher of $15 or an amount the Secretary determines based on actual processing costs;

(2) The cost of the background checks; and

(3) To the Maryland State Police or to the licensed security systems agency which employs or intends to employ the registrant as a security systems technician, the mandatory processing fee required by the Federal Bureau of Investigation, for forwarding to the Maryland State Police.

E. Except as provided in §F of this regulation, before renewing a registration, the Secretary shall conduct a national criminal record check for each registrant who applies for a registration renewal.

F. The Secretary may waive the national criminal record check required under §E of this regulation for a registrant who was registered under Regulation .10 of this chapter if the registrant:

(1) Submits two photographs of the registrant or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter;

(2) Pays a $15 processing fee; and

(3) Shows that the license or registration:

(a) Issued by another state was renewed by that other state within 1 year of the expiration date of the registration issued under Regulation .10 of this chapter, and

(b) Renewal process in the other state included a state and national criminal record check.

G. The registration of each registrant who meets the requirements of this regulation shall be renewed.

H. Temporary Registration.

(1) If the national criminal records check required for renewal is not completed before a registration expires, a temporary registration shall be issued if all other requirements are met.

(2) A temporary registration expires at the earlier of the:

(a) Completion of the records check; or

(b) Renewal or denial of the registration.

Cross References

29.04.05.05B

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.12 Lost, Stolen, or Damaged Licenses and Identification Cards.

A. A lost, stolen, or damaged license or identification card shall be reported to the Licensing Division immediately.

B. An individual reporting a license or ID card lost or stolen shall:

(1) Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss;

(2) Provide any police reports, if available;

(3) Make an appointment to come in to the Division with proper photo identification;

(4) If the loss is for an ID card, submit two photographs or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and

(5) Pay a $10 processing fee by check or money order payable to the Maryland State Police.

C. An individual wishing replacement of a damaged identification card shall follow the procedures listed in §B(1) and (3)—(5) of this regulation, and return the damaged card to the Licensing Division.

D. Individuals or firms not currently licensed or employed by a licensed agency shall follow original application procedures.

Cross References

29.04.05.05B

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.13 Licensee's Responsibilities.

The licensee's requirements are those defined in Business Occupations and Professions Article, §13-308, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.14 Employer Bond or Insurance.

A. In order to obtain a license, an applicant shall execute a fidelity bond as provided in §B of this regulation or maintain general liability insurance as provided §C of this regulation.

B. Fidelity Bond.

(1) The amount of the fidelity bond shall be at least $50,000.

(2) The bond shall cover all individuals who are licensed to provide security system services, registered as security systems technicians, have access to circumventional information, or are applicants for a license or registration.

(3) If the fidelity bond is canceled, forfeited, or terminated by the surety, the:

(a) Surety shall immediately notify the Secretary; and

(b) Fidelity bond shall continue in effect until the Secretary is notified.

C. General Liability Insurance.

(1) The amount of the general liability insurance shall be at least $50,000.

(2) If the insurance is canceled, the insured shall immediately notify the Secretary.

D. In addition to the penalties set forth in Regulation .18 of this chapter, a court of competent jurisdiction may enjoin the operation of an employer who violates the requirements of this chapter.

Cross References

29.04.05.06B(4)(c)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.15 Denying, Suspending, and Revoking Registrations and Licenses.

The Secretary may deny a license or registration, reprimand a licensee or registrant, or suspend or revoke a license or registration if the applicant, licensee, registrant, or a firm member or employee of an applicant or licensee that is a firm:

A. Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for someone else;

B. Fraudulently or deceptively uses a license;

C. Has a similar license denied, suspended, or revoked in another jurisdiction;

D. Pleads guilty or nolo contendere to or is convicted of a felony, theft offense, or crime of moral turpitude;

E. Assists a person in fraudulently or deceptively obtaining or attempting to obtain licensure as a security systems technician under this chapter;

F. While not licensed, willfully engages in the business of providing security systems services or advertises as a security systems technician;

G. Willfully makes a false statement or misrepresentation in a renewal application or in any other document that the Secretary requires to be submitted; or

H. Violates any other provision of this chapter.

Cross References

29.04.05.16A

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.16 Hearings for Denied, Suspended, and Revoked Applications, Licenses, and Registrations.

A. Before any final action is taken under Regulation .15 of this chapter, the person against whom the action is contemplated shall have an opportunity for a hearing before:

(1) The Secretary; or

(2) An advisory panel consisting of the following members appointed by the Secretary;

(a) A member of the Department of State Police;

(b) A representative of the security systems industry; and

(c) Three members representing consumers.

B. The Secretary or the advisory panel shall give notice and hold the hearing in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. The hearing notice to be given to the person shall be sent by certified mail to the person's last known address at least 10 business days before the hearing.

D. The Secretary or the advisory panel may administer oaths in connection with any proceeding relating to the hearing.

E. The person may be represented at the hearing by counsel.

F. After due notice, if the person against whom the action is contemplated fails or refuses to appear, the Secretary or the advisory panel may hear and determine the matter.

G. A person aggrieved by a final decision of the Secretary or the advisory panel in a contested case, as defined in State Government Article, §10-202, Annotated Code of Maryland, may appeal as allowed in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.17 Confidentiality.

A. The Secretary shall keep a roster of individuals registered as security systems technicians or as individuals with access to circumventional information.

B. Information obtained through an investigation of an applicant for a license or for registration under this chapter shall be confidential and, unless required by a court order, may not be divulged to a person who is not a law enforcement officer.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland
COMAR 29.04.05.18 Penalties.

A. A person may not engage, attempt to engage, or offer to engage in a business of providing security systems services in the State unless licensed by the Secretary.

B. Unless authorized under this chapter to engage in the business of providing security systems services, a person may not represent to the public, by use of the title “security systems agency” or “security systems technician”, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the business of providing security systems services in the State.

C. A person may not willfully make a false statement on an application form or other document submitted to the Secretary under this chapter.

D. A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a fine up to $1,000 or imprisonment for not more than 1 year, or both.

Cross References

29.04.05.06B(3)

29.04.05.14D

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR)
  • Administrative History: Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295)
  • Administrative History: Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600)
  • Administrative History: Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Administrative History: Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318)
  • Administrative History: Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148)
  • Authority: Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland

29.04.06 Armored Car Guard Supplemental Background Investigations

COMAR 29.04.06.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Approved armored car company” is an armored car company that has applied for and been approved to complete supplemental background investigations

(2) “Armored car company”, as defined in 15 U.S.C. §5904(2) (Title 15. Commerce and Trade; Chapter 85. Armored Car Industry Reciprocity), means a company subject to regulation under subchapter I of chapter 135 of title 49, United States Code (49 U.S.C. §§13501 et seq.) and that is registered under chapter 139 of such title (49 U.S.C. §§13901 et seq.), in order to engage in the business of transporting and protecting currency, bullion, securities, precious metals, supplemental nutrition assistance program benefits, and other articles of unusual value in interstate commerce.

(3) “Armored car guard” means an individual employed by an armored car company to provide armored car services and who carries a firearm or is authorized by the employer to access a firearm when providing armored car services.

(4) “Armored car services” means services provided by an armored car company on a contractual basis for another person, firm, association, or corporation for a fee or other valuable consideration and performs the following primary function of providing secured transportation and protection from one place or point to another place or point of money, currency, coins, bullion, securities, checks, documents, stocks, bonds, jewelry, paintings, and other valuables for a fee or other valuable consideration

(5) “Investigation supervisor” refers to the individual or individuals, assigned by the Secretary, to review and approve background investigations for wear and carry handgun permits issued by the Maryland State Police.

(6) “Secretary” means the Secretary of the Maryland State Police.

(7) “Supplemental background investigation”, as defined pursuant to Public Safety Article, §5-305, Annotated Code of Maryland, refers to a background investigation submitted to the Maryland State Police that is completed by a representative of an approved armored car company, to be considered with the additional required background investigation conducted by the Maryland Department of State Police, as described in Public Safety Article, §5-306, Annotated Code of Maryland.

Cross References

29.04.06.03A

29.04.06.04A

29.04.06.04D(1)

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.02 Generally.

A. An armored car company shall complete an application, in a format determined by the Secretary, to be considered to conduct supplemental background investigations to be considered in the issuance of wear and carry handgun permits to armored car guards for their company.

B. Once approved by the Secretary to conduct and submit supplemental background investigations, an armored car company shall submit supplemental background investigations in a format determined by the Secretary.

C. A valid supplemental background investigation shall meet the same requirements as those required for all wear and carry handgun permit applicants, including any limitations or restrictions imposed by the Secretary.

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.03 Eligibility for Supplemental Background Investigations Conducted by an Armored Car Company.

A. Only armored car companies, as defined in Regulation .01 of this chapter, shall be eligible to apply to conduct supplemental background investigations to be considered in the issuance of a wear and carry handgun permit by the Secretary.

B. A separate application and approval is required for each individual armored car company seeking to conduct wear and carry handgun permit supplemental background investigations, regardless of the ownership or relationship to any other approved armored car company.

C. An armored car company approved by the Secretary under this chapter may conduct and submit supplemental background investigations only for active employees of their company. Armored car companies are not required to conduct their own background investigations and may, at any time, submit applications for wear and carry handgun permits for investigation by the Maryland State Police.

Cross References

29.04.06.06A

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.04 Application Process to Become an Approved Armored Car Company.

A. Any application submitted by a company that does not meet the definition of an armored car company, as defined in Regulation .01 of this chapter will not be considered for approval.

B. Any armored car company seeking to be approved to conduct supplemental background investigations shall be provided with an application packet in a format determined by the Secretary. This packet will include:

(1) A listing of guidelines for submission of supplemental investigations for wear and carry handgun permit applicants;

(2) A detailed listing of mandatory requirements to be included in the wear and carry handgun permit supplemental background investigation; and

(3) A copy of the relevant provisions listed in COMAR 29.03.01.03, Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland, and any other relevant sections of law which directly relate to the issuance of wear and carry handgun permits as prescribed by the Secretary.

C. An armored car company shall submit the completed application, in the format determined by the Secretary, to be considered for approval to conduct wear and carry handgun permit supplemental background investigations.

D. All completed applications submitted to the Secretary shall include the following:

(1) Proof that the company meets the definition of an armored car company, as defined in Regulation .01B of this chapter; and

(2) A sample supplemental background investigation which has been completed utilizing the format and requirements provided for and outlined in §B(1)—(3) of this regulation.

Cross References

29.04.06.05A

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.05 Process for an Approved Armored Car Company to Conduct Supplemental Background Investigations.

A. An armored car company seeking approval to complete supplemental background investigations shall submit an application in compliance with Regulation .04 of this chapter. All applications shall be reviewed for completeness and accuracy. Only completed applications shall be considered for approval. Completed applications shall be reviewed by the investigation supervisor.

B. The armored car company’s application shall be approved or disapproved by the reviewing member of the Maryland State Police following the informal hearing. The applying company shall be notified of their approval or disapproval in writing. Any company that is disapproved will receive an explanation from the investigation supervisor for their disapproval.

C. After approval of the application, a meeting will occur between the investigation supervisor and representatives of the armored car company that filed the application and will be completing the supplemental investigation to complete orientation and training. The armored car company may be questioned further regarding its policy and procedures used to complete the sample background investigation submitted with the application.

D. An approved armored car company shall receive an orientation packet from the investigation supervisor, with detailed instructions regarding the submission, correction, and approval of supplemental background investigations.

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.06 Process for Wear and Carry Handgun Permit — Employees of an Approved Armored Car Company.

A. These procedures will apply to all submitted wear and carry handgun permit applications for armored car guards, with the exception of those submitted under Regulation .03C of this chapter to be investigated solely by the Maryland State Police.

B. Armored car companies shall submit completed supplemental background investigations together with the appropriately completed wear and carry handgun permit application. These will be submitted in the format established by the Secretary and in compliance with the procedures as outlined in COMAR 29.03.02.04 for the submission of wear and carry handgun permit applications.

C. Applications received without the supplemental background investigation shall be assigned to a member of Maryland State Police for investigation. Any supplemental background investigation completed by an approved armored car company submitted separately from the wear and carry handgun permit application will not be accepted.

D. Supplemental background investigations completed by armored car companies shall be used in determining the qualification of the applying armored car guard for a wear and carry handgun permit. The supplemental background investigation shall be used in conjunction with, not in lieu of, the required additional investigation by the Maryland State Police.

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.07 Compliance.

All supplemental background investigations completed by an approved armored car company shall be subject to review and audit by the Secretary or designee.

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland
COMAR 29.04.06.08 Revocation of Approval to Submit Supplemental Background Investigations for Handgun Permits.

A. An approved armored car company that submits supplemental background investigations for wear and carry handgun permits which do not meet the requirements as determined by the Secretary may have their approval to complete supplemental background investigations revoked.

B. An armored car company shall receive written notification of the revocation of their approval to complete supplemental background investigations. An armored car company that has its privilege revoked may be allowed to reapply for consideration to conduct supplemental background investigations for wear and carry handgun permits.

History

  • Administrative History: Effective date: February 29, 2016 (43:4 Md. R. 333)
  • Authority: Public Safety Article, §5-305, Annotated Code of Maryland

29.04.07 Protective Body Armor

COMAR 29.04.07.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Ammunition” means any cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

(2) “Bulletproof body armor” means any material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition.

(3) “Crime of violence” has the meaning stated in Criminal Law Article, §14-101, Annotated Code of Maryland.

(4) “Drug trafficking crime” has the meaning stated in Criminal Law Article, §5-621, Annotated Code of Maryland.

(5) “Firearm” includes:

(a) A handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as defined in Criminal Law Article, §4-201, Annotated Code of Maryland;

(b) A machine gun, as defined in Criminal Law Article, §4-401, Annotated Code of Maryland;

(c) A regulated firearm, as defined in Public Safety Article, §5-101, Annotated Code of Maryland; and

(d) An assault pistol, as defined in Criminal Law Article, §4-301, Annotated Code of Maryland.

(6) “Secretary” means the Secretary of the State Police or the Secretary's designee.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.02 Bulletproof Body Armor Petition for Permit.

A person with a prior conviction for a crime of violence or a drug trafficking crime may file, for good cause shown, a petition with the Secretary for a permit to use, possess, and purchase bulletproof body armor.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.03 Application for a Permit to Use, Possess, or Purchase Bulletproof Body Armor.

A. Applications may be obtained from the Maryland State Police Licensing Division or any Department of State Police barrack.

B. Completed applications shall be filed with the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794.

C. Application Requirements.

(1) All questions on the application shall be answered, typed or printed. The application shall be signed under oath before a notary public.

(2) Photographs or computer images must have been taken within 30 days preceding the filing of the application, and shall be affixed to the application. The format shall be as follows:

(a) Two photographs, 11/2 inches by 11/2 inches, with no hat, showing head and shoulders, and on a light background; or

(b) In place of the photographs under §C(2)(a) of this regulation, a 31/2 inch computer disc containing a digital photographic image of the applicant in a JPEG format with no hat, showing head and shoulders, and on a light background.

Cross References

29.04.07.09B

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.04 Investigation of Applicant.

Upon receipt of the application and the supporting material described, the Secretary shall conduct an investigation of the applicant to determine whether the applicant possesses the qualifications for a permit as required by Criminal Law Article, §4-107, Annotated Code of Maryland.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.05 Criteria for Issuance of Permit.

To determine whether a permit may be issued to an applicant, the following areas shall be investigated and considered:

A. Verification of the information supplied by an applicant in the application;

B. Occupation or profession of the applicant;

C. Criminal record of the applicant;

D. The interests of justice;

E. Medical history of the applicant as it may pertain to the applicant's fitness to use, purchase, or possess protective body armor;

F. Psychiatric or psychological background of the applicant as it may pertain to the applicant's fitness to use, purchase, or possess protective body armor;

G. Validity of reasons given by the applicant;

H. The totality of the circumstances;

I. Applicant's excessive or habitual use of intoxicating beverages and drugs;

J. Information received from personal references and other people interviewed;

K. Information received from business or employment references as may be necessary in the discretion of the investigator;

L. Whether the applicant has any alternative available to him for protection other than wearing protective body armor; and

M. The applicant's propensity for violence or instability which could reasonably render his owning, purchasing, or possessing protective body armor a danger to himself or to others.

Cross References

29.04.07.11A

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.06 False or Omitted Information.

If the investigation discloses that the applicant has furnished false information on the application for the permit, or has omitted significant information on the application for the permit, or has caused false information to be given in connection with the investigation, the Secretary may consider that activity to be a basis for denial of the permit.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.07 Notification of Issuance or Denial of Permit.

Upon the completion of the investigation, the Secretary shall notify the applicant by letter either that the permit has been issued or that it has been denied.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.08 Renewal of Permit.

A. An application for renewal of a permit to use, possess, or purchase protective body armor shall contain the same information and type of photographs, or digital disc, as for an original application.

B. A permit issued under this chapter expires in the 5th year after the date of its issuance, on the last day of the applicant's month of birth.

C. A permit shall be renewed for successive periods of 5 years if the applicant:

(1) Files an application for renewal at any time during the 3 months prior to the expiration of the permit; and

(2) At the time of application, possesses the qualifications set forth in this chapter for the issuance of a permit.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.09 Replacement or Modification of Permits.

A. If a permit to use, possess, or purchase protective body armor is lost or stolen, notification of the loss or theft shall be made in writing to the Secretary at the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794, within 10 days upon discovery of the loss or theft. An affidavit, under oath before a notary public, stating that the permit has been lost or stolen, shall accompany the notification.

B. An applicant may file a request to modify a permit to use, possess, or purchase protective body armor. The request shall be made in writing to the Secretary and shall be accompanied by a photograph or digital photographic image meeting the requirements of Regulation .03C(2) of this chapter.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.10 Change of Address or Employment.

A. If there is a change of address of an individual to whom a permit to use, purchase, or possess protective body armor has been issued, the individual shall notify the Secretary in writing, within 10 days of the change.

B. If an individual to whom a permit to use, purchase, or possess protective body armor has been issued changes employment, and the permit has been issued in conjunction with the individual's employment, the Secretary shall be notified by the individual in writing within 10 days of any changes in employment status.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.11 Revocation of Permit.

The Secretary may revoke a permit issued or renewed at any time on a finding that a permit holder:

A. No longer satisfies the qualifications set forth in Regulation .05 of this chapter;

B. Made false statements or false representation in a renewal application;

C. Altered or forged a permit to use, purchase, or possess protective body armor;

D. Sold, rented, or otherwise transferred a protective body armor permit to another person;

E. Violated any of the permit restrictions imposed by the Secretary as provided by Criminal Law Article, §4-107, Annotated Code of Maryland; or

F. Failed to notify the Secretary, within 10 days, of any change in address, or if the applicant's permit was issued in conjunction with employment purposes, a change in employment status.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland
COMAR 29.04.07.12 Review of Denial or Revocation of Permit.

A. Any person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Secretary's initial action.

B. The informal review may include a personal interview with the applicant.

C. Pursuant to the informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the applicant of the decision in writing within 30 days after receipt of the request for an informal review.

D. Any person aggrieved by a decision of the Secretary may seek review under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: April 28, 2003 (30:8 Md. R. 543)
  • Authority: Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland

29.04.08 Private Detective Agency Licenses and Private Detective Certifications

COMAR 29.04.08.01 Applicant for Agency License.

A. In this chapter, “licensee” includes an applicant for a private detective agency license, except that written charges may not be filed against an applicant.

B. An applicant shall submit an application provided by the Secretary of State Police with the following signatures:

(1) If the applicant is an individual, the application form shall be signed under oath by the individual; and

(2) If the applicant is a firm, the application form shall be signed under oath by the representative member and all other members of the firm.

C. An applicant for a license shall pay to the Secretary an application fee as follows:

(1) Individual—$200;

(2) Firm—$375;

(3) For a license for both an unincorporated private detective agency and security guard agency under the same licensee name submitted simultaneously—$375;

(4) For a license for both an incorporated private detective agency and security guard agency under the same licensee name submitted simultaneously—$750;

(5) For a license as a firm member—$42; or

(6) For a license as a representative member—$42.

D. An applicant shall submit to the Secretary a complete set of the applicant's legible fingerprints taken on standard fingerprint cards, accompanied by payment for the costs of the fingerprint card record checks, which are $24 for the Federal Bureau of Investigation and $18 for the Criminal Justice Information System. If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member.

E. Recommendations.

(1) An applicant shall submit three notarized recommendations for the individual, or, if a firm, three notarized recommendations for each member of the firm.

(2) Each recommendation shall be prepared by a reputable citizen who owns property in the county where the individual applicant or firm member resides or where the business of the private detective agency is to be conducted.

F. An applicant for a license who intends to employ at least five individuals as private detectives shall submit with the application proof of liability insurance in an amount not less than $1,000,000, as required under Business Occupations and Professions Article, §13-604, Annotated Code of Maryland.

G. Photograph.

(1) An applicant, and each member of a firm, or representative member wishing to be a certified private detective, who will be engaging in private detective services, shall submit two photographs, 11/2 inches square, of the applicant's head and shoulders.

(2) Printed computer-generated photographs that are similar to the size indicated in §G(1) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable.

H. A completed application form shall include the:

(1) Address of the applicant's proposed principal place of business and of each proposed branch office;

(2) Trade name, as approved by the Department of Assessments and Taxation, or fictitious name that the applicant intends to use while conducting the business of the private detective agency;

(3) Submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the private detective agency;

(4) Verification that the applicant or firm has established a Maryland Sales Tax Account for the agency;

(5) If the applicant is a firm, copies of the articles of incorporation and any resolutions passed by the board of directors showing that the representative member is a corporate office of the firm; and

(6) A signed copy of the Authorization for Release of Information.

I. A nonresident applicant shall submit a consent and any related document, as required by Business Occupations and Professions Article, §13-605, Annotated Code of Maryland.

Cross References

29.04.08.02B(5)

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.02 Renewal of Agency License.

A. Renewed private detective agency licenses are for a 2-year term, staggered by the Secretary. Expiration dates are either January 31 or July 31.

B. As a condition for license renewal, a licensee shall submit to the Secretary:

(1) A properly completed renewal application;

(2) Statements required by Business Occupations and Professions Article, §13-309, Annotated Code of Maryland;

(3) A fee of $200 if the licensee is an individual or $400 if the licensee is a firm;

(4) Late fees that may be applicable under Business Occupations and Professions Article, §13-309, Annotated Code of Maryland;

(5) Proof that the licensee has met the requirements of Regulation .01F of this chapter regarding liability insurance; and

(6) A list of all members of the firm.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.03 Certification.

A. Application.

(1) Each individual employee of a private detective agency acting as a private detective is required to submit an application on forms prescribed by the Secretary.

(2) The licensed agency will be provided with applications that shall be completed by the agency and the applicant.

(3) The fee for a private detective certification is $15 plus payment for the cost of both the State and national fingerprint card record checks. The check or money order shall be made payable to the Maryland State Police.

(4) An applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs as provided for in §A(5) of this regulation.

(5) Photographs.

(a) The photographs required under §A(4) of this regulation shall be of the applicant's head and shoulders, 11/2 inches square, no hat and light background, taken within 30 days before the filing of the application.

(b) Printed computer-generated photographs that are similar to the size indicated in §A(5)(a) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable.

B. If the applicant is approved as a private detective, an identification card shall be issued on a form prescribed by the Secretary.

C. The applicant may be denied a private detective identification card if the applicant:

(1) Has been convicted of a crime of violence, which is defined here as:

(a) Abduction;

(b) Arson;

(c) Burglary, including common law and all statutory and storehouse forms of burglary offenses;

(d) Escape;

(e) Housebreaking;

(f) Kidnapping;

(g) Manslaughter, excepting involuntary manslaughter;

(h) Mayhem;

(i) Murder;

(j) Rape;

(k) Robbery;

(l) Sodomy; or

(m) An attempt to commit any of the above offenses, or assault with intent to commit any other offense for which the court sentences an individual to imprisonment for more than 1 year;

(2) Has been convicted of a felony;

(3) Is a habitual drunkard;

(4) Is a fugitive from justice, which is defined as a person who has fled from a sheriff or other peace officer within this State, or who has fled from any state, territory, or the District of Columbia, or possession of the United States, to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding;

(5) Is addicted to or a habitual user of narcotics, barbiturates, or amphetamines;

(6) Has been confined to a mental institution for treatment of a mental disorder or disorders, unless there is attached to the application a physician's certificate, issued within 30 days before the application, certifying that the applicant is of no danger to the applicant or others;

(7) Has falsified any information on the applicant's application; or

(8) Has been convicted of any criminal act directly related to the applicant's employment with a detective agency licensed or required to be licensed by the State Police.

D. The private detective identification card is issued to the applicant and is valid for employment only with the private detective agency through which the applicant obtained private detective certification. The card remains the property of the State and shall be returned to the State Police Licensing Division within 5 days after:

(1) It is voluntarily surrendered;

(2) It is revoked by the State Police for violation of this chapter;

(3) The holder is convicted of a crime listed in §C of this regulation;

(4) Death of the card holder occurs; or

(5) The holder terminates employment with the private detective agency through which the applicant obtained private detective certification.

E. It is the responsibility of the employing agency to notify the State Police Licensing Division when the holder of a private detective identification card is terminated from employment with the agency.

Cross References

29.04.08.12B(3)

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.04 Renewal of Certification.

A. Renewed private detective certifications are for a 3-year term.

B. As a condition for certification renewal, an applicant shall submit to the Licensing Division:

(1) A properly completed renewal application; and

(2) A fee of $15 plus payment for the cost of both the State and national fingerprint card record checks.

C. The check or money order shall be made payable to the Maryland State Police.

D. The applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs.

E. Photographs.

(1) The photographs required under §D of this regulation shall be of the applicant's head and shoulders, 11/2 inches square, no hat and light background, taken within 30 days before the filing of the application.

(2) Printed computer-generated photographs that are similar to the size indicated in §E(1) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.05 Authorization for Employment Verification Required.

An application may not be submitted by an applicant, and a licensee may not submit an application on behalf of an employee for any person who is not a born or naturalized citizen of the United States, unless there is attached to the application a valid work authorization from the Immigration and Naturalization Service.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.06 Certification Card.

A. An individual applying for employment as a private detective, on certification, shall be issued a certification card by the State Police.

B. The issuance and form of the certification shall be in conformance with Business Occupations and Professions Article, §13-406, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.07 Duplicate Certification Cards.

A. A lost, stolen, or damaged certification card shall be reported to the Licensing Division immediately.

B. An individual reporting a lost or stolen certification card shall:

(1) Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss;

(2) Provide any police reports, if available;

(3) Make an appointment to come into the Licensing Division with proper photo identification;

(4) Submit two recent photos, 1-1/2 inches square, depicting the applicant's head and shoulders; and

(5) Pay a $10 processing fee by check or money order, payable to the Maryland State Police.

C. An individual wishing replacement of a damaged certification card shall:

(1) Provide verification on company letterhead indicating present employment;

(2) Make an appointment to come into the Licensing Division with proper photo identification;

(3) Submit two recent photos, 1-1/2 inches square, depicting the applicant's head and shoulders;

(4) Pay a $10 processing fee by check or money order, payable to the Maryland State Police; and

(5) Return the damaged certification card to the Licensing Division.

D. An individual not currently employed by a licensed agency shall follow original application procedures.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.08 Badges.

Use of badges by private detective agencies is subject to the following conditions:

A. Authorization shall be requested in writing on agency letterhead specifying the total number of badges required;

B. Written approval shall be received from the Maryland State Police Licensing Division before issuing any badges;

C. The badges used:

(1) Shall be numbered consecutively within the agency, with no duplication, from number 1;

(2) May be gold finished for principals and corporate officers;

(3) Shall be silver for all other employees; and

(4) Shall contain the full agency name and the word “Investigator”;

D. The badge shall be issued only after the employee has received a State Police private detective certification card (Investigator);

E. The agency is responsible for the proper use of any badges issued; and

F. The agency shall report immediately to the Licensing Division loss of a badge or failure of a terminated employee to return a badge.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.09 Disqualification.

A. Disqualification.

(1) If an applicant for a private detective certification card does not meet the standards set forth in Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter, the employing agency shall receive written notification of disqualification.

(2) An appeal of the disqualification shall be made in writing to the Licensing Division, State Police, within 30 days of receiving written notice.

B. It is the responsibility of the private detective agency to notify the applicant.

C. Those applicants with circumstances requiring additional investigation will:

(1) Receive written notice of disqualification pending the final decision, mailed to the employing agency, which is responsible for providing the applicant with a copy; and

(2) Be required to make an appointment to appear in person at the Maryland State Police Licensing Division to discuss their applications.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.10 Denials of Licenses and Certifications.

A. Informal Review. On initially determining that an applicant or firm does not meet the standards set forth in Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter, the Secretary may:

(1) Notify the applicant to appear for an informal review of the application;

(2) Ask the applicant to produce additional documentation for the Secretary to consider; and

(3) If the applicant fails to appear, make a final determination to approve or deny the application for a license or certification based on the information available.

B. Letter of Denial.

(1) On denial of the license or certification, the Secretary shall send, by certified mail, a letter advising the applicant of the reason for denial.

(2) The notification letter shall include the applicable statement of law or regulation on which the decision to deny the application is based.

(3) The letter shall advise the applicant that the applicant has 30 days from the date of the letter to send in a written appeal to the Licensing Division.

C. An applicant shall keep the applicant's current address on file with the Licensing Division. An applicant who has moved without notification to the Licensing Division or has refused delivery of the denial letter is deemed to be duly served the notice of denial.

D. If the applicant fails to submit a written appeal within 30 days, the applicant is deemed to have waived the applicant's rights to appeal and the proposed action becomes final.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.11 Appointment of Licensee Upon Vacancy.

A. Upon the vacancy of a representative member, an agency shall comply with the time requirements for appointment of a new licensee pursuant to Business Occupations and Professions Article, §13-311, Annotated Code of Maryland.

B. An agency may sponsor a new applicant for consideration by the Secretary; however, an appointment may not be made until the Secretary determines that the new applicant qualifies for an agency license.

C. In order for the Secretary to have sufficient time to process the new application and determine the background and qualifications of the new licensee applicant upon a vacancy, an agency shall submit the application to the Secretary within 30 days after the date of the vacancy.

D. If, for any reason, an agency does not submit an application for a new licensee within 30 days after a vacancy, the agency shall be automatically suspended pursuant to Business Occupations and Professions Article, §13-701, Annotated Code of Maryland.

E. An agency shall remain suspended until such time as the Secretary completes the background investigation and issues a license.

F. If an individual holding an agency license vacates the position or the position is vacated by a death, an agency license shall be voided and a new license issued on application, completed investigation, and approval by the Secretary. If the agency continues to use the same trade name, additional fees are not assessed.

G. If the applicant has submitted the application within 30 days of the vacancy, and the Secretary has not received the fingerprint background results within 90 days from the date of the application:

(1) A computer background check shall be conducted of the applicant based on identifying characteristics and information provided on the application form;

(2) If the applicant otherwise qualifies, a license may be approved and issued to the applicant based on the investigation and computer background checks results; and

(3) Unless the fingerprint results or any other investigation reveals a disqualifying offense or questionable character, further action will not be taken by the Secretary.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.12 Surrender of Agency License or Certification.

A. A private detective agency license or certification card issued to the applicant is valid only for the agency identified on the license or certification card.

B. The card remains the property of the State and shall be returned to the Secretary by the licensee or the card holder, through the Licensing Division, within 5 days after:

(1) It is voluntarily surrendered;

(2) It is suspended or revoked by the Secretary for violation of this chapter or Business Occupations and Professions Article, Title 13, Annotated Code of Maryland;

(3) The holder is convicted of a crime listed in Regulation .03C of this chapter;

(4) Death of the holder occurs; or

(5) In the case of a person holding a certification, the holder terminates employment with the private detective agency through which the applicant obtained a private detective certification.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.13 Armed Private Detectives; Documentation of Weapon Information Required.

A. If a private detective agency employs armed private detectives, the agency shall maintain a list for each armed private detective of:

(1) The weapon type;

(2) The weapon's serial number; and

(3) Whether the weapon is agency owned or personally owned.

B. The personnel file for each armed employee shall contain a photocopy of the handgun permit for each private detective who is armed.

C. An armed private detective may only use a weapon for which the private detective has been qualified to shoot and for which the private detective has submitted documentation identifying the weapon and the qualifying score to the Licensing Division Handgun Permit Section before carrying that weapon, in accordance with Public Safety Article, Title 5, Annotated Code of Maryland.

D. Private detectives may not be armed unless they possess a valid handgun permit.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland
COMAR 29.04.08.14 Reprimands, Fines, Suspensions, and Revocations.

A. To provide consistency in certain actions taken against any licensee, firm, or person that holds a private detective certification, a penalty matrix is established in §D of this regulation.

B. For the purpose of this chapter, a license term is defined as the period of time from the date of issuance of a license to the date of expiration or revocation, inclusive of all renewals.

C. The penalty matrix is a general working guide. This regulation does not prevent the Secretary from administering any penalty deemed necessary in the best interest of the public or industry.

D. The Secretary establishes the penalty matrix as follows:

(1) Category A—Offenses and Penalties:

(a) Category A offenses are as follows:

(i) Agency failing to notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status;

(ii) Agency using badges not approved by the Secretary; and

(iii) Agency using a trade name not approved through the State;

(b) The penalties for Category A offenses are as follows:

(i) First offense: Warning to agency, licensee, or certified employee;

(ii) Second and third offenses: Reprimand or fine of agency, licensee, or certified employee;

(c) Fines for Category A offenses, when assessed, shall range from $50—$500 per violation;

(2) Category B—Offenses and Penalties:

(a) Category B offenses are as follows:

(i) Fourth and subsequent Category A offenses within the license term;

(ii) Licensee failing to supervise its office and employees in the State;

(iii) Agency operating with a license that has been expired for 1 to 30 days;

(iv) Agency employing uncertified private detectives for 10 to 30 days without submitting the required application to the Secretary as required under Business Occupations and Professions Article, §13-401, Annotated Code of Maryland, regardless of the number of hours the private detective worked during that period;

(v) Private detective misrepresenting himself or herself as being authorized to operate as a licensed private detective while working for a licensed agency;

(vi) Licensee or individual failing to surrender the wall license or certification card to the Secretary within 5 days of termination of employment or expiration, cancellation, suspension, or revocation of the agency license or certification;

(vii) Individual failing to display the private detective certification on request from a law enforcement officer pursuant to Business Occupations and Professions Article, §13-407, Annotated Code of Maryland;

(viii) Certified individual or licensee failing to return issued equipment to the private detective agency within 10 days after termination of employment pursuant to Business Occupations and Professions Article, §13-607(b), Annotated Code of Maryland; and

(ix) A certified private detective loaning the certification card or badge to another individual in violation of Business Occupations and Professions Article, §13-703, Annotated Code of Maryland;

(b) The penalties for Category B offenses are as follows:

(i) First offense: Reprimand, fine, or suspension;

(ii) Second offense: Reprimand, fine, or suspension of agency, licensee, or certified employee;

(c) Fines for Category B offenses, when assessed, shall range from $100—$1,000 per violation;

(3) Category C—Offenses and Penalties:

(a) Category C offenses are as follows:

(i) Third and subsequent Category B offenses within the license term;

(ii) Agency employing an uncertified private detective for more than 30 calendar days, without submitting the required application to the Secretary, regardless of the number of hours the private detective worked during that period;

(iii) Agency failing to maintain an office in this State that contains the business records made in this State pursuant to Business Occupations and Professions Article, §13-310, Annotated Code of Maryland;

(iv) Agency operating while suspended;

(v) Agency operating with a license that has been expired for 31 to 60 calendar days; and

(vi) Agency or individual operating in violation of any lawful order issued by the Secretary as it applies to Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter;

(b) The penalties for Category C offenses are as follows:

(i) First offense: Reprimand, fine, or suspension of agency, licensee, or certified employee;

(ii) Second offense: Fine or suspension of agency, licensee, or certified employee;

(c) Fines for Category C offenses, when assessed, shall range from $250—$2,500 per violation;

(4) Category D—Offenses and Penalties:

(a) Category D offenses are as follows:

(i) Third and subsequent Category C offenses, fourth and subsequent Category B offenses, or a combination of Category A, Category B, and Category C offenses within a license term;

(ii) Agency knowingly allowing a person that has been disapproved, suspended, or revoked to operate as a private detective;

(iii) Agency providing armed employees, or allowing employees to be armed in the performance of their duties, without a valid handgun permit;

(iv) Agency misrepresenting the status of the agency or agency license to the public;

(v) Agency operating without a license or soliciting business without a license;

(vi) Agency failing to allow immediate inspection of records during an audit or investigation pursuant to Business Occupations and Professions Article, §13-309, Annotated Code of Maryland;

(vii) Agency, licensee, or certified individual knowingly providing false information, statements, or documentation to the Secretary during any investigation, application, or routine correspondence;

(viii) Agency operating with a license that has been expired for more than 60 calendar days; and

(ix) Agency failing to pay assessed fine by the due date after final adjudication of appeal or after waiver of appeal rights and acceptance of penalty and fine;

(b) The penalties for Category D offenses are as follows:

(i) First offense: Fine or suspension of agency, licensee, or certified employee;

(ii) Second offense: Fine or suspension of agency, licensee, or certified employee;

(iii) Third offense: Suspension of agency, licensee, or certified employee or revocation of license;

(c) Fines for Category D offenses, when assessed, shall range from $500—$5,000 per violation.

History

  • Administrative History: Effective date: July 30, 2007 (34:15 Md. R. 1350)
  • Authority: Business Occupations and Professions Article, §13-202, Annotated Code of Maryland

29.05.01 Statewide DNA Data Base System and Repository

COMAR 29.05.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Arraignment” means the earlier of the appearance of counsel or the scheduled or actual initial appearance of the defendant before the circuit court pursuant to Maryland Rule 4-213, even if waived by the defendant.

(2) “Arrestee” means an individual required to provide a DNA sample, pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland, after being charged with:

(a) Burglary or an attempt to commit burglary, or a crime of violence as enumerated in Criminal Law Article, §14-101(a), Annotated Code of Maryland, except for mayhem; or

(b) Any attempt to commit the crimes referred to in §B(2)(a) of this regulation.

(3) “Burglary” includes the crimes enumerated in Criminal Law Article, §§6-202—6-204, Annotated Code of Maryland.

(4) Charged.

(a) “Charged” means an individual against whom a written accusation has been made alleging that a defendant has committed an offense.

(b) “Charged” includes a citation, an indictment, an information, and a statement of charges.

(5) “CODIS” means the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local law enforcement systems.

(6) “CODIS requirements” means the policies and procedures established by NDIS and the Federal Bureau of Investigation.

(6-1) “Collected” means collected and submitted to a crime lab for testing.

(7) “Crime Laboratory” or “Crime Lab” means the Department of State Police, Forensic Sciences Division.

(8) “Crime of violence” means:

(a) Those crimes enumerated in Criminal Law Article, §14-101, Annotated Code of Maryland, except mayhem; and

(b) Attempts to commit the crimes referred to in §B(8)(a) of this regulation.

(9) “Detention facility” means a State prison, county jail facility, or Department of State Police installation used for the purpose of sample collection.

(10) “Director” means the Director of the Department of State Police Crime Laboratory, or the Director's designee.

(11) “DNA” means deoxyribonucleic acid.

(12) “DNA data base collection kit” or “kit” means the kit provided by the Crime Laboratory for the collection of DNA arrestee or convicted offender samples.

(13) “DNA record” means DNA information stored in the Statewide DNA Data Base System of the Department of State Police, Crime Laboratory, or CODIS, and includes that information commonly referred to as a DNA profile.

(14) “DNA sample” means a body fluid or tissue sample provided by an individual convicted of or charged with a qualifying crime pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland, or a body fluid or tissue sample submitted to the Statewide DNA Data Base System for analysis pursuant to a criminal investigation.

(15) Expungement.

(a) “Expungement” means the removal and destruction of the arrestee or convicted offender DNA sample and the deletion of testing results from CODIS.

(b) “Expungement” does not include a record by the Crime Lab of information related to the taking or destruction of a sample.

(16) “FBI Standards” means the:

(a) Quality Assurance Standards for Forensic DNA Testing Laboratories (effective October 1, 1998); and

(b) Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories (effective April 1, 1999).

(17) “Forensic or evidence sample” means DNA obtained from an item of evidence or a individual, including suspect samples, other than one required to be collected pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland.

(18) “Immediately” means as soon as practicable and does not require any actions to be taken during weekends, holidays, or periods other than when normal State business is conducted.

(19) “Letter” includes any writing regardless of format and includes electronic notifications and transmittals.

(20) “Local law enforcement agency” or “local law enforcement unit” means the agency of a county or municipal corporation in the State that performs police protection functions.

(21) “Notice” means any notification, whether verbal or in writing, sent by regular first-class mail, facsimile, or email.

(22) “PCR” means polymerase chain reaction.

(23) “Personal identification information” means that information pertaining to the sample donor's name, state identification number, or any other traceable number or information that is directly associated with that person.

(24) “Placed” means entered.

(25) “Population data base” means a collection of DNA profiles, usually grouped by race, used for statistical evaluation, research, quality control, and protocol development of forensic DNA analysis methods. Personal identification information is not associated with this data base.

(26) “Qualifying crime” means those offenses that require collection of a DNA sample upon arrest or conviction.

(27) “Qualifying crime upon arrest” includes:

(a) A burglary or attempt to commit burglary, or a crime of violence as enumerated in Criminal Law Article, §14-101(a), Annotated Code of Maryland, except mayhem; or

(b) Any attempt to commit the crimes referred to in §B(27)(a) of this regulation.

(28) “Qualifying crime upon conviction” includes the following:

(a) All felonies;

(b) Fourth degree burglary; and

(c) Breaking and entering of a motor vehicle.

(29) “Secretary” means the Secretary of the State Police.

(30) “State Police” means the Department of State Police.

(31) “Statewide DNA Data Base System” means the DNA record system administered by the Department of State Police, Crime Laboratory for identification purposes.

(32) “Statewide DNA repository” means the Department of State Police, Crime Laboratory repository of DNA samples collected under this chapter.

(33) “Target DNA file” means a DNA profile originating from case material to be searched against the Statewide DNA Data Base System.

(34) “Testing” means DNA typing tests that generate identification information and are obtained from a DNA sample. The term “testing” and “analysis” are, for the purposes of this chapter, interchangeable.

(35) “Typing results” means the information generated during the forensic analysis (Restriction Fragment Length Polymorphisms (RFLP), PCR-based technologies, or current acceptable techniques for forensic analysis) of a DNA sample, sometimes referred to as a DNA profile.

Cross References

29.05.01.16D(1)

29.05.01.16D(2)(c)

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.01-1 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

(1) Quality Assurance Standards for Forensic DNA Testing Laboratories (October 1, 1998).

(2) Quality Assurance Standards for Convicted Offender DNA Databasing Laboratories (April 1, 1999).

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.02 Introduction.

A. Scope.

(1) This chapter governs only the collection, submission, receipt, identification, testing, storage, and disposal of DNA samples from individuals arrested and charged or convicted, or both, for various specified crimes and the entry of the samples into the State DNA Data Base System and CODIS pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland. This chapter does not govern evidentiary, suspect, and forensic samples otherwise legally obtained, whether by search warrant, court order, consent, or other method except as specifically provided in Regulation .16 of this chapter.

(2) If an individual is suspected of committing a crime and a law enforcement agency wishes to obtain a DNA sample from the suspect to compare to evidence collected at a crime scene, and obtains court authorization to collect the DNA sample at the time of arrest, this sample is not one collected pursuant to this chapter and is not, therefore, handled in accordance with this chapter.

(3) As noted in §A(2) of this regulation, if an individual's DNA sample is collected pursuant to a court authorization, such as a search warrant or court order, at the time of the individual's arrest, another DNA sample shall also be taken upon charging if the arrest is for a qualifying crime as set forth in this chapter. This DNA data base sample shall be handled in accordance with the terms of this chapter, including the time of taking, analyzing, and expungement, if applicable.

(4) If an individual's DNA sample is taken pursuant to court authorization and not due to the individual's being arrested and charged for a qualifying crime under this chapter, the regulations concerning collection, analysis, use, and expungement are not applicable.

(5) Only DNA data base samples that are required to be taken pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland, are subject to the terms and requirements of this chapter except as specifically provided in Regulation .06 of this chapter.

B. The Secretary, after consulting with the Director, shall establish policies and procedures for:

(1) The collection, submission, identification, analysis, storage, and disposal of DNA samples provided by an arrestee or an individual convicted of a qualifying crime; and

(2) Access to the dissemination of typing results and personal identification information of samples that are submitted under Regulations .11 and .12 of this chapter.

C. The Director, upon consulting with the Secretary, shall establish policies and procedures for a centrally located Statewide DNA Data Base System and Statewide DNA repository.

D. The Crime Laboratory shall:

(1) Receive DNA samples for testing, classification, and storage;

(2) File the DNA record of identification characteristic profiles of each DNA sample submitted to the Laboratory; and

(3) Make information relating to DNA samples and DNA records available to other agencies and individuals as authorized in Regulations .11 and .12 of this chapter.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.03 System Maintenance.

A. The Director shall:

(1) Administer and manage the Statewide DNA Data Base System;

(2) Consult with the Secretary to establish system protocols and operations;

(3) Ensure compatibility with Federal Bureau of Investigation and CODIS requirements, including the use of:

(a) Comparable test procedures;

(b) Quality assurance, proficiency tests, and audits;

(c) Laboratory equipment;

(d) Computer software and hardware; and

(4) Ensure the security and confidentiality of all records in the system.

B. The Director may contract with a qualified DNA laboratory that meets the guidelines established by the Director to complete DNA typing analysis. The Director may also contract with a separate qualified private contractor to obtain the DNA samples from individuals convicted of a qualifying crime. This does not preclude the use of the Department of Public Safety and Correctional Services' medical staff for the DNA collection or the hiring of additional personnel by the Department of State Police.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.04 Collecting Samples.

A. An individual shall have a DNA sample collected if:

(1) Charged with a crime of violence or an attempt to commit a crime of violence;

(2) Charged with burglary or an attempt to commit burglary;

(3) Convicted of a qualifying crime; or

(4) Ordered by a court.

B. Samples Collected upon Charge.

(1) A DNA sample shall be collected during booking by the sheriff's office, police department, regional jail, or any other entity specified by the Secretary that is responsible for booking upon being charged.

(2) An arrestee sample may not be tested or placed into the Statewide DNA Data Base System before the first scheduled arraignment date.

(3) DNA Sample Processed Before First Scheduled Arraignment Date.

(a) An arrestee may request, by notarized written request to the Director, that the DNA sample be processed before the first scheduled arraignment date for the sole purpose of having the sample checked against a sample that:

(i) Has been processed from the crime scene or the hospital; and

(ii) Is related to the charges against that individual.

(b) The Crime Lab shall process the sample before arraignment, whenever practicable, if time and resources permit.

(4) If the collecting agency determines that a convicted offender Statewide DNA Data Base sample already exists for an arrestee, the agency is not required to obtain a new sample.

(5) A failure to obtain a new sample from an arrestee does not prohibit the obtaining of a sample at a later date if it is determined, for any reason, that a preexisting sample is not in the Statewide DNA Data Base as long as the individual remains eligible for inclusion in the Statewide DNA Data Base System.

(6) At the time of collection of the DNA sample, an arrestee shall be given written notice, by the collecting agency, in a manner prescribed by the Director, that the DNA record may be subject to expungement as provided by Regulation .14 of this chapter.

C. Reasonable force may be used in order to obtain a required arrestee or convicted offender DNA sample.

D. A second DNA sample shall be taken if ordered by the court for good cause shown.

E. The failure of a person, convicted of a qualifying crime and placed on probation, to provide a DNA sample within 90 days of the date of the initial request for a sample shall result in the notification to the Department of Public Safety and Correctional Service's Division of Parole and Probation that a violation of conditions of probation has occurred.

F. For an individual convicted but not sentenced to a term of imprisonment, a sample shall be collected at a facility designated by the Director.

G. The Department of Public Safety and Correctional Services shall:

(1) By the 15th day of each month, provide the Director with a report:

(a) Of the number and the names of the prisoners who were convicted of a qualifying crime and began their incarceration the previous month; or

(b) Indicating that no prisoners began their incarceration the previous month;

(2) Include on the monthly report of those prisoners convicted of a qualifying crime of violence, the prisoner's:

(a) Name;

(b) Race;

(c) Sex;

(d) Date of birth;

(e) State identification (SID);

(f) Specific qualifying crime;

(g) Location of prisoner;

(h) Anticipated release date; and

(3) Identify a Department of Public Safety and Correctional Services employee who, on an ongoing basis, will assist in the DNA sample collection process by coordinating with the appropriate prison official the place, time, and date when the samples will be collected.

H. A county jail administration shall:

(1) By the 15th day of each month, provide the Director with a report:

(a) Of the number and the names of the prisoners who were convicted of a qualifying crime of violence and began their incarceration the previous month; or

(b) Indicating that no prisoners began their incarceration the previous month;

(2) Include on the monthly report of those prisoners convicted of a qualifying crime of violence, the prisoner's:

(a) Name;

(b) Race;

(c) Sex;

(d) Date of birth;

(e) State identification (SID);

(f) Specific qualifying crime;

(g) Location of prisoner;

(h) Anticipated release date; and

(3) Identify a county jail employee who, on an ongoing basis, will assist in the arrestee or convicted offender DNA sample collection process by coordinating with the appropriate prison official the place, time, and date when the samples will be collected.

I. The arrestee or convicted offender DNA samples submitted for analysis shall be collected by an individual who is:

(1) Designated by the Director; and

(2) Trained in the collection procedures that the Crime Laboratory uses.

J. An arrestee or convicted offender DNA sample shall be collected according to the instructions specified by the Director that are included in a DNA data base sample collection kit, approved and provided by the Director.

K. The individual collecting a sample shall verify the identity of the individual from whom a sample is taken by name and, if applicable, State identification (SID) number.

L. If the DNA arrestee sample is not collected at the time of electronic capture, such as LIVE SCAN or electronic booking facility or if an inked ten print card is used, then using normal fingerprinting procedures, the individual from whom a sample is taken shall place both inked index fingers where indicated on the DNA data base information card contained in the collection kit. These prints shall be used by the laboratory to check the individual's identity. If the subject is missing an index finger, this fact shall be indicated in the space for recording the fingerprint and the next available finger should be used with documentation as to which finger was used.

M. Immediately after a sample is obtained it shall be placed in the kit provided, sealed, and within 24 hours, transported or mailed to the Crime Laboratory.

N. The chain of custody portion of the DNA data base information card in the sample kit shall include the date and time a sample was collected and the signature of the individual who collected and sealed the kit.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.05 Transporting Samples.

Samples shall be transported from a prison, detention facility, or other authorized location to the Crime Laboratory by:

A. Contract courier;

B. First class U.S. mail service; or

C. State Police personnel.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.06 Using Samples.

A. Only DNA records that directly relate to the forensic identification of individuals shall be collected and stored.

B. The Statewide DNA Data Base System may not be used for the purpose of identification of an offender in connection with a crime for which the offender may be a biological relative of the individual from whom the DNA arrestee or convicted offender sample was acquired.

C. To the extent fiscal resources are available, arrestee or convicted offender DNA samples shall be tested, and the records only used:

(1) To analyze and type genetic markers contained in or derived from DNA samples;

(2) To further a criminal offense investigation;

(3) To assist in the identification of human remains;

(4) To assist in the identification of missing persons; and

(5) For research and administrative purposes, including:

(a) Development of a population data base after personal identifying information is removed;

(b) Support of identification research and protocol development of forensic DNA analysis methods; and

(c) Quality control purposes.

Cross References

29.05.01.02A(5)

29.05.01.11F

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.07 Storing Records.

A. The records shall be stored in a secured computer system and secured laboratory files according to State Police standard operating procedures and CODIS requirements.

B. Records and specimen information shall be identified by:

(1) A unique laboratory tracking number;

(2) Name of the donor;

(3) State identification number;

(4) Date of birth;

(5) Name and place of collection;

(6) Collector's name;

(7) Date sample was taken;

(8) Type of offense;

(9) Race; and

(10) Sex.

C. Verification of identity shall be conducted by the Latent Print Unit on the fingerprints found on the DNA data base information/chain of custody card.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.08 Storing Samples.

A. Blood, body fluid, or tissue samples shall be given a unique laboratory tracking number.

B. Samples shall be stored in a secured area according to State Police standard operating procedures.

C. Samples shall only be accessible to designated personnel.

D. The DNA data base information/chain of custody cards shall be maintained in secured laboratory files.

E. When preserving a sample for storage, it may be condensed or dried in accordance with accepted standard practices for the type of sample being stored. Excess sample matter and its container may be discarded.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.09 Storing Typing Results.

A. Blood, body fluid, or tissue samples shall be analyzed according to State Police protocol and standard operating procedures by personnel qualified under the FBI Standards and CODIS requirements.

B. The analytically derived typing results shall be filed according to the unique laboratory tracking number in a secured computer and laboratory files. Secured results shall be entered into the system upon review by a second analyst. These files are accessible to qualified personnel only.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.10 Quality Assurance.

A. Any procedure adopted by the Director shall include quality assurance guidelines to ensure that DNA identification records meet standards and audit requirements for laboratories that submit DNA records for inclusion in the Statewide DNA Data Base System and CODIS.

B. The Crime Laboratory and each analyst performing DNA analyses at the Crime Laboratory shall undergo, twice yearly, external proficiency testing by a DNA proficiency testing program that meets the standards as follows:

(1) Section 1003 of the Federal DNA Identification Act of 1994; or

(2) FBI Standards.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.11 Access to DNA Data.

A. A request by letter for obtaining information from the Statewide DNA Data Base System and CODIS shall be submitted to the Director, from the requesting agency's department head or designee.

B. The letter from the requesting agency shall contain:

(1) The reason for conducting the search;

(2) The type of criminal offense;

(3) The intentions of prosecution;

(4) The authority behind requesting the search;

(5) The details concerning the source of specimens within the “Target DNA” files; and

(6) A laboratory point of contact, telephone number, and email address.

C. An electronic request for obtaining information from the Statewide DNA Data Base System and CODIS may initiate a search, but information may not be released without a formal request.

D. The Director, or designee, shall verify the identity of the agency or person submitting a request for DNA information by:

(1) A confirmation telephone call or letter between the agencies; and

(2) Requiring a person in authority at the requesting laboratory to sign and return the agreement of interlaboratory search form.

E. Before announcing a match with DNA information received from the Statewide DNA Data Base System, the requesting laboratory shall, if requested:

(1) Submit to the Director or designee:

(a) Duplicates of the final test results;

(b) The laboratory's quality assurance standards; and

(c) The allele designations; and

(2) Conduct a telephone conference call or an electronic exchange of information between laboratory personnel.

F. After verification by the Director or designee that a match has been made in the Statewide DNA Data Base System and the request complies with the purposes in Regulation .06C of this chapter, the typing results and personal identification information of the DNA profile of an individual in the Statewide DNA Data Base System may be made available, by letter, to the following agencies or persons:

(1) Federal, state, and local law enforcement agencies;

(2) Crime laboratories that serve federal, state, and local law enforcement agencies that have been approved by the Director;

(3) A State's attorney's office or other prosecutorial office; and

(4) A person participating in a judicial proceeding in which the data base information may be offered as evidence.

G. The typing results and personal identification information of the DNA profile of an individual in the Statewide DNA Data Base System shall be made available to a defendant or a defendant's counsel on written order of the court in which the case is pending.

H. A search of the data base shall be conducted to determine the existence of a match to DNA obtained from crime scene evidence taken in relation to the crime for which a defendant is charged if, upon the request of that defendant, a written court order commands the data base search.

I. This chapter does not limit a court from ordering any discovery of a DNA record or other related material in a criminal case.

J. The Director shall maintain a permanent file of all requests received for DNA information and the disposition of each request.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.12 Match—Evidence and Data Base.

A match obtained between an evidence sample and a data base entry may only be used as probable cause to obtain a new DNA sample from the subject and is not admissible at trial unless confirmed by additional testing.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.13 Population Data Base.

A. The Director shall create a population data base comprised of DNA samples obtained from the general population.

B. All personal identifiers shall be removed before the information is entered into the population data base.

C. The population data base information may be shared or disseminated with the following:

(1) Federal, state, or local law enforcement agencies;

(2) Crime laboratories that serve federal, state, and local law enforcement agencies that have been approved by the Director;

(3) A State's attorney's office; or

(4) A third party that the Director deems necessary to assist the Crime Laboratory with statistical analysis of the population data base.

D. The population data base may be made available to and searched by any agency participating in the CODIS system.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.14 Expunging DNA Records.

A. An individual whose DNA record or profile has been included in the Statewide DNA Data Base System and whose DNA sample is stored in the Statewide DNA repository may request that information be expunged on the grounds that the conviction which resulted in its inclusion meets the expungement criteria specified in Criminal Procedure Article, §10-105, Annotated Code of Maryland.

B. Upon receipt of an order of expungement, the Director shall purge a DNA record, DNA sample, or other identifiable information covered by the order from the Statewide DNA Data Base System and the Statewide DNA repository.

C. A DNA sample collected from an arrestee shall be immediately destroyed if all qualifying criminal charges are determined to be unsupported by probable cause. Notice shall be provided to the defendant and counsel, if any, of the destruction.

D. A DNA sample and DNA record collected from an arrestee shall be automatically expunged from any data base into which it has been entered if:

(1) The criminal action against the individual does not result in a conviction of the individual and there is no further trial, disposition, appeal, or other proceeding in the criminal action;

(2) The conviction is finally reversed or vacated and no new trial is permitted; or

(3) The individual is granted an unconditional pardon.

E. An expungement pursuant to §D of this regulation shall occur within 60 business days of the act requiring expungement.

F. Written notice shall be provided to the defendant and counsel, if any, of the expungement.

G. An arrestee record or arrestee sample that qualifies for expungement and is matched concurrent with or subsequent to the date that the arrestee sample qualifies for expungement:

(1) May not be used for determining probable cause regardless of whether it is expunged in a timely manner; and

(2) Is not admissible in any proceeding for any purpose.

H. An arrestee DNA sample and DNA record may not be automatically expunged if:

(1) The arrestee's qualifying criminal action is put on the stet docket; or

(2) The arrestee receives probation before judgment on any charge that qualified the arrestee for collection.

I. If an arrestee is charged with multiple qualifying offenses, the DNA arrestee sample and DNA record are not subject to automatic expungement unless all applicable charges qualify for expungement as set forth in §D of this regulation.

J. If an individual whose DNA sample is in the Statewide DNA Data Base System for a reason other than as a sample collected from an arrestee, any additional sample shall remain in the data base and is not subject to automatic expungement.

K. Records and samples not previously expunged will be expunged 100 years from the date submitted.

L. The Director shall maintain a permanent file of all requests to expunge DNA data base records, and the disposition of those requests.

Cross References

29.05.01.04B(6)

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.15 Unauthorized Use.

A. An individual who, by virtue of employment or official position, has possession of or access to individual identifiable DNA information contained in the Statewide DNA Data Base System or Statewide DNA repository and who willfully discloses that information in any manner to a person or agency not entitled to receive that information is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

B. A person who, without authorization, willfully obtains individually identifiable DNA information from the Statewide DNA Data Base System or repository is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

C. An individual who willfully tests an arrestee or convicted offender DNA sample for information that does not relate to the identification of individuals as specified by Public Safety Article, §2-501 et seq., Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years, or both.

D. An individual who willfully fails to destroy an arrestee or convicted offender DNA sample under the following circumstances is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both:

(1) When notification has been sent stating that the DNA sample obtained pursuant to Public Safety Article, §2-501 et seq., Annotated Code of Maryland, has been destroyed; or

(2) Destruction has been court ordered.

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland
COMAR 29.05.01.16 Reporting Requirements.

A. Not later than April 1, 2010, and annually thereafter, the Department of State Police shall compile an annual report to the Governor and to the General Assembly. The annual report or a hyperlink to it shall be posted on the website of the Department of State Police not later than April 1 of each year.

B. Content of the Annual Report.

(1) The annual report shall include, for the preceding calendar year, total expenses that the Crime Laboratory incurred to operate the Statewide DNA Data Base System including:

(a) Full-time, part-time, and contractual salary and fringe benefit costs for scientists and support personnel assigned to the State Police Crime Laboratory for DNA data base purposes;

(b) DNA collection kit costs, including costs required to transport kits from collection sites to the Crime Lab;

(c) DNA data base operational costs, including new hardware, software, and maintenance; and

(d) DNA testing and analysis costs, including in-house equipment purchased and outsource testing and analysis costs.

(2) Funds Provided by the State. Not later than January 31, 2010, and annually thereafter, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall report to the Department of State Police the total grant amount, by municipality, awarded for the preceding calendar year by the Governor’s Office of Crime Prevention, Youth, and Victim Services to any municipal crime laboratory, not including grants to the Crime Laboratory.

(3) Individual Data and Analysis. The Department of State Police shall include in the annual report, for the preceding calendar year, the racial demographics of all individuals who have been charged with qualifying crimes upon arrest in the following categories:

(a) Asian;

(b) African-American;

(c) White;

(d) Hispanic; or

(e) Other.

(4) Case-Specific Data Collection and Analysis. Not later than January 31, 2010, and annually thereafter, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall report to the Department of State Police the following data, for the preceding calendar year, for inclusion in the annual report:

(a) The number of convicted offender or arrestee DNA matches in a calendar year;

(b) The number of matches that resulted in the investigation of the individual identified in the match;

(c) The number of matches resulting in formal charges;

(d) The number of matches resulting in convictions;

(e) The number of convicted individuals exonerated by DNA matches in a calendar year;

(f) The number of matches resulting in convictions of individuals who were not already incarcerated; and

(g) For convictions where a match occurred, that individual's prior offenses.

C. Requirements of Local Law Enforcement Agencies. On or before January 31, 2010, and annually thereafter, local law enforcement shall report the information necessary for the Crime Laboratory to comply with the reporting requirements of this regulation.

D. Additional Reporting by Local Law Enforcement Agencies and the Department of State Police to the Office of Legislative Audits, in Coordination with the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(1) For the purposes of this section, crime scene DNA evidence is a forensic or evidence sample as defined in COMAR 29.05.01.01B(17), including samples submitted for biological screening or serology testing .

(2) Not later than January 31, 2010, and by April 1 of every even-numbered year thereafter, the following shall be reported for the preceding calendar year to the Office of Legislative Audits, in coordination with the Governor’s Office of Crime Prevention, Youth, and Victim Services, by each local law enforcement agency and the Department of State Police:

(a) The categories of crimes for which crime scene DNA evidence is routinely collected;

(b) The number of cases in which crime scene DNA evidence samples were collected during the preceding year for each category of crime reported pursuant to §D(2)(a) of this regulation;

(c) The average time between crime scene DNA evidence collection, as defined by COMAR 29.05.01.01B(6-1), and analysis.

(d) The number of cases in which crime scene DNA evidence samples were collected, but were still pending analysis by the end of the reporting period; and

(e) The number of crime scene DNA evidence samples submitted and qualified for inclusion into the Statewide DNA Data Base during the preceding year.

(3) The schedule for annual reporting shall be as follows:

(a) Not later than January 31, 2010, and by January 31 of every even-numbered year thereafter, local law enforcement agencies shall report to the Governor’s Office of Crime Prevention, Youth, and Victim Services; and

(b) Not later than February 28, 2010, and by April 1 of every even-numbered year thereafter, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall report to the Office of Legislative Audits.

(4) The data reported by each local law enforcement agency under this regulation shall be transmitted to the Office of Legislative Audits by the Governor’s Office of Crime Prevention, Youth, and Victim Services as part of the reporting process.

E. Additional Reporting by the Maryland Department of Health to the Office of Legislative Audits. Not later than April 1, 2010, and by April 1 of every even-numbered year thereafter, the Maryland Department of Health shall report to the Office of Legislative Audits, in coordination with the Governor’s Office of Crime Prevention, Youth, and Victim Services, the number of hospital forensic examinations reimbursed by the Department for each county and the City of Baltimore for the preceding calendar year.

F. The Office of Legislative Audits shall compile and evaluate the information provided to it in order to submit a summary report to the Governor and to the General Assembly in accordance with State Government Article, §2-1246, Annotated Code of Maryland.

G. Noncompliance with Request for Information.

(1) Local law enforcement agencies, the Office of the Public Defender, and the Departments of Health and Public Safety and Correctional Services shall cooperate with information requests from the Governor’s Office of Crime Prevention, Youth, and Victim Services in its efforts to seek any information required for the purposes of the reports required by this regulation.

(2) Failure to comply with information requests from the Governor’s Office of Crime Prevention, Youth, and Victim Services may result in ineligiblity for or the withholding of State grant funding.

Cross References

29.05.01.02A(1)

History

  • Administrative History: Effective date: September 10, 1996 (23:18 Md. R. 1318)
  • Administrative History: Regulation .01B amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .01-1 adopted effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .03 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulation .04H amended as an emergency provision effective June 7, 2007 (34:13 Md. R. 1150); emergency status expired December 4, 2007; amended permanently effective December 17, 2007 (34:25 Md. R. 2216)
  • Administrative History: Regulation .06 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: Regulations .08—.12 amended effective December 27, 1999 (26:26 Md. R. 1961)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 15, 2008 (35:25 Md. R. 2151)
  • Administrative History: Regulation .01B amended effective October 19, 2009 (36:21 Md. R. 1594); November 14, 2011 (38:23 Md. R. 1423)
  • Administrative History: Regulation .02A amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16 amended effective October 19, 2009 (36:21 Md. R. 1594)
  • Administrative History: Regulation .16C, D amended effective November 14, 2011 (38:23 Md. R. 1423)
  • Authority: Public Safety Article, §2-503, Annotated Code of Maryland

29.05.02 Ballistic Fingerprinting

COMAR 29.05.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Crime Laboratory” means the Department of State Police Forensic Sciences Division.

(2) “Director” means the Director of the Department of State Police Forensic Sciences Division or the Director's designee.

(3) “Handgun” has the meaning stated in Public Safety Article, §5-101(n), Annotated Code of Maryland.

(4) “Manufacturer” has the meaning stated in Public Safety Article, §5-131(a)(2), Annotated Code of Maryland.

(5) “NIBIN” means National Integrated Ballistics Information Network.

(6) “Profile” means to electronically store remarkable characteristics of a shell casing, such as caliber, manufacturer of handgun from which it was test fired, and rifling characteristics.

(7) “Projectile” has the meaning stated in Public Safety Article, §5-131(a)(3), Annotated Code of Maryland.

(8) “Rifling characteristics” means the number of lands and grooves in the barrel of a handgun, including right or left twist.

(9) “Sealed container” means a paper coin envelope, Kraft #5, measuring 2-7/8 x 5-1/4 inches or equivalent and held closed by tape across the opening.

(10) “Secretary” has the meaning stated in Public Safety Article, §5-101(s), Annotated Code of Maryland.

(11) “Shell casing” has the meaning stated in Public Safety Article, §5-131(a)(4), Annotated Code of Maryland.

(12) “Statewide Shell Casing Data Base” means a specific data base for the purpose of electronically capturing and storing profile information generated from shell casings described in Public Safety Article §§5-105 and 5-131, Annotated Code of Maryland.

(13) “Statewide Shell Casing Repository” means a secure storage area within the Department of State Police Forensic Sciences Division for the retention of shell casings as required by Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.02 Introduction.

A. The Secretary, after consulting with the Director, shall establish policies and procedures for the:

(1) Collection, submission, identification, acquisition of profile, storage, and disposal of shell casings provided by dealers from all new handguns sold in the State; and

(2) Access to the Statewide Shell Casing Data Base or dissemination of search results.

B. The Director, upon consulting with the Secretary, shall establish policies and procedures for a centrally located Statewide Shell Casing Data Base System and Statewide Shell Casing Repository.

C. The Crime Laboratory shall:

(1) Receive shell casings for acquisition of profile, classification, and storage;

(2) File each shell casing profile submitted to the laboratory; and

(3) Make information relating to shell casing samples and shell casing records available to other law enforcement agencies as authorized in this chapter.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.03 System Maintenance.

The Director shall:

A. Administer and manage the Statewide Shell Casing Data Base System;

B. Consult with the Secretary to establish system protocols and operations;

C. Ensure compatibility with the Bureau of Alcohol, Tobacco, Firearms and Explosives' (BATFE) NIBIN system, where feasible, when the system becomes available; and

D. Ensure the security of the shell casings and records in the Statewide Data Base.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.04 Storing Shell Casings.

A. Each shell casing shall be given a unique laboratory tracking number.

B. Shell casings shall be stored in a secure manner after processing according to Crime Laboratory standard operating procedures.

C. Shell casings shall only be accessible to designated personnel.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.05 Data Entry.

A. Upon receipt of the shell casings and required information, the Crime Laboratory shall enter the profiling information of each shell casing, into all pertinent data bases for the purpose of creating a searchable record.

B. The pertinent data base shall be searchable for comparison purposes to shell casings from crime scenes for the purpose of identifying the source of these casings.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.06 Storing Records.

A. The records shall be stored in a secured computer system and secured laboratory files according to Crime Laboratory standard operating procedures.

B. Records and specimen information shall be identified by:

(1) A unique laboratory tracking number;

(2) Name of the dealer;

(3) Manufacturer;

(4) Model name or number, or both;

(5) Serial number;

(6) Date of test firing;

(7) Name of the technician attesting to the authenticity of the shell casing;

(8) Caliber;

(9) Rifling characteristics; and

(10) Application numbers.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.07 Access to Shell Casing Profile Information.

A. A request to obtain information from the Statewide Shell Casing Data Base System shall be submitted to the Director or designee, in writing, by the requesting law enforcement agency on that agency's letterhead or form MSP 67.

B. The letter from the requesting agency shall contain:

(1) The reason for conducting the search;

(2) The type of criminal offense;

(3) The intentions of prosecution;

(4) The authority to request the search;

(5) The details concerning the source of specimens within the Crime Scene Shell Casing files; and

(6) A laboratory point of contact or telephone number of the investigator, or both.

C. A telephone request for obtaining information from the Statewide Shell Casing Data Base and Repository may initiate a search, but information may not be released without a written request.

D. This regulation does not preclude the establishment of electronic network connections between the Crime Laboratory's Statewide Shell Casing Data Base and local or federal law enforcement agency crime laboratories when that technology becomes available for this purpose.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland
COMAR 29.05.02.08 Expunging Shell Casing Profile Information.

A. An individual handgun owner whose shell casing record has been included in the Statewide Shell Casing Data Base and Repository may request by court order that this information be expunged on the grounds that the inclusion was in error.

B. Upon receipt of a court order of expungement, the Director shall purge a shell casing profile, shell casing, or other identifiable information covered by the order from the Statewide Shell Casing Data Base System and Statewide Shell Casing Repository.

C. When proof of the destruction of the weapon is received by the Crime Laboratory, profiles and shell casings may be expunged at the discretion of the Director.

D. Records and samples not previously expunged will be expunged 100 years from the year submitted.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.08 adopted as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); emergency status expired March 29, 2001; adopted permanently effective May 28, 2001 (28:10 Md. R. 951)
  • Administrative History: Regulation .01B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .02A, C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .03C amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .05A amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .06B amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .07 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Administrative History: Regulation .08 amended effective November 30, 2009 (36:24 Md. R. 1860)
  • Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland

29.05.03 Testing Blood and Breath for Alcohol

COMAR 29.05.03.01 Scope.

This chapter establishes training and certification criteria of personnel performing tests of breath and blood for the purpose of determining the alcohol content of drivers suspected of driving while impaired or under the influence of alcohol and approval and certification criteria for equipment used in conducting these tests.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Agency” means any law enforcement agency approved to test breath or blood for alcohol content.

(2) “Alcohol” means ethyl alcohol (ethanol).

(3) “Alcohol calibration solution” means a water solution containing a range of certified, specific concentrations of ethanol from 0.02 to 0.500 gram/deciliter for the purpose of ethanol quantitation.

(4) “Alcohol control solution” means a water solution containing a certified, specific concentration of ethanol.

(5) “Alcohol gas standard” means a container of compressed gas containing a specific concentration of alcohol.

(6) “Alcohol reference solution” means a water solution containing a specific concentration of alcohol.

(7) “Breath sample” means the amount of breath delivered by the individual being tested that is an adequate volume to be analyzed by the breath testing instrument.

(8) “CTAU” means the Chemical Test for Alcohol Unit within the Department of Maryland State Police.

(9) “CTAU supervisor” means the individual designated by the Commander or Director of CTAU and approved by the Toxicologist to supervise the CTAU.

(10) “Preliminary breath testing (PBT) device” means a portable, roadside screening device approved by the Toxicologist, pursuant to Transportation Article, §16-205.2, Annotated Code of Maryland, for use on individuals stopped for suspicion of driving while impaired or under the influence of alcohol.

(11) “Qualified medical person” means an individual permitted by any state to withdraw blood from humans.

(12) “Qualified person” has the meaning stated in Courts and Judicial Proceedings Article, §10-304, Annotated Code of Maryland.

(13) “Representative of the Toxicologist” means any employee supervised by the Toxicologist or an employee of the Department of State Police designated by the Toxicologist to act as the authorized representative of the Toxicologist.

(14) “Toxicologist” means the Chief Toxicologist or State Toxicologist in the Department of State Police Forensic Sciences Division.

(15) “Validation test” means a test of specific alcohol concentration used to verify the calibration of a breath testing instrument.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.03 Alcohol Tests — General.

A. Alcohol Concentration of Breath. The alcohol concentration of breath shall be reported as grams of alcohol per 210 liters of breath (gram/210 liters).

B. Alcohol Concentration of Blood. The alcohol concentration of blood shall be reported as grams of alcohol per 100 milliliters of blood (gram/100 milliliters).

C. Uncertainty.

(1) For breath tests for alcohol content, the accepted scientific uncertainty in measurement is plus or minus 0.005 gram/210 liters or 10 percent of the average of measurements, whichever is greater.

(2) For blood tests for alcohol content, the accepted scientific uncertainty in measurement is plus or minus 0.005 gram/100 milliliters or 10 percent of the average of measurements, whichever is greater.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.04 Preliminary Tests of Breath for Alcohol.

A. PBT Devices.

(1) The Toxicologist shall:

(a) Approve the make and model of PBT devices used in the State; and

(b) Maintain a list of approved make and model PBT devices.

(2) At the time of approval by the Toxicologist, the make and model of the PBT device shall be on the most recently updated Conforming Products List of Evidential Breath Alcohol Measurement Devices published in the Federal Register by the National Highway Traffic Safety Administration of the Department of Transportation.

(3) Calibration Check.

(a) The calibration of a PBT device shall be checked by a PBT device operator, trained in accordance with §B(1) of this regulation, once a month by using an approved alcohol reference solution or alcohol gas standard.

(b) The results of the calibration check shall be within plus or minus 10 percent, inclusive, of the alcohol concentration of the alcohol reference solution or alcohol gas standard.

(c) A PBT device that does not achieve the result specified in §A(3)(b) of this regulation shall be withdrawn from use until it has been recalibrated.

B. Training Programs.

(1) PBT Device Operator Training Program.

(a) The Toxicologist shall approve a PBT device operator training program.

(b) CTAU shall be notified in advance of all PBT device operator training classes.

(c) A preliminary breath test of an individual suspected of being impaired or driving under the influence of alcohol or drugs shall be conducted only by a law enforcement officer who has completed and passed this training.

(d) A written exam consisting of at least 25 questions shall be given at the conclusion of the program.

(e) The cumulative passing score shall be 70 percent or above.

(f) A roster of students successfully completing the course shall be forwarded to the CTAU on completion of the program.

(2) PBT Device Instructor Training Program.

(a) All PBT device operator classes shall be taught by individuals who have successfully completed a PBT device instructor training program from CTAU.

(b) CTAU shall provide instructor training for all agencies.

(c) Any requests for PBT Device Instructor Training shall be made to the CTAU Supervisor.

(d) The PBT device instructor training program shall:

(i) Include at least 16 hours of instruction; and

(ii) Be approved by the Toxicologist.

(3) CTAU shall issue a certificate after the successful completion of either program outlined in §B(1) or (2) of this regulation.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.05 Evidentiary Tests of Breath for Alcohol: Testing Agencies and Training Programs.

A. Testing Agencies.

(1) An agency desiring approval to conduct evidentiary breath tests shall make a written request to the CTAU Supervisor.

(2) An agency requesting approval to conduct breath tests shall:

(a) Offer 24-hour law enforcement service;

(b) Provide an environmentally controlled area and a phone line exclusively for the breath testing instrument;

(c) Provide expendable supplies needed for personnel to operate the equipment; and

(d) Have a minimum of 20 full-time sworn law enforcement officers.

(3) An agency shall have a breath test supervisor who shall administer and coordinate all alcohol testing related activities with CTAU.

(4) The breath test supervisor shall be a breath test operator.

(5) An agency’s approval to conduct breath testing may be withdrawn by the Toxicologist or their representative based on:

(a) A substantial failure to comply with this chapter; or

(b) Inadequate State resources.

B. Training Programs.

(1) Basic Breath Test Operator Certification Course.

(a) All basic breath test operator courses shall be:

(i) Approved by the Toxicologist; and

(ii) Taught by approved breath test instructors.

(b) The course shall include a minimum of 35 hours of lecture or laboratory instruction covering:

(i) A study of the mathematics of the metric system;

(ii) A study of the properties, human physiology, and pharmacology of alcohol;

(iii) A study of the theory, operating principles, and maintenance requirements of the breath test instruments; and

(iv) A review of relevant Maryland statutes, regulations, and cases affecting enforcement and testing of an individual suspected of driving while impaired or under the influence of alcohol.

(c) A written examination consisting of at least 50 questions shall be given at the conclusion of the course.

(d) The cumulative passing score on the written examination shall be 90 percent or above.

(e) The individual shall demonstrate to the instructor satisfactory ability to use the instrument.

(2) Breath Test Operator Certification Renewal Course.

(a) A breath test operator certification renewal course shall be:

(i) Approved by the Toxicologist; and

(ii) Taught by approved breath test instructors.

(b) The course shall be comprised of a minimum of 6 hours of instruction, including a review of:

(i) Breath testing theory;

(ii) Methods and procedures; and

(iii) Current and contemporary issues.

(c) A written examination consisting of at least 25 questions shall be given at the conclusion of the course.

(d) The passing score on the written examination shall be 80 percent or above.

(3) Breath Test Maintenance Technician Course.

(a) The breath test maintenance technician course shall be approved by the Toxicologist.

(b) This course shall include a minimum of 70 hours of training, covering:

(i) A review of breath testing theory, methods, and developments;

(ii) Operation, takedown, and maintenance of instruments;

(iii) Gas cylinder replacement; and

(iv) Simulator takedown, maintenance, and solution changing.

(c) A written or oral exam shall be administered by the CTAU Supervisor before certification.

(4) CTAU shall issue a certificate after the successful completion of any course outlined in §B(1) — (3) of this regulation.

Cross References

29.05.03.06A(1)(b)

29.05.03.06A(2)(a)(ii)

29.05.03.06A(3)(c)

29.05.03.06B(1)(b)

29.05.03.06C(1)(a)

29.05.03.06C(1)(c)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.06 Evidentiary Tests of Breath for Alcohol: Personnel — Training.

A. Breath Test Operator.

(1) Initial Certification as a Qualified Person.

(a) To become a qualified breath test operator, a qualified person shall be:

(i) A full-time law enforcement officer of an agency approved to conduct breath tests;

(ii) A full-time laboratory technician of an agency approved to conduct breath tests; or

(iii) Any individual designated by the Toxicologist.

(b) CTAU shall issue an initial certificate after the successful completion of a basic breath test operator course as described in Regulation .05B(1) of this chapter.

(c) An initial certification shall be valid for a period of 15 months.

(2) Renewal of Certification.

(a) Before expiration of the initial certification or each subsequent renewal certification period, a breath test operator shall:

(i) Exhibit competence in the performance of all duties as a breath test operator as described in Regulation .07A(1) of this chapter; and

(ii) Successfully complete a breath test operator certification renewal course as outlined in Regulation .05B(2) of this chapter.

(b) CTAU shall issue a renewal certificate after the breath test operator complies with §A(2)(a) of this regulation.

(c) A renewal certificate shall extend certification for an additional period of 13 months.

(3) Reinstatement of Expired Certification.

(a) If the breath test operator's certification expires and not more than 90 days have elapsed since the time of expiration, the CTAU supervisor may reinstate the operator.

(b) If more than 90 days but less than 3 years have elapsed, the CTAU supervisor:

(i) Shall confer with the Toxicologist or their representative about reinstatement; and

(ii) May require a demonstration of proficiency before reinstatement of the expired certification.

(c) A breath test operator who applies for reinstatement more than 3 years following expiration of certification shall complete the basic breath test operator course as provided in Regulation .05B(1) of this chapter to be requalified.

(4) Suspension and Revocation of Certification.

(a) An individual who fails a breath test operator certification renewal course shall be immediately suspended by the CTAU as a breath test operator.

(b) The CTAU supervisor may issue a renewal certificate to an individual if the breath test operator certification renewal course is successfully completed within 120 days of the initial failure.

(c) The CTAU supervisor may suspend or revoke a certificate of a breath test operator if, in the supervisor's judgment, the individual’s performance is unsatisfactory.

(d) If the individual’s certificate is revoked, the individual shall return all certificates and manuals to the CTAU supervisor.

B. Breath Test Maintenance Technician.

(1) To become a breath test maintenance technician, an individual shall:

(a) Be an employee of CTAU;

(b) Have successfully completed an approved operator and maintenance course for breath testing instrumentation as described in Regulation .05B(3) of this chapter; and

(c) Demonstrate proficiency in the use of breath testing instrumentation to:

(i) The CTAU supervisor; or

(ii) An approved instructor.

(2) CTAU shall issue a certificate if:

(a) The individual complies with §B(1) of this regulation; and

(b) The Toxicologist approves of the issuance of the certificate.

(3) Certification of a breath test maintenance technician may be suspended or revoked for the following reasons:

(a) Failure to properly maintain breath testing instruments; or

(b) Failure to adhere to this chapter.

C. Breath Test Instructor.

(1) To become a breath test instructor, an individual shall:

(a) Successfully complete the training programs described in Regulation .05B of this chapter;

(b) Have prior experience in training law enforcement officers;

(c) Assist in at least one basic breath test operator course as referenced in Regulation .05B(1) of this chapter; and

(d) Be approved by the Toxicologist.

(2) A breath test instructor may perform any instrument maintenance and repair as needed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.07 Evidentiary Tests of Breath for Alcohol: Personnel — Duties.

A. Breath Test Operator.

(1) A breath test operator shall:

(a) Perform breath tests for alcohol in accordance with training;

(b) Perform at least one test per month, either a subject or simulation test;

(c) Notify CTAU of the following:

(i) Test results that deviate greater than plus or minus 10 percent of the stated concentration for any validation test; or

(ii) Mechanical problems with the breath testing instrument; and

(d) Complete all required reports.

(2) A breath test operator who fails to perform at least one test per month as required in §A(1)(b) of this regulation shall provide a reason for this failure to the CTAU supervisor.

(3) If a breath test operator will be on extended leave from the agency, the CTAU supervisor shall be notified by the breath test operator or the agency breath test supervisor.

B. Breath Test Maintenance Technician. A breath test maintenance technician shall:

(1) Set up all instruments in the field;

(2) Conduct an inspection of the assigned breath testing instruments at least once a month;

(3) Conduct all scheduled maintenance procedures;

(4) Change the alcohol gas cylinder or alcohol reference solution as needed;

(5) Test each instrument with approved alcohol gas standard or alcohol reference solution at least once a month;

(6) Remove an instrument from service if the result of the test in §B(5) of this regulation is not plus or minus 10 percent of the stated concentration;

(7) Repair the instrument as needed; and

(8) Complete all required reports.

Cross References

29.05.03.06A(2)(a)(i)

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.08 Evidentiary Tests of Breath for Alcohol: Instruments and Testing Procedures.

A. Breath Testing Instruments.

(1) The Toxicologist shall approve all instruments to be used in the State for the purpose of testing breath for alcohol content pursuant to Courts and Judicial Proceedings Article, §§10-302 and 10-304, Annotated Code of Maryland.

(2) An agency shall only use an instrument that has been approved by the Toxicologist.

(3) An individual may receive a copy of the list of the manufacturers and models of currently approved instruments from the Department of State Police Forensic Sciences Division at no charge.

B. Certification of Approval of Instruments.

(1) The Toxicologist shall certify approval of each instrument before it is used in the State.

(2) At the time of approval by the Toxicologist, the instrument shall be on the most recently updated Conforming Products List of Evidential Breath Alcohol Measurement Devices published in the Federal Register by the National Highway Traffic Safety Administration of the Department of Transportation.

(3) On at least an annual basis, the Toxicologist or their representative shall recertify approval of each instrument.

(4) Following successful testing, an instrument that is repaired by a certified breath test maintenance technician may be returned to service without the recertification of approval by the Toxicologist.

C. Inspection. Approved equipment and related records shall be available for inspection by the Toxicologist or representative at all times.

D. Validation Tests.

(1) The Toxicologist shall approve the alcohol reference solution or alcohol gas standard to be used as validation tests.

(2) Validation tests shall be performed contemporaneously with each evidentiary breath test using an approved alcohol reference solution or alcohol gas standard.

E. Initial Certification of Instrument Approval.

(1) Precision and Accuracy Testing.

(a) Vapor containing 0.020 gram/210 liters, 0.040 gram/210 liters, 0.080 gram/210 liters, and 0.160 gram/210 liters ethanol concentrations shall be introduced through the breath tube of the instrument.

(b) Each concentration shall be repeated four times.

(c) As an indication of precision, the combined average standard deviation shall be not greater than 0.0042 gram/210 liters.

(d) As an indication of accuracy, systematic variations at each ethanol concentration will be calculated and shall be not more than 5 percent or 0.005 gram/210 liters, whichever is greater.

(e) Any instruments not meeting the precision and accuracy requirements may not be approved.

(2) Acetone Detection Testing.

(a) Vapor containing 0.020 gram/210 liters ethanol and 100 microliters of acetone per 500 milliliters solution shall be introduced through the breath tube of the instrument.

(b) Each concentration shall be repeated four times.

(c) The instrument shall read between 0.015 and 0.025 gram/210 liters.

(d) An instrument not meeting the requirement for acetone detection may not be approved.

(3) Blank Testing.

(a) Four samples of vapor containing no ethanol or other solvents shall be introduced through the breath tube of the instrument.

(b) No reading shall exceed 0.005 gram/210 liters vapor.

(c) An instrument not meeting the blank detection requirement may not be approved.

(4) If conditions outlined in §E(1) — (3) of this regulation are met:

(a) The instrument shall be approved; and

(b) The Toxicologist shall issue a letter certifying instrument approval.

F. Periodic Recertification of Approval.

(1) Instrument approval shall be recertified at least annually.

(2) The Toxicologist shall issue a letter recertifying instrument approval.

G. Evidentiary Breath Test Method.

(1) For at least 20 minutes before a breath sample is taken, an individual may not:

(a) Eat or drink;

(b) Have any foreign substance in the individual’s mouth or respiratory tract; or

(c) Smoke.

(2) The individual shall be observed and mouth checked.

(3) Observation of the individual shall be performed by:

(a) A breath test operator;

(b) Other uniformed or civilian law enforcement personnel; or

(c) Any combination of a breath test operator and uniformed or civilian law enforcement personnel.

(4) The testing procedure shall begin with a blank test to ensure that no alcohol is present in the breath path of the breath testing instrument.

(5) A validation test shall be run before the individual begins the testing process.

(6) If the breath testing instrument fails to obtain a reading plus or minus 10 percent of the stated alcohol concentration on the validation test, then the subject test shall be discontinued.

(7) The individual shall be instructed to take a breath and then deliver a breath sample into the instrument by blowing into the mouthpiece and breath tube until instructed to stop.

(8) After each subject breath sample, a blank check shall be performed to ensure that no alcohol is present in the breath path.

(9) Two breath samples shall be collected and analyzed by the breath testing instrument.

(10) A third breath sample shall be collected only if the absolute difference between the results of the first and second samples exceeds 0.020 gram/210 liters.

(11) A validation test of known alcohol concentration shall be run after the individual has given the required number of breath samples.

(12) If the instrument fails to obtain a reading plus or minus 10 percent of the stated concentration on the validation test, then the subject test is invalid.

(13) The lower of the two or lowest of the three results of the subject test shall be truncated to the second decimal place and reported as the result of the breath test.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland
COMAR 29.05.03.09 Evidentiary Tests of Blood for Alcohol.

A. Laboratories and Procedures for Analysis.

(1) Laboratories.

(a) The Department of Maryland State Police Forensic Sciences Division is an approved laboratory to conduct tests of blood for alcohol.

(b) Approval by the Toxicologist of any other laboratory is required before it may perform any test of blood for alcohol in accordance with Courts and Judicial Proceedings Article, §10-304, Annotated Code of Maryland.

(c) An individual may receive a copy of the list of currently approved laboratories from the Department of Maryland State Police Forensic Sciences Division at no charge.

(2) Equipment and Procedures for Analysis.

(a) The Toxicologist shall approve all equipment and analytical procedures for the testing of blood for alcohol.

(b) Approved equipment shall be calibrated with alcohol calibration solution or solutions approved by the Toxicologist.

(c) The calibration shall be checked using an alcohol control solution.

(d) Alcohol control solution test results may not deviate greater than plus or minus 0.010 gram/100 milliliters from its stated concentration.

(e) The laboratory shall perform evidentiary tests of blood for alcohol in duplicate and the duplicate results may not deviate greater than plus or minus 0.010 gram/100 milliliters.

(f) For subject tests, the lower of the duplicate results shall be truncated to the second decimal place and reported as the result of the blood test.

B. Personnel.

(1) Qualified Medical Personnel. Any qualified medical person is approved to withdraw blood for the testing of blood for alcohol content.

(2) Analyst.

(a) The Toxicologist shall certify an analyst performing tests of blood for alcohol content as a qualified person.

(b) The Toxicologist shall:

(i) Review the credentials of the analyst;

(ii) Direct a program of training as necessary; and

(iii) Set standards for maintenance of proficiency.

(c) The Toxicologist shall recertify the analyst on a regular basis.

(d) A certified analyst shall perform at least one batch of subject specimens or proficiency specimens annually.

C. Procedures for Administering an Evidentiary Test of Blood for Alcohol.

(1) The blood specimen shall be withdrawn by qualified medical personnel.

(2) Blood sampling equipment shall be approved by the Toxicologist.

(3) The arresting officer or another law enforcement officer may witness the withdrawal of the blood.

(4) The law enforcement officer shall:

(a) Fill out all forms contained in the approved blood sampling equipment kit; and

(b) Be certain all seals are signed and properly affixed.

(5) The sample shall be delivered by messenger or mail to the Department of Maryland State Police in containers provided with the sampling equipment.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.09 adopted as an emergency provision effective February 20, 2023 (50:7 Md. R. 297); expired effective July 21, 2023
  • Administrative History: ——————
  • Administrative History: New Regulations .01 — .09 adopted effective November 25, 2024 (51:23 Md. R. 1038)
  • Authority: Courts and Judicial Proceedings Article, §§10-304 and 10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article, §2-205; Annotated Code of Maryland

29.06.01 Fire Prevention Code

COMAR 29.06.01.01 Title.

This chapter shall be known and may be cited as the State Fire Prevention Code.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.02 Purpose.

A. The purpose of this chapter is to establish minimum requirements that will provide a reasonable degree of fire prevention and control to safeguard life, property, or public welfare from:

(1) The hazards of fire and explosion arising from the storage, handling, or use of substances, materials, or devices; and

(2) Conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots, or premises.

B. This chapter incorporates by reference NFPA 1 Fire Code (2024 Edition), except as amended in Regulations .08 and .09 of this chapter, and NFPA 101 Life Safety Code (2024 Edition), except as amended in Regulation .07 of this chapter.

C. The State Fire Prevention Commission recommends the use of the NFPA National Fire Codes or other nationally recognized standards in technical matters not specifically addressed by this chapter.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.03 Application and Scope.

A. This chapter applies to both new and existing buildings and conditions. In various sections there are specific provisions for existing buildings that may differ from those for new buildings. Unless otherwise noted, this chapter does not apply to facilities, equipment, structures, or installations that were existing or approved for construction or installation before the effective date of this chapter, except in those cases in which it is determined by the authority having jurisdiction (AHJ) that the existing situation constitutes a hazard so inimical to the public welfare and safety as to require correction. The requirements for existing buildings and conditions may be modified if their application clearly would be impractical in the judgment of the AHJ, but only if it is clearly evident that a reasonable degree of safety is provided. The State Fire Marshal or the legally appointed designee has the authority to make a determination of the applicability of this chapter to any building or condition in it, subject to the right of appeal to the State Fire Prevention Commission as prescribed in COMAR 29.06.02.

B. Repealed.

C. The provisions of this chapter do not apply in Baltimore City except to those buildings and conditions specifically prescribed in Public Safety Article, Title 6, Subtitle 4, Annotated Code of Maryland.

D. The provisions of this chapter do not apply to buildings used solely as dwelling houses for not more than two families as prescribed in Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.04 Enforcement.

A. Enforcement of this chapter is the responsibility of:

(1) The State Fire Marshal;

(2) A legally designated fire official of a county or municipal corporation of the State; or

(3) Other persons legally appointed by the State Fire Marshal under Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.

B. The State Fire Marshal or the legally appointed designee may accept alternate methods of satisfying the intent of this chapter if the material, method, or work is at least the equivalent of that required by this chapter in quality, effectiveness, durability, and safety, and meets or exceeds the intent of the chapter.

C. If there are differing or conflicting requirements between this chapter and codes or standards adopted by incorporation by reference by this chapter, the State Fire Marshal or the legally appointed designee shall determine which requirements apply, subject to the right of appeal to the State Fire Prevention Commission.

D. If Public Safety Article, Annotated Code of Maryland, or this chapter requires that a permit, license, or certificate of approval be obtained from the State Fire Marshal, it shall be obtained from the State Fire Marshal, or other appropriate authority, of the county, city, or incorporated town where the activity or equipment for which the permit, license, or certificate required is located.

E. A violation of this chapter is subject to the penalties set forth in the Public Safety Article, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.05 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Authority having jurisdiction (AHJ)” means the State Fire Marshal or the legally appointed designee as prescribed in this chapter.

(2) “International Code Council (ICC)” means International Code Council, Inc., 200 Massachusetts Avenue N.W., Suite 250, Washington, DC 20001.

(3) “Legally appointed designee” means those local or county officials specifically authorized under the Public Safety Article, Annotated Code of Maryland, to enforce the provisions of the State Fire Laws and State Fire Prevention Code.

(4) “New building or condition” means a building, structure, installation, plant, equipment, renovation, or condition:

(a) For which a building permit is issued on or after the effective date of this chapter;

(b) On which actual construction is started on or after the effective date of this chapter in a jurisdiction where a building permit is not required;

(c) Which represents a change from one occupancy classification to another on or after the effective date of this chapter; or

(d) Which represents a situation, circumstance, or physical makeup of any structure, premise, or process that was commenced on or after the effective date of this chapter.

(5) “NFPA” means National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471.

Cross References

11.03.01.01B(42)

11.03.02.01B(30)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.06 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference, with the amendments specified in this chapter. Tentative interim amendments and supplements to these documents and to the codes and standards referenced in these documents are not included as part of this chapter unless specifically adopted by this chapter.

B. Documents Incorporated.

(1) NFPA 1 Fire Code (2024 Edition).

(2) NFPA 101 Life Safety Code (2024 Edition).

C. Incorporation by Reference Locations. The documents incorporated by reference in §B of this regulation are available for inspection in State depository libraries.

Cross References

10.05.01.11B

10.05.02.02

10.07.02.02B(8)

10.07.04.09

10.07.14.03B

10.12.03.08B

10.12.04.38A(2)

10.12.04.41A(2)

11.03.01.01-1B(1)

11.03.01.01-1B(2)

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.07 National Fire Protection Association 101 Life Safety Code.

The NFPA 101 Life Safety Code (2024 Edition) is incorporated by reference, except for the following amendments:

A. Amend Sections 2.2 and 2.4 to delete the referenced publications NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities, 2022 edition, and NFPA 5000 Building Construction and Safety Code, 2024 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ.

B. Amend Subsection 3.3.66 to add the following Paragraph: 3.3.66.3 Bulkhead Door. A type of door assembly covering an opening in the ground providing direct access to a basement, the floor of which is not more than 8 feet below ground level. The door consists of a single rigid leaf or two overlapping rigid leaves or covers that need to be pushed or lifted upwards in order to be opened. A person, after opening the door, can walk up a series of steps to escape to the outside.

C. Amend Paragraph 3.3.70.1 to replace “three” with “five" and delete, “if any, accommodated in rented rooms”.

D. Amend Paragraph 3.3.154.1 and Subparagraphs 16.6.1.1.2 and 17.6.1.1.2 to delete “more than 3, but”.

E. Amend Paragraphs 3.3.205.4 and 6.1.4.1 to delete “four or more”.

F. Amend Paragraphs 3.3.205.12 and 6.1.9.1 to replace “four” with “six”.

G. Amend Subsection 4.5.8 and Paragraph 4.6.12.1 to delete “for compliance with the provisions of this Code”.

H. Amend Paragraph 4.6.10.2 to replace “Where required by Chapters 11 through 43, construction” with “Construction”.

I. Amend Paragraph 4.6.12.3 to delete “by the Code”.

J. Amend Subsection 4.8.2 to add the following Paragraph: 4.8.2.4 Emergency action plans shall be maintained in a location approved by the AHJ.

K. Amend Subparagraph 6.1.8.1.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

L. Amend Subsection 7.1.10 to add the following Paragraph: 7.1.10.3 Trash or recyclable materials awaiting scheduled collection shall not be placed in exits, exit access corridors, or on egress balconies.

M. Amend Sub-subparagraph 7.2.1.6.4.1 to replace “in Chapters 11 through 43” with “by the AHJ and Chapters 11 through 43”.

N. Amend Subparagraph 7.2.1.7.1 to delete “required to be”.

O. Amend Subparagraph 7.2.1.7.4 to delete “Required”.

P. Amend Paragraph 7.2.1.12 to delete “7.2.1.12.1 or”.

Q. Delete Subparagraph 7.2.1.12.1.

R. Amend Subparagraphs 7.2.1.14.1 and 7.2.1.15.1 to replace “Chapters 11 through 43” with “the AHJ or Chapters 11 through 43”.

S. Amend Paragraph 7.9.1.2 to replace “only” in the first sentence with “, but not be limited to,”.

T. Amend Paragraph 8.7.3.3 to replace “8.7.3.3.5” with “8.7.3.3.5, unless otherwise permitted by the AHJ:”

U. Amend Paragraph 9.6.1.3 and Subsection 9.11.1 to delete “required by this Code”.

V. Amend Paragraph 9.6.2.6 to add the following: This paragraph does not permit the omission of manual fire alarm boxes in accordance with other provisions of this Subsection unless specifically permitted by Chapters 11 through 43.

W. Delete Subparagraph 9.6.2.10.7 and Sub-subparagraphs 9.6.2.10.7.1 and 9.6.2.10.7.2.

X. Amend Paragraph 9.7.1.1 to add the following Subparagraph: 9.7.1.1.1 For new ceiling installations, drop-out ceilings as referenced in NFPA 13 Subsection 9.3.11 and NFPA 13R Section 6.15 shall be prohibited.

Y. Amend Paragraph 9.11.4.1 and Subsection 9.14.1 to replace “Chapters 11 through 43” with “the AHJ and Chapters 11 through 43”

Z. Amend Paragraph 9.11.4.2 to replace “by 9.3.5” with “by the AHJ, 9.3.5”.

AA. Amend Subsection 9.13.1 to replace “by another section of this Code” with “the AHJ and another section of this Code”.

BB. Amend Subsections 9.15.1 and 9.15.2 to insert the words “and the AHJ” after “NFPA 1225”.

CC. Amend Subsections 10.4.1 and 10.5.1 to add the following at the beginning of each sentence: “Unless otherwise permitted by the AHJ,”.

DD. Amend Paragraph 10.7.1.1 to add “and be approved by the AHJ” after “10.7.5.2”.

EE. Amend Paragraph 11.8.3.1 to add “High-rise buildings do not include a structure or building used exclusively for open-air parking.”

FF. Amend Paragraphs 11.8.6.1 and 11.8.6.2 to replace “approved by the fire department” with “approved by the AHJ”.

GG. Amend Paragraph 11.11.2.1 to add “or other approved testing standard approved by the State Fire Marshal”.

HH. Delete Section 11.12.

II. Delete Paragraphs 12.2.1.2, 14.2.1.5, 16.2.1.1, 28.2.1.4, 30.2.1.3, 32.2.2.7, 36.2.1.6, 38.2.1.5, 40.2.1.3, 42.2.1.3, Subparagraphs 16.6.2.1.2, 32.3.2.1.3, and Subsection 26.2.4.

JJ. Amend Paragraphs 12.2.4.1 and 13.2.4.1 to add the following:

(1) Not less than two separate exits shall be provided on every story.

(2) Not less than two separate exits shall be accessible from every part of every story.

KK. Amend Paragraph 12.3.5.1 to replace “The following assembly occupancies” with “The following assembly occupancies having an occupant load of 100 or more persons, or 5,000 or more square feet in area, or located on a floor other than the level of exit discharge”.

LL. Amend Paragraphs 12.7.7.3 and 13.7.7.3 to replace “prior” with “within 10 minutes prior”.

MM. Amend Paragraphs 14.7.2.3 and 15.7.2.3 to delete existing wording and replace with the following:

Fire emergency egress drills shall be conducted as follows:

(1) Not less than one fire emergency egress drill shall be conducted every month the facility is in session, unless the following criteria are met:

(a) In climates where the weather is severe, the monthly fire emergency egress drills shall be permitted to be deferred; and

(b) In educational occupancies which are:

(i) fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills shall be five, with a least two of the required drills conducted in the first four months of the school year; or

(ii) not fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills shall be eight, with at least three of the required drills conducted in the first four months of the school year.

(2) All occupants of the building shall participate in the fire emergency egress drill.

(3) One fire emergency egress drill, other than for educational occupancies that are open on a year-round basis, shall be required within the first 30 days of operation.

NN. Amend Sub-subparagraphs 15.2.2.2.4.1(3) and 17.2.2.2.6.1(3) to replace “operations,” with “operations, the locking device is of a type that is readily distinguishable as locked,”.

OO. Amend Paragraph 15.2.4.2 to delete “unless otherwise permitted by 15.2.4.2(3)” from item (1) and delete item (3).

PP. Amend Sub-subparagraph 15.3.4.3.1.2 to delete “control unit or”.

QQ. Amend Subsections 16.1.1 and 17.1.1 to add the following Paragraphs: 16.1.1.10 and 17.1.1.10 Day-care centers providing day care for school-age children before or after school hours in a building which is in use as a public or private school are not required to meet the provisions of this chapter, but shall meet the provisions for educational occupancies.

RR. Amend Subparagraphs 16.2.11.1.1 to add the following item: (4) For grade floor windows the minimum net clear opening shall be permitted to be 5.0 square feet.

SS. Amend Paragraph 16.3.5.1 to add the following: Automatic sprinkler protection is not required if all of the following conditions are met:

(1) The total number of occupants in the occupancy in which the day care center is located is not more than 300 persons.

(2) All rooms used for day care are located on the level of exit discharge;

(3) All rooms used for day care have at least one exterior exit door at grade level; and

(4) The occupancy in which the day care center is located does not exceed 12,000 square feet in area.

TT. Amend Sub-subparagraphs 16.6.1.4.1.1 and 17.6.1.4.1.1 to delete “more than three, but” and replace “seven” with “nine”.

UU. Amend Sub-subparagraphs 16.6.1.4.1.2 and 17.6.1.4.1.2 to replace “7” with “9”.

VV. Amend Subparagraphs 16.6.1.7.1 and 17.6.1.7.1 to replace “both” with “all” and Items (1) and (2) with the following Items:

(1) The minimum staff-to-client ratio shall be not less than one staff member for up to eight clients, including the caretaker's own children incapable of self-preservation.

(2) There shall be not more than four clients incapable of self-preservation, including the caretaker's own children incapable of self-preservation.

(3) A staff-to-client ratio of at least one staff member to every two clients incapable of self-preservation shall be maintained at all times.

(4) The staff-to-client ratio shall be permitted to be modified by the authority having jurisdiction where safeguards in addition to those specified in this section are provided.

WW. Amend Subparagraph 16.6.2.1.1 and Paragraph 17.6.2.1 to add the following: Bulkhead doors may not serve as a primary means of escape.

XX. Amend Subparagraphs 16.6.2.4.5 and 17.6.2.4.5 to delete item (3).

YY. Amend Paragraphs 16.6.2.2 (Reserved) and 17.6.2.2 (Reserved) to add the following: SLIDING DOOR: For family day-care homes, a sliding door used as a required means of escape shall comply with the following conditions:

(1) The sliding door shall have not more than one, easily operated, locking device that does not require special knowledge, effort, or tools to operate;

(2) There may not be draperies, screens, or storm doors that could impede egress;

(3) The sill or track height may not exceed 1/2 inch above the interior finish floor;

(4) The surface onto which exit is made shall be an all weather surface such as a deck, patio, or sidewalk;

(5) The floor level outside the door may be one step lower than the inside, but not more than 8 inches lower;

(6) The sliding door shall open to a clear open width of at least 28 inches;

(7) Before day-care use each day, the sliding door shall be unlocked and tested to the full required width to be sure it is operating properly, and the door shall be nonbinding and slide easily; and

(8) During periods of snow or freezing rain, door tracks shall be cleared out and the door opened periodically throughout the day in order to ensure proper operation.

ZZ. Amend Paragraphs 16.6.2.3 (Reserved) and 17.6.2.3 (Reserved) to add the following:

SPECIAL MEANS OF ESCAPE REQUIREMENTS: For family day-care homes, deadbolt locks shall be provided with approved interior latches, or these locks shall be of a captured key design from which the key cannot be removed from the interior side of the lock when the lock is in the locked position.

AAA. Amend Subparagraph 16.6.3.4.5 to replace the word “Reserved.” with the following: For compliance with Paragraph 43.7.2.1(2), approved battery-powered smoke alarms, rather than house electrical service-powered smoke alarms required by 16.6.3.4.4, shall be permitted where the facility has testing, maintenance, and smoke alarm replacement programs that ensure reliability of power to the smoke alarms.

BBB. Amend Subparagraph 17.2.11.1.1 to add the following item:

(5) For grade floor windows the minimum net clear opening shall be permitted to be 5.0 feet.

CCC. Amend Paragraphs 17.6.2.1, 28.2.1.2, 29.2.1.2, 30.2.1.2, 31.2.1.2 and Subparagraphs 16.6.2.1.1, 16.6.2.4.1, 16.6.2.4.2, 17.6.2.4.1, 17.6.2.4.2, and 33.3.2.1.2 to add the following sentence: The provisions of Subsection 24.2.8 shall not apply.

DDD. Amend Subparagraph 17.6.3.4.5 to delete “existing” and replace “battery” with “smoke alarm”.

EEE. Amend Section 19.3 to add the following Paragraph and Subparagraphs:

19.3.4.6 Carbon Monoxide Detection.

19.3.4.6.1 Carbon monoxide detection, where required by 19.3.4.6.2, shall be in accordance with Section 9.12.

19.3.4.6.2 Carbon monoxide detection shall be provided in the following locations:

(1) Carbon monoxide detectors shall be installed on the ceilings of rooms containing permanently installed fuel-burning appliances, including fireplaces.

(2) Carbon monoxide detectors shall be installed within 36 inches (910 millimeters) of the first supply air register from a permanently installed, fuel-burning HVAC system.

FFF. Amend Section 21.3 to add the following Paragraph and Subparagraphs:

21.3.4.5 Carbon Monoxide Detection.

21.3.4.5.1 Carbon monoxide detection, where required by 21.3.4.5.2, shall be in accordance with Section 9.12.

21.3.4.5.2 Carbon monoxide detection shall be provided in the following locations:

(1) Carbon monoxide detectors shall be installed on the ceilings of rooms containing permanently installed fuel-burning appliances, including fireplaces.

(2) Carbon monoxide detectors shall be installed within 36 inches (910 millimeters) of the first supply air register from a permanently installed, fuel-burning HVAC system.

GGG. Amend Paragraph 22.4.6.2 to add the following Subparagraph:

22.4.6.2.5 Automatic sprinkler protection shall be installed throughout the building in accordance with 9.7.1.1.

HHH. Amend Paragraph 24.1.1.2 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

III. Amend Subparagraphs 24.2.2.3.3, 32.2.2.3.1(3), and 33.2.2.3.1(3) to insert “, or not less than 5.0 square feet for grade floor windows” after “5.7 ft2”.

JJJ. Amend Paragraph 26.1.1.1 to replace “buildings” with “buildings that do not qualify as one- and two-family dwellings”.

KKK. Delete Subsections 30.7.5 and 31.7.5.

LLL. Amend Paragraph 31.3.5.9.1 to replace “by January 1, 2033” with “within 12 years of the date of the original violation notice issued by the fire authority having jurisdiction.”

MMM. Amend Sub-subparagraph 33.3.3.4.8.1 to delete “33.3.3.4.8.2 and”.

NNN. Delete Sub-subparagraph 33.3.3.4.8.2.

OOO. Amend Paragraphs 36.3.5.3, 37.3.5.3, 38.3.5.2, and 39.3.5 to replace “portable” with “Unless otherwise permitted by the AHJ, portable”.

PPP. Amend Table 42.2.5 to replace “50” with “75” and “15” with “23” for common path of travel for ordinary hazard storage occupancy not protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1(1).

QQQ. Amend Subparagraphs 42.3.4.1.2 and 42.3.4.1.3 to replace “Storage occupancies” with “Storage occupancies less than three stories”.

RRR. Amend Sub-subparagraphs 42.8.3.4.1.1 and 42.8.3.4.1.3 to replace “Parking structures” with “Parking structures less than three stories”.

Cross References

11.03.01.01-1B(2)

29.06.01.02B

29.06.01.08U

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.08 National Fire Protection Association 1 Fire Code.

The NFPA 1 Fire Code (2024 Edition) is incorporated by reference, except for the amendments in Regulation .09 of this chapter and the following amendments:

A. Delete Section 1.11. (See COMAR 29.06.02)

B. Delete Section 1.12.

C. Amend Subsection 1.13.1 to add the following Paragraph: 1.13.1.1 Permits, certificates, notices, approvals, or orders required by this code shall be governed by the policies and procedures of the AHJ.

D. Amend Paragraph 1.13.6.13 to replace “Permits shall” with “Permits may”.

E. Amend Subsection 1.13.8 to replace “shall” with “may”.

F. Amend Subsection 1.14.2 to delete “Mandatory.” and replace “shall” with “may”.

G. Delete Paragraph 1.14.12.4.

H. Amend Subsection 2.1.1 and Paragraphs 2.1.1.1 and 2.1.1.2 to replace “Compliance” with “Where permitted by the AHJ, compliance”.

I. Amend Section 2.2 to delete the referenced publication NFPA 5000 Building Construction and Safety Code, 2024 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ. Delete the referenced publication NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities, 2022 edition.

J. Amend Section 2.4 to delete the publication NFPA 5000 Building Construction Safety Code, 2024 edition. Wherever NFPA 5000 is referenced, other than for extracted text, substitute the building code adopted by the AHJ.

K. Amend Subsection 3.3.17 to add the following Paragraph: 3.3.17.12 Consumer Fireworks Retail Sales Area. The portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public.

L. Amend Subsection 3.3.136 and Paragraph 3.3.136.1 to add “and as referenced in Public Safety Article, §10-101, Annotated Code of Maryland”.

M. Delete Subsection 3.3.175.

N. Amend Paragraph 3.3.203.6 to delete “more than 3 but”.

O. Amend Paragraphs 3.3.203.7 and 6.1.4.1 to delete “four or more”.

P. Amend Paragraph 3.3.203.25 and Subparagraph 3.3.203.25.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

Q. Amend Paragraphs 3.3.203.28 and 6.1.9.1 to replace “four” with “six”.

R. Amend Paragraph 4.5.8.1 to delete “for compliance with the provisions of this Code”.

S. Amend Paragraph 4.5.8.3 to delete “by the Code”.

T. Amend Subparagraph 6.1.8.1.1 to replace “three” with “five” and delete “, if any, accommodated in rented rooms”.

U. Amend Subsection 10.1.2 to add “except as amended by COMAR 29.06.01.07, COMAR 29.06.01.08, and COMAR 29.06.01.09”.

V. Amend Paragraph 10.2.7.1 to replace “in Table 10.2.7.1” with “by the AHJ” and Table 10.2.7.1.

W. Amend Annex A to add the following new Paragraph: A.10.2.7.1 The frequency of fire prevention inspections of existing buildings should be based upon a risk assessment of these properties completed by the responsible AHJ. Considerations for this assessment should include, but not be limited to, the occupancy classification of the building and hazards associated with that classification; the number, location, and physical and mental capabilities of potential building occupants (especially self-evacuation abilities); construction design and maintenance of the property; fire protection features of the building; special hazards associated with activities or operations conducted within the building; available fire department suppression resources with special consideration to necessary special suppression operations; and resources available for fire code inspections and enforcement actions .

X. Amend Subsections 10.5.1 and 10.5.2 to replace “AHJ” with “AHJ or incident commander”.

Y. Amend Paragraph 10.2.7.1 to replace “in Table 10.2.7.1” with “by the AHJ” and Table 10.2.7.1.

Z. Amend Subsection 10.11.1 to add the following Subparagraph and Paragraph:

10.11.1.1.1 Subject to the approval of the AHJ, individual suites within structures and rear exterior entrances and/or access from service corridors shall be clearly identified.

10.11.1.9 Where required by the AHJ, symbols in compliance with NFPA 170 Standard for Fire Safety and Emergency Symbols shall be used.

AA. Amend Paragraph 10.11.1.1, 10.11.1.2, 10.11.1.3, 10.11.1.4, and 10.11.1.8 to replace “address numbers” with “premises identification”.

BB. Amend Paragraph 10.11.1.6 to delete existing wording and replace with “Where required by the AHJ, the assignment of addresses to buildings shall be in accordance with an approved method.”

CC. Delete Paragraph 10.11.1.7.

DD. Amend Subparagraph 10.14.12.2.6 to replace “any vehicles” with “any vehicles, buildings,”.

EE. Amend Paragraph 10.15.5.1 to replace “Portable” with “Unless otherwise approved by the AHJ, portable”.

FF. Amend Paragraph A.10.15.5.1 to add the following: For the purposes of reducing the distances between the operation and refueling of portable and vehicle-mounted generators and any building or enclosure opening, including windows, doors, and air intakes, one or more of the following conditions may be considered:

(1) Nature of the occupancy of the building or enclosure.

(2) Expected duration of generator use.

(3) Use of certified low CO emission generators.

(4) Actual available distance between the generator and building or enclosure openings.

(5) Installation of approved CO detection within the building or enclosure.

(6) Openness of building or enclosure perimeter walls and ceiling.

(7) Physical barriers or other means to deflect generator exhaust from building or enclosure openings.

GG. Amend Section 10.16 to add the following Subsection: 10.16.6 The AHJ shall have the authority to require that outdoor storage of any combustible material be enclosed by an approved fence or other protective enclosure to prevent unauthorized access.

HH. Amend Subsection 10.16.1 to replace “10 ft (3m)” with “15 feet (4.6 meters)” and “property line” with “property line, building, or adjacent pile of combustible material”; and add the following: The separation distance shall be allowed to be increased where the AHJ determines that a higher hazard to the adjoining property exists.

II. Amend Subsection 10.16.5 to add “and shall not exceed 10,000 square feet in area”.

JJ. Amend Subsection 10.19.7 to replace “repaired” with “repaired on any balcony, under any overhanging portion, or”.

KK. Amend Subsection 10.21.1 to replace “more than five” with “one or more” and replace “10 ft (3 m)” with “15 feet (4.6 meters)”.

LL. Amend Subsection 10.21.4 Item (3) to replace “10 ft (3 m)” with “15 feet (4.6 meters)”.

MM. Amend Section 10.22 to replace “10.22.5” with “10.22.5, unless otherwise permitted by the AHJ”.

NN. Amend Section 11.1 to add the following Subsection:

11.1.9 Clearance. A clear space of not less than 30 inches (762 millimeters) in width, 36 inches (914 millimeters) in depth, and 78 inches (1981 millimeters) in height shall be provided in front of electrical service equipment. Where the electrical service equipment is wider than 30 inches (762 millimeters), the clear space shall not be less than the width of the equipment. No storage of any materials shall be located within the designated clear space. Exception: Where other specialized dimensions are required or permitted by NFPA 70.

OO. Amend Paragraph 11.1.5.6 to delete existing wording and replace with the following: Extension cords shall not be used as a substitute for permanent wiring.

PP. Amend Paragraph 11.1.7.3 to add the following Subparagraph: 11.1.7.3.2 Doors to electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording in contrasting letters not less than one inch (25 millimeters) high and not less than ¼ inch (6.4 millimeters) in stroke width.

QQ. Amend Paragraph 11.3.6.1 to add the following sentence: Keys for new elevators shall be cut to a uniform key code to comply with the Maryland State Elevator Code.

RR. Amend Subsection 11.9.1 to replace “approved by the fire department” with “approved by the AHJ”.

SS. Amend Paragraph 12.6.9.1 to add the following new Subparagraph: 12.6.9.1.2 The AHJ shall be permitted to:

(1) Approve the placement of a natural cut or balled tree;

(2) Limit the number of natural cut or balled trees displayed; and

(3) Order the removal of any tree if the tree poses a hazard to life or safety.

TT. Amend Subparagraph 12.6.9.1.1 to replace “Christmas” with “Unless otherwise approved by the AHJ, Christmas”.

UU. Amend Paragraph 12.6.9.5 to add the following Subparagraph: 12.6.9.5.3 Combustible artificial decorative vegetation shall be tested by a laboratory recognized by the Office of the State Fire Marshal.

VV. Amend Subparagraph 12.6.9.6.1 to replace ½” (13 mm)” with “2 inches (50 millimeters)” and add the following sentence: “A natural cut tree shall not exceed 10 feet (3 meters) in height, excluding the tree stand.”

WW. Amend Section 13.1 to add the following Subsection: 13.1.14 Appearance of Equipment. The AHJ shall be permitted to prohibit any device that has the physical appearance of a life safety or fire protection function but does not perform that life safety or fire protection function.

XX. Amend Paragraph 13.1.3.1 to replace “by Chapters 11 through 43” with “by the AHJ and Chapters 11 through 43”.

YY. Amend Paragraph 13.1.3.2 to replace “by 9.3.5” with “by the AHJ, 9.3.5”.

ZZ. Amend Paragraph 13.3.1.2 to add the following Subparagraph: 13.3.1.2.1 For new ceiling installations, drop-out ceilings as referenced in NFPA 13, Subsection 9.3.11 and NFPA 13R, Section 6.15, shall be prohibited.

AAA. Amend Subparagraph 13.3.2.5.1 replace “The following assembly occupancies” with “The following assembly occupancies having an occupant load of 100 or more persons, or 5,000 or more square feet in area, or located on a floor other than the level of exit discharge”.

BBB. Delete Subparagraph 13.3.2.24.2 and replace with the following:

13.3.2.24.2* Existing high-rise buildings, other than those meeting 13.3.2.24.2.1 or 13.3.2.24.2.2, shall be protected throughout by an approved automatic sprinkler system in accordance with this chapter and 13.3.2.24.2.3 through 13.3.2.24.2.5.

13.3.2.24.2.1 An automatic sprinkler system shall not be required where every dwelling unit has exterior exit access in accordance with 14.10.3.

13.3.2.24.2.2 An automatic sprinkler system shall not be required in buildings that have a previously approved and implemented engineered life safety system complying with 13.3.2.24.2.2.1 and 13.3.2.24.2.2.2.

13.3.2.24.2.2.1 The engineered life safety system shall have been developed by a registered professional engineer experienced in fire and life safety system design, approved by the authority having jurisdiction, and inspected for compliance by the authority having jurisdiction, and shall include any or all of the following:

(1) Partial automatic sprinkler protection

(2) Smoke detection systems

(3) Smoke control systems

(4) Compartmentation

(5) Other approved systems

13.3.2.24.2.2.2 The engineered life safety system shall be maintained in accordance with the approved design documents and applicable standard.

13.3.2.24.2.3 Each building owner shall, within 180 days of receiving notice, file an intent to comply with this regulation with the AHJ for approval.

13.3.2.24.2.4 The AHJ shall review and respond to the intent-to-comply submittal within 60 days of receipt.

13.3.2.24.2.5* The entire building shall be required to be protected by an approved automatic sprinkler system within 12 years of the date of the original violation notice issued by the fire authority having jurisdiction.

13.3.2.24.2.6 Public Disclosure Signage. In high-rise buildings that are not protected throughout by an approved automatic sprinkler system, signage shall be posted complying with 13.3.2.24.2.6(A) through 13.3.2.24.2.6(D).

(A) Signage shall be posted at all main building entrances as approved by the AHJ.

(B) The lettering on the sign shall be at least 1 inch (25 millimeters) high.

(C) The lettering shall be placed on a contrasting background.

(D) The wording shall state as follows: “WARNING: THIS HIGH-RISE BUILDING IS NOT PROTECTED THROUGHOUT WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM”.

CCC. Amend A.13.3.2.24.2.3 to replace “A.13.3.2.24.2.3” with “A.13.3.2.24.2.5”.

DDD. Amend Subparagraph 13.3.2.25.5 to delete existing wording and replace with the following: An automatic sprinkler system shall be installed throughout all mini-storage building fire areas greater than 2500 feet2(232 meters2) and where any of the individual storage units are separated by less than a 1-hour fire resistance-rated barrier. Fire areas shall be defined by approved fire barriers having a fire resistance rating of not less than 3-hours.[5000:30.3.5.4]

EEE. Amend Sub-subparagraph 13.3.2.27.1.1 to add the following:

Automatic sprinkler protection is not required if all of the following conditions are met:

(1) The total number of occupants in the occupancy in which the day care center is located is not more than 300 persons.

(2) All rooms used for day care are located on the level of exit discharge;

(3) All rooms used for day care have at least one exterior exit door at grade level; and

(4) The occupancy in which the day care center is located does not exceed 12,000 sq. feet in area.

FFF. Amend Paragraphs 13.3.3.1 and 13.3.3.2 to delete “installed in accordance with this Code”.

GGG. Amend Subsection 13.4.1 to add the following Subparagraph: 13.4.1.1.1 No fire pump component, including the pump, driver, or controller, shall be permitted to be installed in below-ground vaults or pits unless otherwise approved by the AHJ.

HHH. Amend Subsection 13.6.1.2 to add “, unless otherwise permitted by the AHJ.”

III. Amend Sub-subparagraph 13.6.4.1.2.1 to replace “certified” with “licensed as required by the AHJ”.

JJJ. Delete Sub-subparagraphs 13.6.4.1.2.1.1, 13.6.4.1.2.1.2, 13.6.4.1.2.1.3, 13.6.4.1.2.1.4, 13.6.4.1.2.1.5, 13.6.4.1.2.1.6.

KKK. Amend Sub-subparagraph 13.6.4.1.2.3 to replace “certified” with “licensed”.

LLL. Amend Subparagraph 13.7.1.7.6 to add the following: This paragraph does not permit the omission of manual fire alarm boxes in accordance with other provisions of this Subsection unless specifically permitted by NFPA 101 Chapters 11 through 43.

MMM. Amend Subparagraph 13.7.1.15.1 to replace “another section of this Code” with “the AHJ and another section of this Code”.

NNN. Amend Sub-subparagraph 13.7.2.5.6.4 to add the following: For compliance with NFPA 101, Paragraph 43.7.2.1(2), approved battery-powered smoke alarms, rather than house electrical service-powered smoke alarms shall be permitted where the facility has testing, maintenance, and smoke alarm replacement programs that ensure reliability of power to the smoke alarms.

OOO. Amend Sub-subparagraph 13.7.2.6.6.5 to delete “existing” and replace “battery” with “smoke alarm”.

PPP. Amend Sub-subparagraph 13.7.2.22.8.1 to delete “13.7.2.22.8.2 and”.

QQQ. Delete Sub-subparagraph 13.7.2.22.8.2.

RRR. Amend Sub-subparagraphs 13.7.2.28.1.2 and 13.7.2.28.1.3 to replace “Storage occupancies” with “Storage occupancies less than three stories”.

SSS. Amend Paragraph 14.4.2.1 to add the following subparagraph:

14.4.2.1.1 Trash or recyclable materials awaiting scheduled collection shall not be placed in exits, exit access corridors, or on egress balconies.

TTT. Amend Subparagraphs 14.5.2.3.7 and 14.5.2.3.8 to add the following sentence: “The locking device shall be of a type that is readily distinguishable as locked.”

UUU. Amend Subparagraph 14.5.3.4.1 to replace “in Chapters 11 through 43” with “by the AHJ and in Chapters 11 through 43”.

VVV. Amend Subparagraph 14.5.3.5.1 to delete “required to be”.

WWW. Amend Subparagraph 14.5.3.5.4 to delete the word “Required”.

XXX. Amend Subsection 14.5.8 to delete “14.5.8.1 or”.

YYY. Delete Paragraph 14.5.8.1.

ZZZ. Amend Paragraph 14.5.10.1 to replace “by Chapters 11 through 43” with “by the AHJ or Chapters 11 through 43”.

AAAA. Amend Paragraph 14.13.1.2 to replace “only” in the first sentence with “, but not be limited to,”.

BBBB. Amend Subparagraph 18.2.3.2.1 to replace “exterior door” with “exterior door acceptable to the AHJ”.

CCCC. Amend Paragraph 18.2.3.4 to replace the word “shall” with “to” and replace the word “newly” with “the AHJ shall be permitted to require newly”.

DDDD. Amend Subparagraph 20.1.5.8.3 to replace “prior” to “within 10 minutes prior”.

EEEE. Amend Subparagraph 20.2.4.2.3 to delete existing wording and replace with the following: Fire emergency egress drills shall be conducted as follows:

(1) Not less than one fire emergency egress drill shall be conducted every month the facility is in session, unless the following criteria are met:

(a) In climates where the weather is severe, the monthly fire emergency egress drills shall be permitted to be deferred; and

(b) In educational occupancies which are:

(i) Fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills shall be five, with a least two of the required drills conducted in the first four months of the school year; or

(ii) Not fully protected by an automatic sprinkler system, the total number of annual fire emergency egress drills shall be eight, with at least three of the required drills conducted in the first four months of the school year.

(2) All occupants of the building shall participate in the fire emergency egress drill.

(3) One fire emergency egress drill, other than for educational occupancies that are open on a year-round basis, shall be required within the first 30 days of operation.

FFFF. Amend Subparagraph 20.3.4.1.1 and 20.3.4.1.2 to delete “more than 3, but” and the “,” after “12”.

GGGG. Amend Paragraph 25.2.2.1 to add “or other approved testing standard approved by the State Fire Marshal”.

HHHH. Amend Subsection 26.1.6 to add the following Paragraphs:

26.1.6.2 When requested by the AHJ, a hazard assessment shall be conducted by a technically qualified person acceptable to the AHJ.

26.1.6.3 When requested by the AHJ, a list of hazardous materials used in each laboratory shall be provided. The list shall specify the chemical name, quantity and hazard class.

26.1.6.4 New laboratories or laboratories where the NFPA 45 laboratory hazard classification changes shall post an information placard near the main entrance to the laboratory. The placard shall state the building name or address, room number, NFPA 45 laboratory hazard classification, edition of NFPA 45, maximum allowable quantities of flammable liquids both inside a storage cabinet and open use, and maximum quantities of flammable gases permitted within the laboratory.

IIII. Amend Paragraph 32.9.3.7 to replace “made” with “made within 10 minutes prior to the start of each program”.

JJJJ. Amend 34.1.3 to replace “An approved storage” with “Where required by the AHJ, an approved storage”.

KKKK. Amend Section 34.6 to add the following new Subsection and Paragraphs:

34.6.7 Standpipe systems shall be installed in all storage buildings having an area of 300,000 square feet or more.

34.6.7.1 Standpipe systems shall comply with Section 13.2 and NFPA 14.

34.6.7.2 Class I hose connections shall be provided at each of the following locations:

(1) In each exit passageway at the entrance from the storage area into the passageway;

(2) Within every required exit stairwell;

(3) At other locations such that all points of the storage area floor are within 200 feet. of a hose connection, unless otherwise required by the AHJ.

LLLL. Delete Chapter 35 Animal Housing Facilities.

MMMM. Amend Subsection 42.7.5 to add the following Paragraphs:

42.7.5.7 Management/owner officials or employees shall conduct daily site visits to ensure that all equipment is operating properly.

42.7.5.8 Regular equipment inspection and maintenance at the unattended self-service facility shall be conducted.

42.7.5.9 Fuel dispensing equipment shall comply with one of the following:

(1) The amount of fuel being dispensed is limited in quantity by preprogrammed card; or

(2) Dispensing devices shall be programmed or set to limit uninterrupted fuel delivery of not more than 25 gallons and shall require a manual action to resume continued delivery.

NNNN. Amend Paragraph 42.7.5.5 to add the following: The following information shall be conspicuously posted in this area:

(1) The exact address of the unattended self-service facility.

(2) The telephone number of the owner or operator of the unattended self-service facility.

OOOO. Amend Subsection 50.8.1 to add the following Paragraphs, Subparagraphs, and Sub-subparagraphs:

50.8.1.7 Commercial Outdoor Cooking Operations. These requirements apply to commercial outdoor cooking operations such as those that typically take place under a canopy or tent-type structure at fairs, festivals, and carnivals. This includes, but is not limited to, deep frying, sauteing, and grilling operations.

50.8.1.7.1 LP Gas Fuel Requirements.

50.8.1.7.1.1 LP gas tank size shall be limited to 60 pounds. The total amount of LP gas on site shall not exceed 60 pounds for each appliance that is rated not more than 80,000 btu/hour and 120 pounds for each appliance rated more than 80,000 btu/hour.

50.8.1.7.1.2 Tanks shall be maintained in good physical condition and shall have a valid hydrostatic date stamp.

50.8.1.7.1.3 Tanks shall be secured in their upright position with a chain, strap, or other approved method that prevents the tank from tipping over.

50.8.1.7.1.4 Tanks shall be located so that they are not accessible to the public. LP gas tanks shall be located at least 5 feet from any cooking or heating equipment or any open flame device.

50.8.1.7.1.5 All LP gas equipment shall be properly maintained and comply with the requirements of NFPA 58.

50.8.1.7.1.6 Regulators. Single-stage regulators may not supply equipment that is rated more than 100,000 btu/hour rating. Two-stage regulators shall be used with equipment that is rated more than 100,000 btu/hour.

50.8.1.7.2 General Safety Requirements.

50.8.1.7.2.1 All electrical cords shall be maintained in a safe condition and shall be secured to prevent damage.

50.8.1.7.2.2 Movable cooking equipment shall have wheels removed or shall be placed on blocks or otherwise secured to prevent movement of the appliance during operation.

50.8.1.7.2.3 Portable fire extinguishers shall be provided in accordance with Section 13.6, and shall be specifically listed for such use.

50.8.1.8 There shall be no obstructions or impediments to immediate escape from vehicles or other mobile units used for cooking operations.

50.8.1.9 Seating for the public shall not be located within any mobile or temporary cooking vehicle .

PPPP. Delete Subsection 50.8.3 and replace with the following:

50.8.3 Tent and Canopy Requirements

50.8.3.1 Temporary cooking operations conducted in tents and under canopies shall comply with NFPA 102 and Chapter 25.

50.8.3.2 All tent and canopy material shall comply with the flame resistance requirements of Section 25.2.2.

50.8.3.3 Tents or canopies where cooking equipment not protected in accordance with NFPA 96 is located shall not be occupied by the public.

50.8.3.4 Tents or canopies where cooking equipment not protected in accordance with NFPA 96 is located shall be separated from other tents, canopies, structures, or vehicles by a minimum of 10 feet (3050 millimeters) unless otherwise approved by the AHJ.

QQQQ. Amend Subparagraph 50.8.8.3.2 to replace “not be transported or stored inside the vehicle” with “be secured in an upright position during transport and storage”.

Cross References

11.03.01.01-1B(1)

29.06.01.09

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.09 Fireworks and Explosive Materials.

The NFPA 1 Fire Code (2024 Edition) is incorporated by reference, except for the amendments in Regulation .08 of this chapter and the following amendments:

A. Permits shall be required for the following:

(1) Fireworks displays;

(2) Pyrotechnics before a proximate audience; and

(3) Flame effects before an audience.

B. Amend Sections 65.2, 65.3, and 65.4 to add the following:

(1) All applications for permits for display shall be filed at least 10 business days before the display is to be held.

(2) Under Public Safety Article, Title 10, Annotated Code of Maryland, the following requirements apply to public liability and property damage insurance:

(a) In order to meet the requirement of the statute, the State shall be named as an insured in the contract of insurance;

(b) Because the policy shall cover all damages to persons or property, a deductible form of coverage may not be accepted;

(c) The minimum amount of coverage that the State can accept on any display is $25,000 for the injury of one person, $50,000 for more than one person, and $10,000 for property damage; and

(d) A duplicate policy of a certificate of insurance shall be attached to the application.

(3) The policy or certificate shall provide that:

(a) The coverage may not be canceled without at least 30 days notice to the State Fire Marshal;

(b) The duplicate policy or certificate shall set forth all of the terms, conditions, endorsements, and riders which are or which will become part of the policy when issued;

(c) It is understood and agreed that limitations cannot be included in the policy which are not set forth in the duplicate policy or certificate of insurance which has been filed;

(d) If the policy is issued by an insurer authorized to do business in the State, it shall be validated by the signature of an agent licensed by the Maryland Insurance Administration to represent the insurer;

(e) If coverage is provided by an insurer who is not authorized to do business in the State, the duplicate policy or certificate of insurance shall be accompanied by a power of attorney or other satisfactory evidence that the person, firm, or corporation acting as agent in accepting the risk has authority to bind risks and issue policies for the insurer;

(f) The State Fire Marshal's Office specifically reserves the right to disapprove contracts issued by any authorized insurer if the Fire Marshal's Office determines the insurer is unsatisfactory; and

(g) If the policy issued by the unauthorized company is acceptable to the Fire Marshal's Office, it shall be registered and the registration fee and tax paid.

C. Amend Section 65.5 to add the following regarding the manufacture of fireworks:

(1) A building containing hazardous mixes or items may not be located closer than 20 feet to the property line.

(2) In §C(3) of this regulation, the following terms have the meanings indicated:

(a) “Trainees” means employees undergoing initial training in a specific process for a period not to exceed 24 consecutive work hours.

(b) “Transients” means:

(i) Supervisors not regularly assigned to the area;

(ii) Bona fide government agency personnel engaged in official business; and

(iii) Material-handling personnel actively engaged in the transfer of materials into or out of the area.

(3) The maximum number of workers, excluding one trainee and three transients, permitted in a building at one time shall be limited to one person per 100 square feet gross floor area or one person in buildings of less than 100 square feet gross floor area.

(4) The total amount of explosives or pyrotechnic composition including raw materials, material being processed, and finished products, that may be safely permitted in any building at a given time, shall be determined by the enforcement agency based upon the American Table of Distances for Storage of Explosives, without recognition for barricades. However, distances may not be less than those required by Public Safety Article, §10-204(a), Annotated Code of Maryland. The amount of explosives or other pyrotechnic composition may not exceed the amount necessary for production for 4 hours.

(5) Before beginning work, all fireworks plants shall submit for approval accurate scale plot plans of their premises to the State Fire Marshal of all proposed changes of location of any of the structures, fences, and gates.

D. Amend Section 65.5 to add the following Subsection:

65.5.3 Sale or use of fireworks shall comply with the following:

(1) Before the sale, offering for sale, or use within the State, of any sparkler, every manufacturer of sparklers shall submit sufficient samples for inspection to the State Fire Marshal, with a laboratory report from a certified testing laboratory affirming that the analysis of these sparklers showed that they contain no chlorates or perchlorates.

(2) All sparklers sold in the State shall be sold in boxes, and each box shall be clearly marked that the sparklers contain no chlorates or perchlorates.

(3) The manufacturer shall furnish the State Fire Marshal with a current list of wholesalers, jobbers, retailers, or retail outlets, who handle or supply sparklers, or maintain a list of wholesalers, jobbers, retailers, or retail outlets, subject to inspection by the State Fire Marshal.

E. Amend Subsection 65.9.1 reference to NFPA 495 as follows:

(1) Amend Section 3.3 to add the following definition: Demolition. The explosive razing of any manmade structure or any part thereof that cannot be covered with overburden or blasting mats.

(2) Amend Section 4.4 to add the following new Subsection: 4.4.7 Each applicant for a Demolition Class D permit shall possess 5 years of experience in the field of demolition and shall pass the demolition examination as approved by the Office of the State Fire Marshal.

F. NOTE: The content of this regulation is extracted text from NFPA 1, 2012 edition, by permission. Copyright © 2012 NFPA.

Amend Chapter 65 to add the following:

65.10 Sale, Handling, and Storage of Consumer Fireworks.

65.10.1 Applicability.

65.10.1.1 General Requirements. Retail sales of consumer fireworks in both new and existing buildings, structures, and facilities shall comply with the requirements of this section unless otherwise indicated.

65.10.1.1.1 New Facilities.

65.10.1.1.1.1 For the purpose of applying the requirements of this section, the following consumer fireworks retail sales (CFRS) facilities and stores shall be considered to be new:

(1) Permanent CFRS facilities and stores that are not initially occupied until after the effective date of this Code, unless plans are submitted and accepted for review, plans have been approved for construction, or a building permit has been issued prior to the effective date of this Code;

(2) Permanent CFRS facilities and stores constructed prior to the effective date of this Code and in which the retail sales of consumer fireworks have not been conducted either seasonally or year-round within one year prior to the effective date of this Code; or

(3) Temporary CFRS facilities and stores.

65.10.1.1.1.2 In a store where the area of the retail sales floor occupied by the retail displays of consumer fireworks is increased after the effective date of this Code, such that the area exceeds the limits specified in 65.10.5.1.1(1), the building shall be considered to be a new CFRS facility.

65.10.1.1.2 Existing Facilities. For the purpose of applying the requirements of Section 65.10, CFRS facilities and stores not considered to be new as specified in 65.10.1.1.1 shall be considered to be existing.

65.10.1.1.3 Minimum Requirements. Existing life safety features that do not meet the requirements for new buildings but that exceed the requirements for existing buildings shall not be further diminished.

65.10.1.1.4 Modernization or Renovation. Any alteration or any installation of new equipment shall meet, as nearly as practicable, the requirements for new construction.

65.10.1.1.4.1 Only the altered, renovated, or modernized portion of an existing building, system, or individual component shall be required to meet the provisions of this Code that are applicable to new construction.

65.10.1.1.4.2 If the alteration, renovation, or modernization adversely impacts required life safety features, additional upgrading shall be required.

65.10.1.1.4.3 Except where another provision of this Code exempts a previously approved feature from a requirement, the resulting feature shall be not less than that required for existing buildings.

65.10.1.2 Facility Classification. The requirements of this section shall apply to the following:

(1) Permanent buildings and structures, including the following:

(a) Stores; and

(b) CFRS facilities.

(2) Temporary facilities, including the following:

(a) CFRS stands;

(b) Tents;

(c) Canopies; or

(d) Membrane structures.

65.10.2 Special Limits for Retail Sales of Consumer Fireworks.

65.10.2.1 Retail sales of consumer fireworks, including their related storage and display for sale of such fireworks, shall be in accordance with this Code.

65.10.2.2 Retail sales of consumer fireworks shall be limited to mercantile occupancies defined in 3.3.183.17 and NFPA 101.

65.10.2.3 Any building or structure used for the retail sales of consumer fireworks, including their related storage, shall comply with Section 20.12 and NFPA 101 for mercantile occupancies, except as provided in this Code.

65.10.2.4 Retail sales of display fireworks and pyrotechnic articles, including the related storage and display for sale of such fireworks and articles, shall be prohibited at a CFRS facility or store.

65.10.2.5 Retail sales of certain explosive devices prohibited by the Child Safety Act of 1966, including the related storage and display for sale of such devices, shall be prohibited at a CFRS facility or store.

65.10.2.6 The retail sales of pest control devices, including their related storage and display for sale, shall be prohibited at a CFRS facility or store.

65.10.2.7 The retail sales of fireworks that do not comply with the regulations of the U.S. Consumer Product Safety Commission as set forth in 16 CFR 1500 and 1507 and the regulations of the U.S. Department of Transportation as set forth in 49 CFR 100 to 178, including their related storage and display for sale, shall be prohibited.

65.10.3 General Requirements for All Retail Sales.

65.10.3.1 Exempt Amounts.

65.10.3.1.1 The requirements of this section shall not apply to CFRS facilities or stores where the consumer fireworks are in packages and where the total quantity of consumer fireworks on hand does not exceed 125 pounds (net) (56.8 kilograms) of pyrotechnic composition or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with Section 13.3 and NFPA 13, 250 pounds (net) (113.6 kilograms) of pyrotechnic composition.

65.10.3.1.2 Where the actual weight of the pyrotechnic composition of consumer fireworks is not known, 25 percent of the gross weight of the consumer fireworks, including packaging, shall be permitted to be used to determine the weight of the pyrotechnic composition.

65.10.3.2 Permits. Where required by state or local laws, ordinances, or regulations, a permit for the following shall be obtained:

(1) Construction, erection, or operation of the following:

(a) Permanent building or structure; or

(b) Temporary structure such as a stand, tent, or canopy used for the purpose of the retail display or sale of consumer fireworks to the public; and

(2) Storage of consumer fireworks in connection with the retail display or sale of consumer fireworks to the public.

65.10.3.3 Plans. Plans for facilities other than stands and tents shall include the following:

(1) Minimum distances from the following:

(a) Public ways;

(b) Buildings;

(c) Other CFRS facilities;

(d) Motor vehicle fuel–dispensing station dispensers;

(e) Retail propane-dispensing station dispensers;

(f) Flammable and combustible liquid aboveground tank storage; and

(g) Flammable gas and flammable liquefied gas bulk aboveground storage and dispensing areas within 300 feet (91.5 meters) of the facility used for the retail sales of consumer fireworks;

(2) Vehicle access and parking areas;

(3) Location and type of portable fire extinguishers;

(4) Floor plan and layout of storage and displays to indicate compliance with this chapter and applicable state or local laws, ordinances, or regulations;

(5) Means of egress; and

(6) Construction details.

65.10.3.4 Fire Department Access. Any portion of an exterior wall of a building, sidewall of a tent, or other defined perimeter of a CFRS facility or store shall be accessible within 150 feet (45.7 meters) of a public way or an approved fire apparatus access.

65.10.3.5 Construction of Buildings and Structures. Consumer fireworks shall only be permitted to be sold at retail in any of the following buildings or structures, provided that any new building or structure does not exceed one story in height:

(1) Permanent buildings or structures constructed in accordance with the building code enforced by the AHJ;

(2) Tents, canopies, or temporary membrane structures complying with NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures;

(3) Temporary structures constructed in accordance with this chapter;

(4) Temporary CFRS stands greater than 800 square feet (74 square meters) in area that also meet the requirements for a permanent structure; or

(5) Vehicles, such as vans, buses, trailers, recreational vehicles, motor homes, travel trailers, trucks, and automobiles, complying with the applicable requirements for CFRS stands.

65.10.3.6 An automatic sprinkler system designed and installed in accordance with Section 13.3 and NFPA 13 shall be provided throughout permanent CFRS facilities and stores in which CFRS are conducted in the following buildings:

(1) New buildings greater than 6,000 square feet (557.2 square meters) in area; or

(2) Existing buildings greater than 7,500 square feet (694 square meters) in area.

65.10.3.6.1 Door and window openings in the fire barrier wall shall be protected by self-closing fire doors or fixed fire windows having a fire protection rating of not less than one hour and shall be installed in accordance with Section 12.4 and NFPA 80, Standard for Fire Doors and Other Opening Protectives.

65.10.3.6.2 Any other openings or penetrations in the fire barrier wall shall be protected in accordance with NFPA 101.

65.10.3.6.3 Every CFRS facility and store shall have no fewer than two portable fire extinguishers with a minimum rating of 2A, at least one of which shall be of the pressurized water type.

65.10.3.7 Storage Rooms. Storage rooms containing consumer fireworks in a new permanent CFRS facility or store shall be protected with an automatic sprinkler system installed in accordance with Section 13.3 and NFPA 13 or separated from the retail sales area by a fire barrier having a fire resistance rating of not less than one hour.

65.10.3.8 Portable Fire Extinguishers.

65.10.3.8.1 Specification. Portable fire extinguishers shall be provided as required for extra (high) hazard occupancy in accordance with Section 13.6 and NFPA 10.

65.10.3.8.2 Extinguisher Type. Where more than one portable fire extinguisher is required, at least one fire extinguisher shall be of the multipurpose dry chemical type if the facility is provided with electrical power.

65.10.3.8.3 Location. Portable fire extinguishers for permanent consumer fireworks retail sales facilities and stores shall be located so that the maximum distance of travel required to reach an extinguisher from any point does not exceed 75 feet (23 meters), as specified in NFPA 10.

65.10.3.9 Fire Alarms. A fire alarm system shall be provided as required by Section 13.7 and NFPA 101.

65.10.3.10 Smoke Control.

65.10.3.10.1 Smoke and heat vents designed and installed in accordance with NFPA 204, Standard for Smoke and Heat Venting, shall be provided in the CFRS area of new permanent CFRS facilities or stores where the ceiling height is less than 10 feet (3.05 meters) and the travel distance to reach an exit is greater than 25 feet (7.6 meters).

65.10.3.10.2 The smoke and heat vents required by 65.10.3.10.1 shall be automatically activated by a smoke detection system installed throughout the CFRS area in accordance with NFPA 72.

65.10.3.11 No Smoking Signs.

65.10.3.11.1 Smoking shall not be permitted inside or within 50 feet (15.5 meters) of the CFRS area.

65.10.3.11.2 At least one sign that reads as follows, in letters at least two inches (51 millimeters) high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet (3.05meters) of every aisle directly serving the CFRS area in a store: “FIREWORKS — NO SMOKING”

65.10.3.12 Distance from Bulk Dispensing and Bulk Storage.

65.10.3.12.1 CFRS facilities and stores shall not be located within 50 feet (15.2 meters) of the following:

(1) Retail propane-dispensing station dispensers;

(2) Aboveground storage tanks for flammable or combustible liquid, flammable gas, or flammable liquefied gas; or

(3) Compressed natural gas–dispensing station dispensers.

65.10.3.12.2 New CFRS facilities and stores, existing CFRS stands and tents, and temporary CFRS facilities shall not be located within 50 feet (15.2 meters) of motor vehicle fuel–dispensing station dispensers.

65.10.3.12.3 Existing CFRS facilities, other than CFRS stands, tents, and temporary facilities, and existing stores shall not be located within 25 feet (7.6 meters) of motor vehicle fuel–dispensing station dispensers.

65.10.3.12.4 Fuel tanks on vehicles or other motorized equipment shall not be considered bulk storage.

65.10.3.12.5 Fuel storage for generators shall be in accordance with 65.10.4.9.2.

65.10.3.12.6 CFRS areas and storage areas shall not be located within 300 feet (91.2 meters) of any aboveground bulk storage or bulk dispensing area for the following:

(1) Flammable or combustible liquid;

(2) Flammable gas; or

(3) Flammable liquefied gas.

65.10.3.13 Fire Safety and Evacuation Plan. For a CFRS facility or store, an approved fire safety and evacuation plan shall be prepared in writing and maintained current.

65.10.3.14 Means of Egress.

65.10.3.14.1 Number of Exits.

65.10.3.14.1.1 The minimum number of exits provided from the retail sales area shall be not less than three or as determined in accordance with Chapter 14 and NFPA 101, whichever number is greater.

65.10.3.14.1.2 Required means of egress from the retail sales area shall not be allowed to pass through storage rooms.

65.10.3.14.2 Egress Travel Distance. Exits provided for the retail sales area of tents, membrane structures, canopies, and permanent CFRS facilities, including Class C stores, shall be located so that the maximum egress travel distance, measured from the most remote point to an exit along the natural and unobstructed path of egress travel, does not exceed 75 feet (22.9 meters).

65.10.3.14.3 Aisles. Aisles serving as a portion of the exit access in CFRS areas shall comply with this paragraph.

65.10.3.14.3.1 Aisle Width.

65.10.3.14.3.1.1 Aisles shall have a minimum clear width of 48 inches (1.2 meters).

65.10.3.14.3.1.2 The required width of aisles shall be maintained unobstructed at all times the facility is occupied by the public.

65.10.3.14.3.2 Aisle Arrangements.

65.10.3.14.3.2.1 Not less than one aisle shall be provided and arranged so that travel along the aisle leads directly to an exit.

65.10.3.14.3.2.2 Other required exits shall be located at, or within 10 feet (3.05 meters) of, the end of an aisle or a cross-aisle.

65.10.3.14.3.2.3 Aisles shall terminate at an exit, another aisle, or a cross-aisle.

65.10.3.14.3.2.4 Dead-end aisles shall be prohibited.

65.10.3.14.3.2.5 Where more than one aisle is provided, not less than one cross-aisle shall have an unobstructed connection with every aisle, other than cross-aisles.

65.10.3.14.3.2.6 Cross-aisle connections shall be provided for each aisle at intervals not greater than 50 feet (15.2 meters) as measured along the aisle.

65.10.3.14.3.2.7 Where cross-aisles are required, not less than one cross-aisle shall have at least one end terminate at, or within 10 feet (3.05 meters) of, an exit.

65.10.3.14.4 Doors and Doorways. Doors and doorways used in the means of egress shall comply with this paragraph.

65.10.3.14.4.1 Egress doors shall be not less than 36 inches (910 millimeters) in width (providing a minimum of 32 inches (813 millimeters) clear width).

65.10.3.14.4.2 Every egress door that has a latching device shall be provided with panic hardware complying with Chapter 14 and NFPA 101.

65.10.3.14.4.3 Means of egress doors shall be of the sidehinge swinging type and shall be arranged to swing in the direction of egress travel.

65.10.3.14.5 Exit Signs.

65.10.3.14.5.1 Exits shall be marked by an approved exit sign in accordance with Section 14.14 and NFPA 101.

65.10.3.14.5.2 Exit signs shall be required to be self-luminous or internally or externally illuminated.

65.10.3.14.6 Emergency Lighting.

65.10.3.14.6.1 The means of egress, including the exit discharge, shall be illuminated whenever the facility is occupied in accordance with Section 14.12 and NFPA 101.

65.10.3.14.6.2 Emergency lighting shall be provided for CFRS facilities and stores and shall comply with Section 14.13 and NFPA 101.

65.10.3.15 Retail Sales Displays.

65.10.3.15.1 General. The requirements of this section shall apply only to CFRS areas, unless otherwise specifically indicated.

65.10.3.15.2 Height of Sales Displays. To provide for visual access of the retail sales area by the employees and customers, partitions, counters, shelving, cases, and similar space dividers shall not exceed six feet (1.8 meters) in height above the floor surface inside the perimeter of the retail sales area.

65.10.3.15.2.1 Merchandise on display or located on shelves or counters or other fixtures shall not be displayed to a height greater than six feet (1.8 meters) above the floor surface within the CFRS area.

65.10.3.15.2.2 Where located along the perimeter of the consumer fireworks retail sales area, the maximum height of sales displays shall be limited to 12 feet (3.66 meters).

65.10.3.15.3 Flame Breaks.

65.10.3.15.3.1 Where continuous displays of consumer fireworks are located on shelving, cases, counters, and similar display fixtures, a flame break shall be provided so that the maximum distance between flame breaks does not exceed 16 feet (4.9 meters) where measured along the length of the display.

65.10.3.15.3.2 The flame break shall extend as follows:

(1) From the display surface to not less than six inches (150 millimeters) above the full height of the displayed merchandise or to the underside of the display surface directly above; and

(2) For the full depth of the displayed merchandise.

65.10.3.15.3.3 Where packaged fireworks merchandise is displayed on the same level as individual unpackaged fireworks devices, the flame break required in 65.10.3.15.3.1 shall not be required where both of the following criteria are met:

(1) The length of the display level containing individual unpackaged fireworks devices is interrupted by packaged fireworks merchandise, or open space, or any combination thereof, having a continuous length of not less than eight feet (2.4 meters); and

(2) The distance between flame breaks does not exceed 32 feet (9.8 meters).

65.10.3.15.3.4 Where a merchandise display level contains packaged fireworks merchandise, such merchandise shall be permitted to be displayed in a continuous length on the same level, where the display does not exceed 32 feet (9.8 meters) without the flame break required in 65.10.3.15.3.1.

65.10.3.15.3.5 An aisle having a minimum width of 48 inches (1.2 meters) shall be permitted to substitute for the flame break required in 65.10.3.15.3.1.

65.10.3.15.3.6 Where displays of merchandise face aisles that run along both long sides of the display fixtures or display surface, a flame break shall be installed lengthwise between the abutting display fixtures or along the approximate longitudinal centerline of the display surface so as to separate the merchandise facing one of the aisles from the merchandise that abuts it facing the other aisle.

65.10.3.15.3.7 Freestanding display racks, pallets, tables, or bins containing packaged fireworks merchandise shall be permitted without flame breaks, provided the dimensions of the area occupied by the fireworks merchandise do not exceed four feet (1.2 meters) in width, eight feet (2.4 meters) in length, and six feet (1.8 meters) in height, and the displayed fireworks merchandise is separated from other displays of merchandise by aisles having a minimum clear width of four feet (1.2 meters).

65.10.3.15.3.8 Where both of the facing vertical surfaces of the abutting display fixtures are constructed of perforated hardboard panels not less than ¼ inch (6 millimeters) thick that are separated from each other by an open space not less than 1½ inches (38 millimeters) wide, a flame break specified in 65.10.3.15.3.6 shall not be required.

65.10.3.15.4 Shelving.

65.10.3.15.4.1 Shelving or other surfaces used to support fireworks display merchandise shall be permitted to have not more than 10 percent of the area of the shelf contain holes or other openings.

65.10.3.15.4.2 The 10 percent limitation on the area of holes or other openings in the shelf used to support fireworks display merchandise shall not be applicable under the following conditions:

(1) Where both of the facing vertical surfaces of the abutting display fixtures are constructed of perforated hardboard panels not less than ¼ inch (6 millimeters) thick and separated from each other by an open space not less than 1½ inches (38 millimeters) wide; or

(2) Where such merchandise is suspended from or fastened to the shelf or surface or is displayed as packaged merchandise on the surface or in bins.

65.10.3.15.4.3 Flame breaks and solid display surfaces shall not be required for packaged fireworks merchandise displayed in bins or display racks or on pallets or tables located at the end of a row of display fixtures where the following conditions are met:

(1) Such end displays are separated from the ends of the display fixtures by an open space not less than three inches (76 millimeters) wide;

(2) The fireworks merchandise occupies an area having dimensions not greater than the width of the end of the row of display fixtures and a depth not greater than 36 inches (910 millimeters); and

(3) The minimum required widths of the adjacent aisles are maintained, but in no case is the aisle width less than 48 inches (1.2 meters).

65.10.3.15.5 Covered Fuses.

65.10.3.15.5.1 Only consumer fireworks meeting the criteria for covered fuses as described in 65.10.3.15.5.2 shall be permitted where the retail sales of consumer fireworks are conducted.

65.10.3.15.5.2 A consumer fireworks device shall be considered as having a covered fuse if the fireworks device is contained within a packaged arrangement, container, or wrapper that is arranged and configured such that the fuse of the fireworks device cannot be touched directly by a person handling the fireworks without the person having to puncture or tear the packaging or wrapper, unseal or break open a package or container, or otherwise damage or destroy the packaging material, wrapping, or container within which the fireworks are contained.

65.10.3.15.6 Reserved.

65.10.3.15.7 Horizontal Barriers. Combustible materials and merchandise shall not be stored directly above the consumer fireworks in retail sales displays unless a horizontal barrier constructed of plywood at least 3/8 inch (9.5 millimeters) thick is installed directly above the consumer fireworks as follows:

(1) Barriers shall extend from rack face to rack face and shall be tight to the vertical barriers;

(2) Barriers shall be supported by horizontal rack members;

(3) Transverse vertical barriers constructed of plywood at least 3/8 inch (9.5 millimeters) thick shall be provided at the rack uprights extending from rack face to rack face; and

(4) For double-row racks, longitudinal vertical barriers constructed of plywood at least 3/8 inch (9.5 millimeters) thick shall be provided at the rack uprights in the center of the rack.

65.10.3.16 Electrical Equipment. All electrical wiring shall be in accordance with NFPA 70.

65.10.3.17 Heating Equipment.

65.10.3.17.1 Heating units shall be listed and shall be used in accordance with their listing.

65.10.3.17.2 Temporary heating sources shall have tip-over and temperature-overheat protection.

65.10.3.17.3 Open-flame and exposed-element heating devices shall be prohibited.

65.10.3.18 Portable Generators.

65.10.3.18.1 Class II and Class III combustible liquid generator fuel shall be limited to not more than five gallons (18.9 liters).

65.10.3.18.2 Portable generators shall be permitted to use Class I flammable liquids as fuel, provided the quantity of such fuel is limited to two gallons (7.6 liters).

65.10.3.19 Operations.

65.10.3.19.1 General. Means of egress, including but not limited to aisles, doors, and exit discharge, shall be clear at all times when the facility or the building is occupied.

65.10.3.19.2 Distances from Entrances and Exits.

65.10.3.19.2.1 No consumer fireworks shall be displayed for sale or stored within five feet (1.5 meters) of any public entrance in an enclosed building or structure.

65.10.3.19.2.2 No consumer fireworks shall be displayed for sale or stored within two feet (0.6 meters) of any exit or private entrance in an enclosed building or structure.

65.10.3.19.3 Security.

65.10.3.19.3.1 CFRS facilities and stores shall be secured when unoccupied and not open for business, unless fireworks are not kept in the facility during such times.

65.10.3.19.3.2 The fireworks displayed or stored in a CFRS facility or store shall be allowed to be removed and transferred to a temporary storage structure or location.

65.10.3.19.4 Fireworks shall not be ignited, discharged, or otherwise used within 300 feet (91.5 meters) of a CFRS facility or store.

65.10.3.20 Display and Handling. Not less than 50 percent of the available floor area within the retail sales area shall be open space that is unoccupied by retail displays and used only for aisles and cross-aisles.

65.10.3.21 Housekeeping.

65.10.3.21.1 CFRS areas and storage rooms shall be kept free of accumulations of debris and rubbish.

65.10.3.21.2 Any loose pyrotechnic composition shall be removed immediately.

65.10.3.21.3 Vacuum cleaners or other mechanical cleaning devices shall not be used. 65.10.3.21.4 Brooms, brushes, and dustpans used to sweep up any loose powder or dust shall be made of nonsparking materials.

65.10.3.21.5 Consumer fireworks devices that are damaged shall be removed and not offered for sale.

65.10.3.21.6 Damaged consumer fireworks shall be permitted to be returned to the dealer or shall be disposed of according to the manufacturer’s instructions.

65.10.3.22 Training. All personnel handling consumer fireworks shall receive safety training related to the performance of their duties.

65.10.3.23 Under the Influence. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person who is obviously under the influence of alcohol or drugs.

65.10.3.24 Records.

65.10.3.24.1 Records shall be maintained on available inventory on the premise.

65.10.3.24.2 Records shall be made available to the AHJ upon request.

65.10.4 Consumer Fireworks Retail Sales (CFRS) Facility Requirements.

65.10.4.1 Plan. Where required, plans for CFRS facilities shall be submitted to the AHJ with the permit application.

65.10.4.2 Site Plan. The site plan for tents shall show the location of the tent on the site and indicate the minimum separation distances required by 65.10.4.7.

65.10.4.3 Construction Materials. The following construction materials requirements shall apply to new permanent CFRS facilities in jurisdictions that have not adopted a local building code:

(1) Buildings having an area up to and including 8,000 square feet (743 square meters) shall be permitted to be constructed of any approved construction materials; or

(2) Buildings having an area greater than 8,000 square feet (743 square meters) shall be constructed in accordance with one of the following:

(a) Buildings shall be constructed of noncombustible or limited-combustible materials; or

(b) Buildings with exterior walls having a fire resistance rating of not less than two hours shall be permitted to have the roof decking and its supporting structure and interior partitions constructed of combustible materials; and

(3) Roof coverings for any building shall have a minimum rating of Class C.

65.10.4.4 Multiple-Tenant Buildings.

65.10.4.4.1 Where new CFRS facilities are located in a building containing other tenants, the CFRS facility shall be separated from the other tenants by fire barriers having no openings and a fire resistance rating of not less than two hours.

65.10.4.4.2 Where the new CFRS facility is protected per Section 13.3 and NFPA 13, the fire resistance rating of the fire barrier required by 65.10.4.4.1 shall be permitted to be not less than one hour.

65.10.4.4.3 Any penetrations of the fire barrier shall be protected in accordance with NFPA 101. 65.10.4.5 Fire Protection.

65.10.4.5.1 Automatic Sprinkler System Alarm. Any waterflow alarm device shall be arranged to activate audible and visual alarms throughout the CFRS facility in accordance with Section 13.7 and NFPA 72.

65.10.4.5.2 Portable Fire Extinguishers. Portable fire extinguishers for temporary CFRS facilities shall be installed and located so that the maximum distance of travel required to reach an extinguisher from any point does not exceed 35 feet (10.6 meters).

65.10.4.5.3 Public Notification. In permanent CFRS facilities greater than 3,000 square feet (278.6 square meters) in area, a public address system or a means for manually activating audible and visible alarm indicating devices located throughout the facility in accordance with Section 13.7 and NFPA 72 shall be provided at a constantly attended location when the CFRS facility is occupied.

65.10.4.6 Site Requirements.

65.10.4.6.1 Clearance to Combustibles. The area located within 30 feet (9 meters) of a CFRS facility shall be kept free of accumulated dry grass, dry brush, and combustible debris.

65.10.4.6.2 Parking. No motor vehicle or trailer used for the storage of consumer fireworks shall be parked within 10 feet (3 meters) of a CFRS facility, except when delivering, loading, or unloading fireworks or other merchandise and materials used, stored, or displayed for sale in the facility.

65.10.4.6.3 Fireworks Discharge. At least one sign that reads as follows, in capital letters at least four inches (102 millimeters) high on a contrasting background, shall be conspicuously posted on the exterior of each side of the CFRS facility: “NO FIREWORKS DISCHARGE WITHIN 300 FEET”

65.10.4.7 Separation Distances.

65.10.4.7.1 Permanent Facilities.

65.10.4.7.1.1 New Facilities. New permanent consumer fireworks retail sales facilities shall be separated from adjacent permanent buildings and structures in accordance with Table 65.10.4.7.1.1.

Table 65.10.4.7.1.1 Separation Distances Between New Permanent Buildings and Structures

| Separation Distances | Exterior Wall Fire Resistance Rating (hour) | Exterior Wall Opening Protection rating (hour) | | | --- | --- | --- | --- | | Feet | Meters | | | | <10 | <3.05 | 2 | 1 ½ | | ≥10 to <60 | ≥3.05 to <18.3 | 1 | ¾ | | ≥60 | ≥18.3 | 0 | 0 |

65.10.4.7.1.2 Existing Facilities. Existing permanent CFRS facilities shall be separated from adjacent permanent buildings and structures by not less than 10 feet (3.05 meters) or shall be separated by a wall with a one-hour fire resistance rating.

65.10.4.7.2 Temporary Facilities. Temporary CFRS facilities shall be located as specified in Table 65.10.4.7.2.

Table 65.10.4.7.2 Temporary CFRS Facilities — Minimum Separation Distances

| | Buildings | Combustiblesa | Tentsb | Vehicle Parking | Standsc | Storage of Consumer Fireworks | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | feet | meters | feet | meters | feet | meters | feet | meters | feet | meters | feet | meters | | | Tentsb | 20 | 6.1 | 20 | 6.1 | 20 | 6.1 | 10 | 3.05 | 20 | 6.1 | 20 | 6.1 | | Standsc | 20 | 6.1 | 10 | 3.05 | 20 | 6.1 | 10 | 3.05 | 5d | 1.5d | 20 | 6.1 |

a The required clearances to combustibles shall also comply with 65.10.4.6.1.

b Tents refers to temporary retail sales of consumer fireworks in tents, canopies, and membrane structures.

c Stands refers to temporary CFRS stands.

d Where stands are separated from each other by less than 20 feet (6.1 meters), the aggregate area of such stands shall not exceed 800 square feet (74 square meters).

65.10.4.8 Means of Egress.

65.10.4.8.1 General.

65.10.4.8.1.1 Means of egress in CFRS facilities shall comply with the applicable requirements of Chapter 14 and NFPA 101, as modified by 65.10.3.14 and 65.10.4.8.

65.10.4.8.1.2 Means of egress in tents and membrane structures used for retail sales of consumer fireworks shall also comply with NFPA 102, as modified by 65.10.3.14 and 65.10.4.8.

65.10.4.8.2 The evacuation plan shall be posted in a conspicuous location that is accessible to the public as well as to persons employed or otherwise working in the CFRS facility.

65.10.4.8.3 Exit signs shall not be required to be illuminated in tents that are not open for business after dusk.

65.10.4.8.4 Emergency lighting shall not be required in tents that are not open for business after dusk.

65.10.4.8.5 Exit openings from tents shall have a clear opening width of not less than 44 inches (1100 millimeters).

65.10.4.9 Source of Ignition.

65.10.4.9.1 Temporary Electrical Equipment. Battery powered equipment, electrical equipment, and electrical cords that are used in conjunction with a CFRS facility area shall be listed and shall be used in accordance with their listing.

65.10.4.9.1.1 Temporary wiring installed in a temporary structure, including tents and canopies, shall comply with NFPA 70.

65.10.4.9.1.2 Where temporary electrical conductors are placed on top of an outdoor surface to connect the permanent power source to the temporary CFRS facility’s temporary electrical system, the conductors shall be provided with physical protection against damage caused by pedestrian or vehicular traffic.

65.10.4.9.2 Portable Generators.

65.10.4.9.2.1 Portable generators supplying power to CFRS facilities shall use only Class II or Class III combustible liquid fuels.

65.10.4.9.2.2 Portable generators shall be located not less than 20 feet (6.1 meters) from the CFRS facility.

65.10.4.9.2.3 Generator fuels shall be stored not less than 20 feet (6.1 meters) from the CFRS facility.

65.10.4.9.2.4 Where the generator fuel storage is located not less than 50 feet (15.2 meters) from the CFRS facility, the quantity of such fuel shall not be limited by 65.10.3.18.

65.10.4.9.3 Cooking Equipment.

65.10.4.9.3.1 Cooking equipment of any type shall not be permitted within 20 feet (6.1 meters) of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks.

65.10.4.9.3.2 Open flame cooking equipment of any type shall not be allowed within 50 feet (15.2 meters) of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks.

65.10.4.10 Quantity Limitations. The floor area occupied by the retail displays of consumer fireworks in permanent CFRS facilities shall not exceed 40 percent of the available floor area within the retail sales area.

65.10.4.11 Flame Breaks. In CFRS facilities the longitudinal flame break required in 65.10.3.15.3.6 shall not be required where the display fixture or surface is adjacent to an aisle that is not used for public egress.

65.10.5 Stores.

65.10.5.1 General.

65.10.5.1.1 For the purpose of this chapter, stores in which retail sales of consumer fireworks are conducted shall not be considered CFRS facilities as defined in 3.3.72 where both of the following conditions exist:

(1) The area of the retail sales floor occupied by the retail displays of consumer fireworks does not exceed 25 percent of the area of the retail sales floor in the building or 600 square feet (55.5 square meters), whichever is less; and

(2) The consumer fireworks are displayed and sold in a manner approved by the AHJ and comply with the applicable provisions of this code, federal and state law, and local ordinances.

65.10.5.1.2 Consumer fireworks displayed for sale in stores shall comply with the following:

(1) Such fireworks shall be under the visual supervision of a store employee or other responsible party while the store is open to the public;

(2) Such fireworks shall be packaged fireworks merchandise; and

(3) Such fireworks shall be packaged and displayed for sale in a manner that will limit travel distance of ejected pyrotechnical components if ignition of the fireworks occurs.

65.10.5.2 Egress. Means of egress in stores shall comply with Chapter 14 and NFPA 101, unless otherwise specified in 65.10.3.14.

65.10.5.3 Storage Rooms. Storage rooms containing consumer fireworks in a new permanent store shall be protected with an automatic sprinkler system installed in accordance with Section 13.3 and NFPA 13 or separated from the retail sales area by a fire barrier having a fire resistance rating of not less than one hour.

65.10.5.3.1 Door and window openings in the fire barrier wall shall be protected by self-closing fire doors or fixed fire windows having a fire protection rating of not less than one hour and shall be installed in accordance with Section 12.4 and NFPA 80.

65.10.5.3.2 Any other openings or penetrations in the fire barrier wall shall be protected in accordance with NFPA 101.

65.10.5.4 Alarm Notification. In Class B stores, a public address system or a means for manually activating audible and visible alarm indicating devices located throughout the facility in accordance with Section 13.7 and NFPA 72 shall be provided at a constantly attended location when the store is occupied.

65.10.5.5 Flame breaks shall be allowed to be omitted in stores protected throughout with an automatic sprinkler system installed in accordance with Section 13.3 and NFPA 13.

65.10.6 Stands.

65.10.6.1 Site Plan. The site plan for stands shall show the location of the stand on the site and indicate the minimum separation distances required by 65.10.4.7.

65.10.6.2 Temporary Stands.

65.10.6.2.1 Portable Fire Extinguisher. Temporary CFRS stands of less than 200 square feet (18.6 square meters) shall be required to have only one portable fire extinguisher.

65.10.6.2.2 Fire Safety and Evacuation Plan. An approved fire safety and evacuation plan shall not be required for temporary CFRS stands.

65.10.6.2.3 Means of Egress.

65.10.6.2.3.1 Retail sales areas within temporary CFRS stands shall have a minimum of two exits.

65.10.6.2.3.2 Exits provided for temporary fireworks retail sales stands shall be located such that the maximum egress travel distance as measured from the most remote point to an exit along the natural and unobstructed path of egress travel does not exceed 35 feet (10.6 meters).

65.10.6.2.3.3 Customers shall not be permitted inside a temporary CFRS stand unless it complies with the means of egress requirements in 65.10.3.14.

65.10.6.2.3.4 Exit signs shall not be required to be illuminated in stands that are not open for business after dusk, or in temporary CFRS stands where the interior is not accessible to the public.

65.10.6.2.3.5 Emergency lighting shall not be required in stands that are not open for business after dusk or for temporary CFRS stands where the interior is not accessible to the public.

65.10.6.3 Minimum Separation Distances. Temporary CFRS stands shall be separated from adjacent buildings and structures in accordance with Table 65.10.4.7.2.

65.10.6.4 Stands Not Open to the Public.

65.10.6.4.1 Minimum Clear Width of Aisles. In temporary CFRS stands where the interior is not accessible to the public, the minimum clear width of the aisle shall be permitted to be not less than 28 inches (710 millimeters).

65.10.6.4.2 Egress Doors.

65.10.6.4.2.1 Egress doors provided for temporary CFRS stands where the interior is not accessible to the public shall be permitted to be not less than 28 inches (710 millimeters) in width.

65.10.6.4.2.2 For temporary CFRS stands where the interior is not accessible to the public, latching devices on doors shall be permitted without panic hardware.

65.10.6.4.3 Storage. In temporary CFRS stands where the interior is not accessible to the public, the maximum height of sales displays shall be limited to eight feet (2.44 meters).

65.10.6.4.4 Flame Breaks. Temporary CFRS stands where the interior is not accessible to the public shall not be required to comply with 65.10.3.15.3.

65.10.6.4.5 Covered Fuses.

65.10.6.4.5.1 Only consumer fireworks meeting the criteria for covered fuses as described in 65.10.3.15.5.2 shall be permitted where the retail sales of consumer fireworks are conducted.

65.10.6.4.6 Sales Display. The following shall apply to the sales display of consumer fireworks in temporary CFRS stands that do not allow access to the interior of the stand by the public:

(1) Consumer fireworks shall be displayed in a manner that prevents the fireworks from being handled by persons other than those operating, supervising, or working in the temporary CFRS stand; and

(2) The handling requirements of 65.10.6.4.6(1) shall not apply to packaged assortments, boxes, or similarly packaged containers of one or more items, regardless of type.

Cross References

29.06.01.08

29.06.01.08U

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.10 Blasting Operations General Requirements.

A. Notifications. Written notification by email or facsimile shall be provided to the Office of the State Fire Marshal Bomb Squad at least 24 hours prior to each blast. The name of company or contractor performing the blasting and the location, date, and approximate time shall be identified. The geographical coordinates (longitude and latitude) shall be provided.

B. Complaints. If requested by a property owner registering a complaint and considered necessary by the State Fire Marshal, measurements on three consecutive blasts, using approved instrumentation, shall be made near to the structure in question.

C. Special Precautions. When blasting operations, other than those conducted at a fixed site such as a quarry, are to be conducted within 200 feet of a pipe line or high voltage transmission line, the contractor shall take additional precautionary measures and shall notify the owner of the line, or the owner’s agent, that blasting operations are intended.

D. Records.

(1) A record of each blast shall be kept. All records, including seismograph reports, shall be retained for at least 3 years, be available for inspection, and include the following items:

(a) Name of company or contractor;

(b) Location, date, and time of blast. The geographical coordinates (longitude and latitude) shall be identified;

(c) Name, signature, and Social Security number of blaster in charge;

(d) Type of material blasted;

(e) Number of holes, burden, and spacing;

(f) Diameter and depth of holes;

(g) Type of explosives used;

(h) Total amount of explosives used;

(i) Maximum amount of explosives per delay period of 8 milliseconds or greater;

(j) Method of firing and type of circuit;

(k) Direction and distance in feet to nearest dwelling house, public building, school, church, and commercial or institutional building not owned or leased by the person conducting the blasting;

(l) Weather conditions including such factors as wind direction, etc.;

(m) Height or length of stemming;

(n) If mats or other protection to prevent fly rock were used;

(o) Type of detonators used and delay period used;

(p) Seismograph records including seismograph readings when required containing:

(i) Name and signature of the individual operating the seismograph,

(ii) Name of the individual analyzing the seismograph records, and

(iii) Seismograph reading; and

(q) The maximum number of holes per delay period of 8 milliseconds or greater.

(2) The person taking the seismograph reading shall accurately indicate the exact location of the seismograph, if used, and shall also show the distance of the seismograph from the blast.

E. Liability Insurance for Explosives Handlers.

(1) As provided in Public Safety Article, Title 11, Annotated Code of Maryland, proof of liability insurance shall be provided by an applicant for a license to:

(a) Manufacture explosives;

(b) Engage in the business of dealing in explosives; or

(c) Possess any explosives other than for use in firearms.

(2) The minimum amount of liability insurance required for licensing for the activities specified in §E(1) of this regulation is $1,000,000.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.11 Portable Fire Extinguishers.

A. License to Service or Repair Portable Fire Extinguishers. A license shall be obtained from the State Fire Marshal's Office by every individual, firm, or corporation commercially servicing, repairing, filling, or refilling portable fire extinguishers, except fire departments.

B. Sale of Portable Fire Extinguishers.

(1) It is unlawful for a person, directly or through an agent, to sell or offer for sale in the State any make, type, or model of portable fire extinguisher, either new or used, unless the make, type, or model of extinguisher has been tested and listed by a testing laboratory accepted by the State Fire Marshal.

(2) An extinguisher is not approved even if it bears the label of an accepted testing laboratory if it contains any of the following liquids:

(a) Carbon tetrachloride, chlorobromomethane, azeotrophic chloromethane, dibromodifluoromethane, 1,2-dibromo-2-chloro-1,2-trifluoroethane;

(b) 1,2-dibromo-2,2-difluoroethane, methyl bromide, ethylene dibromide;

(c) 1,2-dibromotetrafluoroethane, hydrogen bromide, methylene bromide, bromodifluoromethane, dichlorodifluoromethane; or

(d) Any other toxic or poisonous liquid.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.11-1 Nonwater-Based Fixed Fire Extinguishing Systems.

A license shall be obtained from the State Fire Marshal's Office by every individual, firm, or corporation commercially installing, servicing, or repairing nonwater-based fixed fire extinguishing systems.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.12 Repealed.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.13 Smoke Detectors for the Deaf or Hearing Impaired — Signs — Repealed.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.14 Sale and Use of Heaters and Stoves.

A. Gasoline Stoves. The sale or use of gasoline stoves or other similar fuel-burning cooking or heating appliances using Class I flammable liquids as defined in NFPA 1 Fire Code (2024 Edition) and NFPA 30 Flammable and Combustible Liquids Code (2024 Edition), is prohibited unless the appliance has been tested and listed by a testing laboratory accepted by the State Fire Marshal. The appliance shall be installed, operated, and maintained in a safe manner in accordance with the prescribed recommendation of the manufacturer and the conditions stated in the listing by the respective testing laboratory.

B. Unvented Portable Kerosene-Fired Heaters.

(1) The sale or use of unvented portable kerosene-fired heaters is permitted only if the heater or appliance meets the U.L. Subject 647 and bears the label of a testing laboratory accepted by the State Fire Marshal.

(2) The heaters shall only be used as permitted under Commercial Law Article, §14-1310, Annotated Code of Maryland.

(3) Each heater shall contain a warning label stating: “This device must not be operated while unattended”. In addition, the heater shall contain the manufacturer's warning label required by Commercial Law Article, §14-1310, Annotated Code of Maryland.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.15 Sale or Use of Flame Retardant Chemicals.

An individual, firm, or corporation may not sell or offer for sale in the State any type of flame-retardant or flame-proofing compound, powder, or liquid, for fire-retardant purposes unless the product has been tested, listed, and bears the mark of a recognized testing laboratory accepted by the State Fire Marshal.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland
COMAR 29.06.01.16 Visual Obscuration Systems.

Visual obscuration systems associated with security or burglar alarm systems may not be permitted.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Regulations .01B, .13A, .15B, G, .16B, .18A, B, .22B, .23A—C, .26B, .29B—D, .33, .35B amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulations .04—.14, .16—.35, and .41 amended effective August 30, 1982 (9:17 Md. R. 1709)
  • Administrative History: Regulation .14D adopted effective July 1, 1967
  • Administrative History: Regulations .15G, .16C, .18C, .22A, .29B, and .35B, E, F amended as an emergency provision effective February 23, 1978 (5:5 Md. R. 332); adopted permanently effective June 2, 1978 (5:11 Md. R. 885)
  • Administrative History: Regulation .16A amended effective April 9, 1984 (11:7 Md. R. 628)
  • Administrative History: Regulations .16B, .18A, E, .23, .26B, .29D amended effective May 14, 1975 (2:10 Md. R. 759)
  • Administrative History: Regulation .16B amended effective April 18, 1980 (7:8 Md. R. 772)
  • Administrative History: Regulation .23B amended effective August 22, 1980 (7:17 Md. R. 1672)
  • Administrative History: Regulation .26 amended effective December 7, 1981 (8:24 Md. R. 1936)
  • Administrative History: Regulation .30E adopted effective October 5, 1979 (6:20 Md. R. 1629); September 19, 1980 (7:19 Md. R. 1808)
  • Administrative History: Regulation .33 amended effective November 21, 1983 (10:23 Md. R. 2064)
  • Administrative History: Regulation .34 amended effective January 21, 1976 (3:2 Md. R. 87) and November 4, 1977 (4:23 Md. R. 1735)
  • Administrative History: Regulation .36 adopted effective April 27, 1977 (4:9 Md. R. 1719)
  • Administrative History: Regulation .36A, C amended effective October 7, 1977 (4:21 Md. R. 1604)
  • Administrative History: Regulation .37 adopted effective February 26, 1979 (6:4 Md. R. 227); amended effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .37 (Cellulose and Foam Insulation) adopted as an emergency provision effective January 1, 1979 (6:1 Md. R. 15); emergency status withdrawn by AELR Committee for §B of this regulation effective February 1, 1979 (6:4 Md. R. 275); emergency status expired May 12, 1979
  • Administrative History: Regulation .38 adopted effective October 5, 1979 (6:20 Md. R. 1629)
  • Administrative History: Regulation .39 adopted effective October 31, 1980 (7:22 Md. R. 2074)
  • Administrative History: Regulation .40 adopted effective July 20, 1981 (8:14 Md. R. 1228)
  • Administrative History: Regulation .41 adopted effective October 12, 1981 (8:20 Md. R. 1636)
  • Administrative History: Regulation .42 adopted effective January 17, 1983 (10:1 Md. R. 32)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: Regulation .06A amended effective July 28, 1986 (13:15 Md. R. 1735); July 24, 1989 (16:14 Md. R. 1568)
  • Administrative History: Regulation .06O amended effective October 5, 1987 (14:20 Md. R. 2143)
  • Administrative History: Regulation .06R adopted effective October 1, 1985 (12:19 Md. R. 1849)
  • Administrative History: Regulation .06S adopted effective March 7, 1988 (15:5 Md. R. 622)
  • Administrative History: Regulation .07B amended effective January 23, 1989 (16:1 Md. R. 72)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Regulation .09B amended effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: Regulation .10 adopted effective November 22, 1993 (20:23 Md. R. 1805)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)
  • Administrative History: COMAR 12.03.01 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.22 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulations .01—.22 repealed effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted effective August 6, 2001 (28:15 Md. R. 1400)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective August 1, 2004 (31:12 Md. R. 914)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective January 1, 2007 (33:24 Md. R. 1907)
  • Administrative History: Regulation .02B amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .03B repealed effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .04D amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .05B amended effective January 1, 2010 (36:25 Md. R. 1956); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06 amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .06B amended effective January 1, 2010 (36:25 Md. R. 1956); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .06C amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .08 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09 amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Administrative History: Regulation .09E amended as an emergency provision effective February 7, 2020 (47:10 Md. R. 514); emergency provision expired effective August 3, 2020
  • Administrative History: Regulation .09E amended effective August 10, 2020 (47:16 Md. R. 738)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 1533); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .11 amended effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .11-1 adopted effective January 1, 2010 (36:25 Md. R. 1956)
  • Administrative History: Regulation .13 repealed effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .14A amended effective January 1, 2010 (36:25 Md. R. 1956); January 1, 2013 (39:23 Md. R. 1533); January 1, 2016 (42:23 Md. R. 1436); October 7, 2019 (46:20 Md. R. 847); June 23, 2025 (52:12 Md. R. 599)
  • Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland

29.06.02 Procedural Regulations

COMAR 29.06.02.01 Hearings—Contested Cases Before the State Fire Prevention Commission.

A. Appeals.

(1) When a person is aggrieved by an order or decision of the State Fire Marshal, made in the course of the administration or enforcement of the State Fire Prevention Code and Public Safety Article, Title 6, Annotated Code of Maryland, the person shall file within 20 days a written petition of appeal with the State Fire Prevention Commission, setting forth the reason for the appeal.

(2) The 20-day period during which an appeal may be taken begins on the date the notice of the Fire Marshal's order or decision was received by the person or agent in accordance with Public Safety Article, §6-319, Annotated Code of Maryland.

(3) The original petition for appeal and nine copies of it shall be filed with the State Fire Prevention Commission, 12 Jonathan Street, Suite 100, Hagerstown, MD 21740.

B. Upon receipt of the petition for appeal, the secretary to the State Fire Prevention Commission shall mail a copy of the petition for appeal to each member of the Commission. The appellant shall be notified of the time and date of the hearing before the Commission at least 10 days before the hearing. At the hearing, there shall be at least five members of the Commission present, one of which shall be either the chairman or the vice-chairman.

C. Before the hearing and upon specific written request of any party or counsel, in accordance with Public Safety Article, §6-502, Annotated Code of Maryland, the State Fire Marshal may furnish for copying at the State Fire Marshal's office documents or other material in the State Fire Marshal's files relating to the matter at issue. Upon written request, the State Fire Marshal shall furnish the names of witnesses who have personal knowledge of matters material to the matter at issue.

D. The Commission shall provide for transcription of the hearing by electronic recording device or by a stenographer.

E. At the hearing, the State Fire Marshal, or the State Fire Marshal's agent or attorney, shall present to the Commission the evidence upon which the decision or order was based. The other party or counsel may cross-examine witnesses. The party aggrieved shall then present witnesses to testify, subject to cross-examination, and other evidence relative to the matter at issue. The State Fire Marshal and the party aggrieved shall be permitted to present:

(1) Additional evidence at any time during the hearing; and

(2) Oral arguments at the close of all of the evidence.

F. Upon request of a party, a party's counsel, or State Fire Marshal personnel, the Commission may postpone the hearing for any reason.

G. Unless the hearing is postponed, failure to appear at the time and place designated in the notice shall be deemed a default on the part of a party.

H. A decision shall be rendered by the Commission within 30 days of the hearing. Within that time the Commission shall notify all parties in writing of the decision. The decision shall be mailed to the last known address of each party. The mailing of the decision by the Commission is prima facie evidence of notification to a party of the Commission's decision.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: COMAR 12.03.02 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01 and .02 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Authority: Public Safety Article, §6-206 and Title 6, Subtitle 5, Annotated Code of Maryland
COMAR 29.06.02.02 Administrative Procedure Act.

In addition to this chapter, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, governs practice and procedure in a hearing before the Commission and an appeal from a hearing.

History

  • Administrative History: Effective date: July 21, 1972
  • Administrative History: Chapter revised effective May 6, 1985 (12:9 Md. R. 812)
  • Administrative History: COMAR 12.03.02 repealed effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01 and .02 adopted effective January 14, 1999 (26:1 Md. R. 25)
  • Authority: Public Safety Article, §6-206 and Title 6, Subtitle 5, Annotated Code of Maryland
COMAR 29.06.03 Approval of Testing Laboratories [Repealed]

History

  • Administrative History: Effective date: May 1, 1989 (16:8 Md. R. 910)
  • Administrative History: Chapter, Standard for the Installation of Sprinkler Systems in Residential Occupancies, repealed effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04, Approval of Testing Laboratories, adopted effective May 11, 1992 (19:9 Md. R. 879)
  • Administrative History: Chapter recodified from COMAR 12.03.03 to COMAR 29.06.03 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: ——————
  • Administrative History: Regulations .01—.04 repealed effective January 1, 2013 (39:23 Md. R. 1533)

29.06.04 Fees for Fire Prevention Services

COMAR 29.06.04.01 Scope.

A. This chapter establishes a schedule of fees to be used by the State Fire Marshal to at least cover the administrative costs associated with the review of building plans, inspection of new and existing buildings, and fire suppression, detection, and alarm systems to ensure compliance with applicable fire prevention codes.

B. This chapter does not apply to any municipal corporation or county that has adopted, before the effective date of this chapter, an ordinance or regulation that establishes a fee schedule for building inspections or plans review.

C. Municipal or County Corporations.

(1) The fee schedule established by the State Fire Prevention Commission may be used, amended, or referenced by a municipal or county corporation that chooses to establish its own fee schedule.

(2) A municipal or county corporation establishing its own fee schedule shall be responsible for administering its own:

(a) Plan reviews or inspections;

(b) Fee processing; and

(c) Payment collection.

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.02 Incorporation by Reference.

A. Occupancies are defined and classified as required by the National Fire Protection Association (NFPA) 101 “Life Safety Code” as incorporated by reference in COMAR 29.06.01. In the case of mixed occupancies when it is impractical to distinguish individual occupancy classifications, the occupancy classification is based on the predominant use and occupancy of the building or structure.

B. Terminology and reference standards are defined and classified by the appropriate code or standard of the National Fire Protection Association as referenced in COMAR 29.06.01.

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Code” means the State Fire Laws, Public Safety Article, Titles 6 and 9, Annotated Code of Maryland, and the State Fire Prevention Code under COMAR 29.06.01.

(2) “Fire protection system” means:

(a) Fire alarm and detection systems with a fire alarm control panel;

(b) Sprinkler, water spray, and combined sprinkler and standpipe systems;

(c) Standpipe systems and hose systems;

(d) Fire pumps and associated valves, piping, controllers, driver, and related equipment;

(e) Gaseous and chemical extinguishing systems that use gases such as halon or carbon dioxide, or dry or wet chemical compounds as the primary extinguishing agent;

(f) Foam systems that use a foaming agent to control or extinguish a fire in a flammable liquid installation, aircraft hangar, and other recognized applications; and

(g) Smoke control systems that include smoke exhaust, stair pressurization, and other recognized air-handling systems specifically designed to exhaust or control smoke, or create pressure zones to minimize the hazard of smoke spread caused by fire.

(3) “Initial inspection” means an inspection conducted for fire code compliance not generated by a previously identified fire code violation.

(4) “Local fire authority” means those municipal or county fire officials specifically authorized under Public Safety Article, Annotated Code of Maryland, to enforce the provisions of the State Fire Laws and Fire Prevention Code.

(5) “New building or condition” means a building, structure, installation, plant, equipment, renovation, or condition:

(a) For which a building permit is issued on or after the effective date of this chapter;

(b) On which actual construction is started on or after the effective date of this chapter in a jurisdiction where a building permit is not required;

(c) That represents a change from one occupancy classification to another on or after the effective date of this chapter; or

(d) That represents a situation, circumstance, or physical makeup of any structure, premise, or process that was commenced on or after the effective date of this chapter.

(6) “Reinspection” means an inspection conducted for fire code compliance generated by a previously identified fire code violation.

(7) “State fire authority” means the State Fire Marshal or legally appointed designee.

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.04 Fees in General.

A. Fee Computation. The amount of the fee for the following services shall be computed in accordance with Regulations .05—.07 of this chapter:

(1) Plan review, and use and occupancy inspection;

(2) Fire protection system plan review and inspection; and

(3) Fire safety inspection.

B. Fee Payment for Plan Review and Use and Occupancy Inspections.

(1) Fees for plan review and use and occupancy inspections are payable upon receipt of an invoice from the State fire authority of:

(a) Preliminary or construction plans for the construction of a new building, addition, expansion, or renovation of an existing building or facility; and

(b) Plans for a fire protection system.

(2) Fee payments shall be reviewed by the State fire authority to ensure that they are in the proper amount. If a fee payment is incorrect, an invoice requesting the balance of the fee shall be sent to the person identified on the original invoice.

(3) Failure to pay the fee within the required time shall result in appropriate administrative or legal action. Further plan review or inspection action may not take place until the fee is paid in full. This may result in the delay of the issuance of a building permit, or use and occupancy permit, for the building or facility.

C. Fee Payment for Fire Safety Inspections.

(1) Fees for fire safety inspections are payable upon receipt of an invoice from the State fire authority upon completion of the inspection. Failure to pay this fee within the specified time may result in:

(a) Administrative or legal action;

(b) No further inspection activity;

(c) Denial of the issuance or renewal of a permit or license held by the facility being inspected; and

(d) Violation of Public Safety Article, §§6-601, 6-317, 9-109, 9-206, or 9-905, Annotated Code of Maryland.

(2) The fire safety inspection fee may not be charged if the initial inspection is conducted in response to a specific complaint regarding an alleged violation of the Code. Any reinspection based on the initial inspection is subject to the fees outlined in Regulation .07C of this chapter.

(3) The fire safety inspection fee may not be charged if the initial inspection is initiated by the State fire authority. Any reinspection based on the initial inspection is subject to the fees outlined in Regulation .07C of this chapter.

D. Payment Method.

(1) Fee payments shall be made payable to the Office of the State Fire Marshal.

(2) Cash payment is not acceptable.

(3) Fee payment shall be in the form of a check, money order, or other approved means.

E. Disputes Over Fees.

(1) Disputes regarding the amount of the fee charged and any other matter related to the charging of a fee shall be resolved in accordance with administrative procedures adopted by the State fire authority.

(2) An appeal of an administrative finding by the State Fire Marshal may be made to the State Fire Prevention Commission in accordance with procedures in COMAR 29.06.02.

F. Technical Assistance, Unclassified Inspections, and Special Events. Fees for technical assistance, unclassified inspections, and special events shall be based upon criteria required in Regulation .08 of this chapter.

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.05 Fees for Plan Review and Use and Occupancy Inspection.

A. Fee Schedule.

(1) The fee schedule in this section is to be used to calculate the fee to be paid for the review of plans for and inspection of all new and existing buildings, including a change in use or occupancy. Where a local jurisdiction elects to conduct plan reviews and adopts a fee schedule for these reviews but does not conduct the inspections, the State Fire Marshal shall be permitted to reduce the fee schedule rate under this regulation by 50 percent to cover the costs of inspections conducted by the State Fire Marshal.

(2) The review and inspection is required to obtain a building permit, or a use and occupancy permit from a State or local government agency or licensing authority in order to construct, renovate, or occupy a building or facility, or install a fire protection system.

(3) Fees are as follows:

(a) Assembly occupancy — 8 cents per square foot;

(b) Educational occupancy — 10 cents per square foot;

(c) Health care occupancy — 10 cents per square foot;

(d) Detention or correctional occupancy — 10 cents per square foot;

(e) Residential occupancy — 8 cents per square foot;

(f) Mercantile occupancy — 8 cents per square foot;

(g) Business occupancy — 8 cents per square foot;

(h) Industrial occupancy — 6 cents per square foot;

(i) Storage occupancy — 6 cents per square foot;

(j) $100 per plan review or use and occupancy inspection, whichever is greater;

(k) Flammable or combustible liquid storage tank — 1 cent per gallon of maximum tank capacity or $200 per tank, whichever is greater, although tanks less than 660 gallons used to provide heating fuel or other utility service to a building or facility are exempt from the fee;

(l) Marina or pier — $120 plus $1.50 per slip; and

(m) Outside storage of flammable and combustible materials such as scrap tire, lumber, mulch, tree stumps, drums of flammable or combustible liquids, etc. — $120 per acre or fraction of an acre.

B. The fee due shall be calculated using the appropriate rate in §A of this regulation applied to:

(1) The gross square feet per floor for a new building or tenant space or a change in its use or occupancy;

(2) The gross square feet of an area being renovated or altered; or

(3) The gross square feet per floor for a storage occupancy when a shell building without a specific occupancy or tenancy is to be built.

C. When a shell building is built without a specific occupancy or tenancy, the appropriate occupancy fee applies when use or occupancy is determined as prescribed by a separate building permit or use and occupancy permit.

D. The fee for a mixed occupancy shall:

(1) Be based upon the fee schedule in §A of this regulation for each occupancy;

(2) Be the cumulative total of the fee for each occupancy; and

(3) Reflect the predominant classification of the building or structure when a separate fee for each occupancy cannot be determined.

E. A change in use or occupancy of a building or tenant space shall be calculated at the same rate as a new building.

F. The fee for a building or tenant space occupied without completion of a plan review shall be based upon the fee schedule in §A of this regulation.

G. A 50 percent refund of the fees in §§A—F of this regulation may be refunded if a permit to construct is denied by a permit or licensing authority, or if the applicant abandons the project before construction, for whatever reason. The applicant may request a refund within 6 months of official notification of the denial of the permit, license, or issuance of a building permit by the respective authority. A renewal of the permit or resumption of construction requires a new submittal of plans for the remaining work and payment of the full fee.

Cross References

29.06.04.04A

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.06 Fees for Fire Protection System Plan Review and Inspection.

A. The fee schedule that follows in this section is to be used to calculate the fee to be paid for plan review and inspection of the fire protection systems specified:

(1) Fire alarm and detection system—$150 per fire alarm control panel, plus $2 per fire alarm initiating and indicating device;

(2) Sprinkler, water spray, and combined sprinkler and standpipe system:

(a) $2 per sprinkler head and $3 per extended coverage sprinkler head or $150 per system, whichever is greater; and

(b) $100 for each additional hydrostatic test; or

(c) $75 per dwelling unit for one-family and two-family dwellings;

(3) Standpipe and hose system—$50 per 100 linear feet of piping or fraction of 100 linear feet, or $150 per system, whichever is greater;

(4) Fire pump—50 cents per gallon per minute (gpm) of rated pump capacity or $300 per pump, whichever is greater, although this fee does not apply to limited service pumps for residential sprinkler systems as permitted for NFPA 13D systems;

(5) Water storage tanks—$100 per tank, although this fee does not apply to residential sprinkler system tanks as permitted for NFPA 13D systems;

(6) Gaseous and chemical extinguishing system — The greater of:

(a) $1 per pound of gaseous or dry chemical extinguishing agent, although this fee does not apply to a reserve supply of extinguishing agent;

(b) $100 per 30,000 cubic feet of volume of the portion of protected space; or

(c) $150 per system; and

(d) $150 per wet chemical extinguishing system;

(7) Foam system—$100 per nozzle or local applicator device plus $2 per sprinkler head for a combined sprinkler and foam system, or $150 per system, whichever is greater;

(8) Smoke control system—$100 per 50,000 cubic feet of volume or the portion of the protected or controlled space, up to a maximum of $1,500 per system, or $300 per system, whichever is greater.

B. The fees also include, for a:

(1) Fire alarm and detection system:

(a) Plan review and inspection of a complete system of:

(i) Wiring,

(ii) Controls,

(iii) Alarm and detection equipment, and

(iv) Related appurtenances; and

(b) One final acceptance test of the installed system;

(2) Sprinkler, water spray, and combined sprinkler and standpipe system:

(a) Plan review and inspection of:

(i) Shop drawings,

(ii) Hydraulic calculations,

(iii) Piping,

(iv) Control valves, and

(v) Connections and other related equipment and appurtenances;

(b) One underground flush test;

(c) One hydrostatic test;

(d) One forward flow test of the backflow preventer; and

(e) One final acceptance test;

(3) Standpipe and hose system:

(a) Plan review and inspection of a complete system of:

(i) Shop drawings,

(ii) Control valves,

(iii) Piping, and

(iv) Connections and other related equipment and appurtenances;

(b) One flush test;

(c) One hydrostatic test; and

(d) One final acceptance test;

(4) Fire pump:

(a) Plan review and inspection of a complete system of:

(i) Pumps and all associated valves,

(ii) Piping,

(iii) Controllers,

(iv) Driver and other related equipment and appurtenances; and

(b) One pump acceptance test per pump;

(5) Gaseous or chemical extinguishing system:

(a) Plan review and inspection of a complete system of:

(i) Piping,

(ii) Controls, and

(iii) Equipment and other appurtenances; and

(b) One performance or acceptance test;

(6) Foam system:

(a) Plan review and inspection of a complete system of:

(i) Piping,

(ii) Controls,

(iii) Nozzles, and

(iv) Equipment and related appurtenances; and

(b) One flush test;

(c) One hydrostatic test; and

(d) One final acceptance test;

(7) Smoke control system:

(a) Plan review and inspection of system components; and

(b) One performance or acceptance test.

C. Final acceptance tests are to be witnessed by a State fire authority in accordance with administrative procedures established by that authority.

D. A fee applies if the tests outlined in §B of this regulation reveal that the system being inspected or tested does not meet applicable standards as follows:

(1) First reinspection or retest—$200; and

(2) Each additional reinspection or retest—$250.

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.07 Fees for Fire Safety Inspections.

A. The fee schedule in this regulation is to be used to calculate the fee to be paid for a general fire safety inspection. Specific testing of certain specialized fire protection systems and equipment may be required by qualified maintenance personnel or a contractor at the owner's expense.

B. The following fees are to be applied based upon the occupancy classification for the building:

(1) Assembly occupancy:

(a) 1,001 or more individuals—$360;

(b) 301 to 1,000 individuals—$240;

(c) 50 to 300 individuals—$120;

(d) Fairgrounds, for properties with:

(i) Nine buildings or less—$240;

(ii) Ten buildings or more—$480;

(2) Educational occupancy:

(a) Elementary school, which includes kindergarten and prekindergarten facilities—$120;

(b) Middle or junior high school—$180;

(c) Senior high school—$180;

(d) Family or group day care homes:

(i) Initial inspection—$75;

(ii) Renewal inspection—$50;

(e) Nursery or day care centers—$100;

(3) Health care occupancy:

(a) Ambulatory health care center—$180 per 3,000 square feet or fraction of 3,000 square feet;

(b) Hospital, nursing home, and limited care facility—$120 per building plus $2.50 per patient bed;

(4) Detention and correctional occupancy—$120 per building plus $2.50 per rated bed capacity;

(5) Residential occupancy:

(a) Hotel and motel—$120 per building plus $2.50 per guest room or suite;

(b) Dormitory—$120 per building plus $2.50 per bed;

(c) Apartment—$120 per building plus $2.50 per apartment;

(d) Lodging or rooming house—$120 per building plus $2.50 per bed;

(e) One and two family dwelling, including alternate living units and foster care homes—$75;

(f) Board and care home—$120 per building plus $2.50 per bed;

(6) Mercantile occupancy:

(a) Class A—over 30,000 square feet—$300;

(b) Class B—3,000 to 30,000 square feet—$150;

(c) Class C—less than 3,000 square feet—$100;

(7) Business occupancy—$120 per 3,000 square feet or fraction of 3,000 square feet;

(8) Industrial or storage occupancy:

(a) Low or ordinary hazard—$120 per 5,000 square feet or fraction of 5,000 square feet;

(b) High hazard—$200 per 5,000 square feet or fraction of 5,000 square feet;

(9) Manufactured homes sites and communities—$120 per facility plus $2.50 per site;

(10) Campgrounds:

(a) Vehicular campgrounds—$120 per facility plus $2.50 per campsite;

(b) Campgrounds with sleeping accommodations—$180 per facility plus $2.50 per bed;

(c) Campgrounds without sleeping accommodations—$120 per facility;

(11) Outside storage of combustible materials, for example, scrap tires, lumber, mulch, tree stumps, etc.—$60 per acre or fraction of an acre;

(12) Outside storage of flammable or combustible liquids/gases (drums or tanks)—$120 per 5,000 square feet or fraction of 5,000 square feet; and

(13) Marinas and piers—$120 plus $1.50 per slip.

C. A fee applies if more than one reinspection outlined in §B of this regulation is required to correct a previously identified code violation as follows:

(1) Second reinspection—$200; and

(2) Each additional reinspection—$250.

Cross References

29.06.04.04A

29.06.04.04C(2)

29.06.04.04C(3)

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.08 Fees for Technical Assistance, Unclassified Inspections, and Special Events.

A. The fee schedule in this regulation is used to calculate the fee to provide technical assistance or unclassified inspections, including special events, in the form of plan review or on-site inspections.

B. A separate technical assistance fee shall be charged at the following rate and prorated to the nearest 1/2 hour:

(1) Deputy fire marshal or fire safety inspector—$75 per hour; and

(2) Fire protection engineer—$100 per hour.

C. Travel time to and from the meeting or inspection site shall be included when computing the fee.

D. When requested, a reasonable time to prepare written reports or research subsequent Code-related issues shall be included when computing the fee.

E. The fee shall be charged to the person officially requesting assistance and is payable upon receipt of an itemized invoice submitted in accordance with administrative procedures established by State fire authorities.

F. Failure to pay the fee within the required time shall result in appropriate administrative or legal action. Further plan review or inspection action may not take place until the fee is paid in full. This may result in delay of the issuance of a building permit, or use and occupancy permit for the building or facility.

Cross References

29.06.04.04F

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland
COMAR 29.06.04.09 Disposition of Fees.

A. Fees collected by the State shall be deposited in the general fund of the State for the services provided.

B. Fees shall be collected and processed in accordance with fiscal procedures established by the State for the collection, disbursement, and accounting of funds.

History

  • Administrative History: Effective date: August 30, 1993 (20:17 Md. R. 1347)
  • Administrative History: Regulation .06A amended as an emergency provision effective June 10, 1994 (21:13 Md. R. 1152); amended permanently effective October 10, 1994 (21:20 Md. R. 1733)
  • Administrative History: Regulation .07B amended effective April 22, 1996 (23:8 Md. R. 606)
  • Administrative History: ——————
  • Administrative History: Regulation .01 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .01C amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulations .02—.04 amended and chapter recodified from COMAR 12.03.04 to COMAR 29.06.04 effective January 14, 1999 (26:1 Md. R. 25)
  • Administrative History: Regulation .03B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04 amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .04B, G amended effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .05 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .05A amended effective November 1, 2014 (41:20 Md. R. 1113)
  • Administrative History: Regulation .06 amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .07B amended and C adopted effective January 1, 2004 (30:19 Md. R. 1336)
  • Administrative History: Regulation .07B, C amended effective January 1, 2008 (34:17 Md. R. 1510); April 1, 2012 (39:1 Md. R. 21)
  • Administrative History: Regulation .08 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .08B amended effective January 1, 2004 (30:19 Md. R. 1336); January 1, 2008 (34:17 Md. R. 1510)
  • Administrative History: Regulation .09 amended effective January 1, 2008 (34:17 Md. R. 1510)
  • Authority: Public Safety Article, §6-206, Title 6, Subtitle 3, and Title 9, Subtitle 7, Annotated Code of Maryland

29.06.05 Fire Sprinkler Contractor Licensing Regulations

COMAR 29.06.05.01 Purpose.

This chapter establishes licensing requirements for persons who inspect, test, perform maintenance on, install, repair, modify, or lay out fire sprinkler systems in any residential or commercial building in Maryland.

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.02 Scope.

A. Except as provided in §B of this regulation, a person who inspects, tests, performs maintenance on, installs, repairs, modifies, or lays out fire sprinkler systems in any residential or commercial building in the State shall apply to, and obtain from, the State Fire Marshal, a fire sprinkler contractor license, as provided for in Regulation .04 of this chapter.

B. A license is not required for the following activities:

(1) Inspections and tests by insurance representatives acting in the performance of their assigned duty;

(2) Inspections, tests, and repairs by a full-time maintenance employee of the property owner, knowledgeable about fire sprinkler systems, acting in the performance of the employee's assigned duty for the property owner;

(3) Inspections, tests, plan review, and ensuring the maintenance of, and any emergency maintenance activity on, a fire sprinkler system, or restoration of an operating, or recently operated, fire sprinkler system to active service by an individual acting in the individual's capacity as a member of a State, county, municipal, career, or volunteer fire department, or authority having jurisdiction;

(4) Installation of a limited area fire sprinkler system or emergency temporary repairs performed by a licensed master plumber in accordance with COMAR 29.06.01;

(5) Inspections, tests, preparation of design and specification documents, hydraulic calculations, layout, and plan review of fire sprinkler systems by a Maryland-registered professional engineer knowledgeable about fire sprinkler systems; or

(6) Installation, testing, servicing, and maintenance of specialized equipment that is associated with automatic fire sprinkler systems, but not regulated by the specific provisions of NFPA 13, NFPA 13D, or NFPA 13R, performed by persons under the responsible charge of a licensed fire sprinkler contractor who shall verify that such persons have the appropriate qualifications and certifications to perform these specific functions and who shall be responsible for the installation and continued approved operation of all equipment associated with the fire sprinkler system.

C. These regulations are minimum Statewide requirements which are not intended to prohibit any jurisdiction from adopting a more stringent local law or ordinance which establishes standards or qualifications for fire sprinkler contractors.

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Designated qualified individual” means an owner or permanent and dedicated employee of a fire sprinkler contractor, who is responsible for overseeing work performed by other persons employed by the contractor, and who possesses the required NICET or equivalent qualification or professional engineer qualifications in accordance with the appropriate class of license as listed in this chapter.

(2) “Fire sprinkler contractor” means a person that inspects, tests, performs maintenance on, installs, repairs, modifies, or lays out a fire sprinkler system in accordance with standards incorporated by reference in COMAR 29.06.01.

(3) “Fire sprinkler system” means a sprinkler system for fire protection purposes which:

(a) Is an integrated system of piping laid out in accordance with standards adopted in COMAR 29.06.01;

(b) Includes, as the portion of the fire sprinkler system above ground, a network of specially sized or hydraulically designed piping and associated equipment installed in a building, structure, or area, generally overhead, and to which fire sprinklers are connected in a systematic pattern;

(c) Is activated by a device capable of detecting heat or combustion byproducts produced by a fire, and which discharges water over the fire area;

(d) Does not include the first connection to a potable water supply that is downstream of a backflow preventer, and the final connection that discharges indirectly into a public or private disposal system, sanitary drainage facility, or storm drainage facility; and

(e) Includes potable water multipurpose piping systems as defined in NFPA 13D.

(4) “International Building Code” means the edition of the International Business Code, with amendments, which is incorporated by reference in COMAR 29.06.01.

(5) “Layout” means the preparation of shop drawings implementing engineering contract documents and applicable codes and standards.

(6) “Limited area fire sprinkler system” means a:

(a) Fire sprinkler system, except a system installed in a townhouse or other single family dwelling, which is laid out within one fire area, and which is enclosed within approved separation assemblies, with no more than 20 sprinklers based on the spacing limitations of NFPA 13, and laid out in accordance with the International Building Code, and which has a water supply that consists of one of the following:

(i) A standpipe system capable of supplying a 500 gallon/minute (1890 liters/minute) minimum flow and which has an automatic water supply; or

(ii) A connection in compliance with the Maryland State Plumbing Code to a domestic water system laid out to adequately support the design flow of the largest number of sprinklers required to be hydraulically calculated by NFPA 13 in any fire area plus the domestic demand; or

(b) A fire sprinkler system consisting of not more than six sprinklers for any isolated hazardous area connected to a domestic water supply having a capacity sufficient to provide 0.15 gallon/minute/square foot (6.1 liter/minute/square meter) of floor area throughout the entire enclosed area installed in accordance with NFPA 101.

(7) “NFPA” refers to standards produced by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269, which are incorporated by reference in COMAR 29.06.01.

(8) “NICET” means the National Institute for the Certification in Engineering Technologies.

(9) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(10) “State Fire Marshal” means the Fire Marshal for the State of Maryland or, in the Fire Marshal's absence, an individual who has been specially designated by the State Fire Marshal to enforce this chapter.

(11) “Workmanlike manner” means a quality of work typical of the standard recognized within the industry and befitting a skilled workman or craftsman.

Cross References

29.06.05.04M(3)

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.04 Licensure.

A. Each fire sprinkler contractor who performs work in Maryland shall possess a valid license of the appropriate class as listed in this regulation. A fire sprinkler contractor, except a person exempt under this chapter or Public Safety Article, §9-903(b), Annotated Code of Maryland, who inspects, tests, performs maintenance on, installs, repairs, modifies, or lays out a fire sprinkler system in a residential or commercial building in the State shall possess a valid license under this regulation. The following table illustrates the capabilities of each class of the sprinkler contractor license:

| Function | Class I | Class IIa | Class IIb | Class IIc | Class IId | Class IIIa | Class IIIb | Class IIIc | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Inspect | All | | | | | | | | | Test | All | | | | | | | | | Maintain | All | | | | | | | | | Install | | Res | | Res | 13D | All | | All | | Repair | | Res | | Res | 13D | All | | All | | Modify | | Res | | Res | 13D | All | | All | | Layout | | | Res | Res | | | All | All |

Where “All” indicates that the function may be performed on commercial or residential systems in accordance with NFPA 13, 13D, and 13R; “Res” indicates that the function may be performed on residential systems in accordance with NFPA 13D and 13R only; and "13D" indicates that the function may be performed on residential systems in accordance with NFPA 13D only.

B. Class I Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the inspection, testing, and performance of maintenance of residential or commercial fire sprinkler systems that are in accordance with NFPA 13, NFPA 13D, or NFPA 13R shall possess a class I fire sprinkler contractor license.

(2) To obtain a class I fire sprinkler contractor license, a person shall:

(a) Have not less than 3 years experience in the inspection, testing, and performance of maintenance of residential and commercial fire sprinkler systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, inspection, and testing of water-based systems.

C. Class IIa Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the installation, repair, or modification of residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R shall possess a class IIa fire sprinkler contractor license.

(2) To obtain a class IIa fire sprinkler contractor license, a person shall:

(a) Have not less than 3 years experience in the installation, repair, or modification of residential fire sprinkler systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

(3) For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

D. Class IIb Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the layout of residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R shall possess a class IIb fire sprinkler contractor license.

(2) To obtain a class IIb fire sprinkler contractor license, a person shall:

(a) Have not less than 3 years experience in the layout of residential fire systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

E. Class IIc Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the installation, repair, modification, and layout of residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R shall possess a class IIc fire sprinkler contractor license.

(2) To obtain a class IIc fire sprinkler contractor license, a person shall:

(a) Have not less than 3 years experience in the installation, repair, modification and layout of residential fire sprinkler systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

(3) For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

F. Class IId Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the installation, repair, or modification of residential fire sprinkler systems that are in accordance with NFPA 13D shall possess a class IId fire sprinkler contractor license.

(2) To obtain a class IId fire sprinkler contractor license, a person shall:

(a) Possess a Maryland master plumber license and comply with all applicable provisions of Business Occupations and Professions Article, Title 12, Annotated Code of Maryland; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

G. Class IIIa Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the installation, repair, or modification of commercial and residential fire sprinkler systems that are in accordance with NFPA 13, 13D, or 13R shall possess a class IIIa fire sprinkler contractor license.

(2) To obtain a class IIIa fire sprinkler contractor license, a person shall:

(a) Have not less than 5 years experience in the installation, repair or modification of commercial and residential fire sprinkler systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level II or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

(3) For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

H. Class IIIb Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the layout of commercial or residential fire sprinkler systems that are in accordance with NFPA 13, 13D, or 13R shall possess a class IIIb fire sprinkler contractor license.

(2) To obtain a class IIIb fire sprinkler contractor license, a person shall:

(a) Have not less than 5 years experience in the layout of commercial and residential fire sprinkler systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level III or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

I. Class IIIc Fire Sprinkler Contractor License.

(1) A fire sprinkler contractor engaged in the installation, repair, modification, and layout of commercial or residential fire sprinkler systems that are in accordance with NFPA 13, 13D, or 13R shall possess a class IIIc fire sprinkler contractor license.

(2) To obtain a class IIIc fire sprinkler contractor license, a person shall:

(a) Have not less than 5 years experience in the installation, repair, modification and layout of commercial and residential fire sprinkler systems as determined by the State Fire Marshal; and

(b) Employ at least one designated qualified individual who possesses and maintains a NICET Engineering Technician Level III or higher certification or equivalent in the field of fire protection, automatic sprinkler system layout.

(3) For potable water multipurpose piping systems, contractors shall also possess a Maryland master plumber license, and shall comply with all applicable provisions of the Business Occupations and Professions Article, Title 12, Annotated Code of Maryland.

J. A person may not be permitted to serve as a designated qualified individual for more than three licensed fire sprinkler contractors.

K. Additional Authorized Work.

(1) A fire sprinkler contractor in possession of a class IIIa fire sprinkler contractor license may engage in any fire sprinkler system work covered by a class IIa or class IId fire sprinkler contractor license.

(2) A fire sprinkler contractor in possession of a class IIIb fire sprinkler contractor license may engage in any fire sprinkler system work covered by a class IIb fire sprinkler contractor license.

(3) A fire sprinkler contractor in possession of a class IIIc fire sprinkler contractor license may engage in any fire sprinkler system work covered by all other classes of fire sprinkler contractor licenses except class I.

(4) A fire sprinkler contractor in possession of a class IIa fire sprinkler contractor license may engage in any fire sprinkler system work covered by a class IId fire sprinkler contractor license only on residential sprinkler systems that are in accordance with NFPA 13D or NFPA 13R.

(5) A fire sprinkler contractor in possession of a class IIc fire sprinkler contractor license may engage in fire sprinkler system work covered by a class IIa, class IIb, or class IId fire sprinkler contractor license only on residential fire sprinkler systems that are in accordance with NFPA 13D or NFPA 13R.

L. Fire Sprinkler System Layout.

(1) Layout of plans and preparation for automatic fire sprinkler systems shall be prepared under the supervision of one of the following:

(a) The designated qualified individual employed by a fire sprinkler contractor who meets the qualification listed for the appropriate license classification under §D, E, H, or I of this regulation; or

(b) A Maryland registered professional engineer, knowledgeable in areas about fire sprinkler systems.

(2) Plans shall be marked with the fire sprinkler contractor license number and one of the following:

(a) The designated qualified individual's original signature, NICET level, certification number, and expiration date; or

(b) The original signature and seal of a professional engineer who is registered in Maryland.

(3) Plans submitted utilizing an electronic format shall be marked with the fire sprinkler contractor license number and one of the following:

(a) The designated qualified individual's digital signature, NICET level, certification number and expiration date; or

(b) The digital signature and seal of a professional engineer who is registered in Maryland.

M. Notification Requirements.

(1) Within 14 days of any change of address, the fire sprinkler contractor shall:

(a) Notify the Office of the State Fire Marshal in writing of the change;

(b) Return the license certificate requiring the revision; and

(c) Submit the fee as specified in §Q of this regulation for a revised license certificate.

(2) Within 5 business days from the termination of a designated qualified individual, the fire sprinkler contractor shall notify the Office of the State Fire Marshal in writing of the termination.

(3) Within 30 days of termination of the designated qualified individual, or prior to the expiration of a current license, whichever occurs first, the fire sprinkler contractor shall submit a new application to the Office of the State Fire Marshal identifying the new designated qualified individual as defined in Regulation .03 of this chapter.

(4) Within 14 days of any change to information submitted on the license application, the fire sprinkler contractor shall notify the Office of the State Fire Marshal in writing of the change.

N. License Expiration. All fire sprinkler contractor licenses expire 2 years after the date issued.

O. Liability Insurance Requirements.

(1) To hold any class fire sprinkler contractor license, a person shall maintain continuous comprehensive general liability insurance coverage and provide proof of this coverage in the form of a certificate of insurance with a 30-day cancellation notification provision. The Office of the State Fire Marshal shall be named as the certificate holder. Coverage under this subsection shall include:

(a) A minimum of $1,000,000 combined single limit bodily injury or death and property damage liability insurance; and

(b) Products and completed operations insurance.

(2) Failure to maintain the required coverage is considered sufficient grounds for suspension or revocation of the license.

P. Application.

(1) An application for an initial fire sprinkler contractor license shall be made to the State Fire Marshal on a form designated by the State Fire Marshal.

(2) An application for renewal of a fire sprinkler contractor license shall be submitted to the Office of the State Fire Marshal at least 30 days before the expiration date of the license on a form designated by the State Fire Marshal.

(3) The application shall be signed by the sole proprietor, by each partner of the partnership, or by an officer of the corporation or organization.

(4) Proof of the required insurance coverage, in the form of a certificate of insurance with a 30-day cancellation notification provision shall be submitted with the application. The Office of the State Fire Marshal shall be named as the certificate holder.

(5) Proof of current NICET qualification or professional engineer registration status shall be submitted with the application.

(6) The appropriate nonrefundable fee as specified in §Q of this regulation shall be submitted with the application.

Q. Fees.

(1) A nonrefundable fee set by the State Fire Prevention Commission shall be paid to the Office of the State Fire Marshal to obtain or renew a fire sprinkler contractor license or for services as follows:

(a) Initial application — $300;

(b) Renewal application — $200; and

(c) Duplicate or revised license certificate — $25.

(2) A fire sprinkler contractor who does not submit a renewal application on or prior to the expiration date of the license shall pay a late fee of $300 in addition to the license renewal fee.

(3) The State Fire Marshal shall collect the fees, keep all records of fees paid, and pay all fees collected to the General Fund of the State.

Cross References

29.06.05.02A

29.06.05.05A(3)

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.05 Denial, Suspension, and Revocation of Applications and Licenses.

A. The State Fire Marshal may deny a license to an applicant, reprimand a licensee, or suspend or revoke a fire sprinkler contractor license if the applicant or licensee:

(1) Willfully makes any false statement or misrepresentation in an initial or renewal license application;

(2) Assists a person in fraudulently or deceptively obtaining, or attempting to obtain, a license;

(3) Fails to satisfy or maintain any of the requirements set forth in Regulation .04 of this chapter;

(4) While unlicensed, performs fire sprinkler work that requires a license under this chapter;

(5) Signs or affixes the licensee's seal to any plan, print, specification, or report that has not been prepared by the licensee, either personally or under the licensee's immediate supervision;

(6) Violates COMAR 29.06.01 or any other regulation adopted by the State Fire Prevention Commission (by the fire sprinkler contractor or any employee of the fire sprinkler contractor); or

(7) Is convicted of any felony or misdemeanor violation of the State Fire Code or the fire code of any other state or the District of Columbia (by the fire sprinkler contractor or applicant, or any employee of the fire sprinkler contractor or applicant).

B. In determining whether the criminal conviction may serve as the basis for denial, suspension, revocation, or the issuance of a reprimand, the State Fire Marshal shall consider the following factors:

(1) The nature of the crime;

(2) The relationship of the crime to the activities authorized by the license;

(3) The relevance of the conviction to the fitness and qualification of the applicant or licensee to perform work authorized by the license;

(4) Any other crimes of which the applicant or licensee has been convicted;

(5) The length of time since the conviction; and

(6) The conduct of the applicant or licensee before and after the conviction.

Cross References

29.06.05.06A

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.06 Hearings for Denied, Suspended, and Revoked Applications and Licenses.

A. Except as provided in Regulation .07 of this chapter, and before any action is taken under Regulation .05 of this chapter, the State Fire Marshal shall mail to the applicant or fire sprinkler contractor at the last known address of the applicant or fire sprinkler contractor written notice stating:

(1) The basis for the contemplated action; and

(2) That the applicant or fire sprinkler contractor may request a hearing before the State Fire Prevention Commission by mailing or delivering a written request to the Commission within 20 days of the date of the written notice.

B. If an applicant or fire sprinkler contractor requests a hearing, the hearing shall be conducted by the State Fire Prevention Commission in accordance with COMAR 29.06.02.

C. Except as provided in Regulation .07 of this chapter, the State Fire Marshal may not act to deny, suspend, revoke, or reprimand until after the decision of the State Fire Prevention Commission or until after the time for requesting a hearing has expired.

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.07 Summary Suspension.

A. The State Fire Marshal may order summarily the suspension of a license if the State Fire Marshal finds that the public health, safety, or welfare imperatively requires emergency action.

B. The State Fire Marshal shall promptly give the fire sprinkler contractor licensee:

(1) Written notice of the suspension, the finding, and the reasons that support the finding; and

(2) An opportunity for a hearing before the State Fire Marshal.

Cross References

29.06.05.06A

29.06.05.06C

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.08 Appellate Procedure.

A person aggrieved by a final decision of the State Fire Prevention Commission is entitled to judicial review, as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.05.09 Penalties.

A. Unless otherwise exempt, a person may not inspect, test, perform maintenance on, install, repair, modify, or lay out any fire sprinkler system in a residential or commercial building in the State without first obtaining the appropriate license required under this chapter.

B. A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of $1,000 or imprisonment for not more than 10 days, or both.

History

  • Administrative History: Effective date: January 1, 2000 (26:25 Md. R. 1899)
  • Administrative History: ——————
  • Administrative History: Chapter revised effective May 12, 2003 (30:9 Md. R. 615)
  • Administrative History: Regulation .02B amended effective August 11, 2008 (35:16 Md. R. 1392); May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .03B amended effective August 11, 2008 (35:16 Md. R. 1392); October 7, 2019 (46:20 Md. R. 847)
  • Administrative History: Regulation .04 amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Administrative History: Regulation .04L amended effective May 7, 2018 (45:9 Md. R. 463)
  • Administrative History: Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)
  • Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland
COMAR 29.06.06 Repealed

History

  • Administrative History: Effective date: November 15, 1999 (26:23 Md. R. 1778)
  • Administrative History: Chapter repealed effective January 1, 2010 (36:25 Md. R. 1956)

29.06.07 Ground-Based Sparkling Devices

COMAR 29.06.07.01 Purpose.

This chapter establishes minimum requirements for the wholesale, retail sale, and distribution of ground-based sparkling devices.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.02 Application and Scope.

A. This chapter applies to the wholesale, retail sale, and distribution of ground-based sparkling devices.

B. This chapter does not apply to a municipal corporation or county which has adopted more stringent regulations.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Class C mercantile occupancy” means a mercantile occupancy of not more than 3,000 square feet gross area used for sales purposes on one story only, excluding mezzanines.

(2) “Ground-based sparkling device” means a device that is:

(a) Nonaerial;

(b) Nonexplosive;

(c) Labeled in accordance with the requirements of the U.S. Consumer Products Safety Commission; and

(d) Considered consumer fireworks as defined in NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01.

(3) “Open-air mercantile operation” means an operation conducted outside of all structures, with the operations area devoid of all walls and roofs except for small, individual, weather canopies.

(4) “Prepackaged ground-based sparkling device merchandise” means ground-based sparkling device items or groups of ground-based sparkling device items that have been packaged by the manufacturer or distributor before they are offered for sale to the consumer.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.04 Registration of Distributors and Wholesalers.

A. A distributor or wholesaler of sparklers or sparkling devices that intends to conduct business in the State, or sells, ships, or assigns for sale in the State the products of the distributor or wholesaler, shall register annually with the Office of the State Fire Marshal on forms prescribed by the State Fire Marshal.

B. Registration forms may be obtained at the Office of the State Fire Marshal Headquarters, 1201 Reisterstown Road, Building C, Pikesville, MD 21208 and at State Fire Marshal installations throughout the State.

C. Completed registration forms and a nonrefundable annual fee of $750 shall be forwarded to the Office of the State Fire Marshal Headquarters.

D. Upon confirmation of registration, the registrant shall submit to the Office of the State Fire Marshal a list of all retail sales facilities located in the State receiving ground-based sparkling devices for sale to the general public and the locations of the facilities.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.05 Sales and Storage of Ground-Based Sparkling Devices.

A. Wholesalers and distributors of ground-based sparkling devices shall comply with the permits and approvals requirements and Chapter 65 “Explosives, Fireworks, and Model Rocketry” of NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this chapter.

B. Ground-based sparkling devices may be sold or distributed in any of the following buildings or structures:

(1) Permanent buildings or structures constructed in accordance with the codes enforced by the authority having jurisdiction;

(2) Tents, canopies, or temporary membrane structures comply with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01;

(3) Temporary structures measuring 800 square feet or less, constructed in accordance with this chapter; and

(4) Temporary ground-based sparkling device sales or distribution stands greater than 800 square feet in area which meet the requirements for a permanent structure.

C. All storage of ground-based sparkling devices:

(1) Shall be secured to prevent unauthorized access by the public;

(2) May not be located in direct sunlight; and

(3) May not exceed 5 percent of the basement floor area if located in a basement.

D. Ground-based sparkling devices sales and distribution facilities may not be located in basements.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.06 Quantities.

A. Except for permanent buildings and structures used exclusively for sale and distribution of ground-based sparkling devices, permanent buildings and structures may not have more than 5 percent of their gross sales or distribution floor area for ground-based sparkling devices display.

B. Open-air mercantile operations may not exceed:

(1) 200 pounds pyrotechnic composition; or

(2) If the pyrotechnic composition weight is not known, 800 pounds gross weight.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.07 Displays.

A. All ground-based sparkling devices merchandise offered for sale or distribution shall be prepackaged with a packaging arrangement which completely encapsulates the ground-based sparkling device item or items with paperboard, cardboard, plastic wrap, or similar materials or combinations of materials. The encapsulation shall ensure that an individual must puncture, tear, unseal, or break open the package, or otherwise damage or destroy the packaging materials in order to gain access to, and directly handle, each individual ground-based sparkling device item to expose its fuse.

B. A display may not exceed 3,000 square feet unless the building or structure in which it is located is protected throughout by an approved automatic sprinkler system.

C. Height and Clearance. Ground-based sparkling devices on display or located on shelves, counters, or other fixtures may only be displayed with at least an 18-inch clearance from the ceiling and in temporary sales or distribution stands where the interior is not accessible to the general public, not higher than 8 feet from the floor surface.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.08 Fire Protection.

Portable fire extinguishers shall be installed as required for extra-hazard occupancy protection and shall comply with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.09 Means of Egress.

A. Means of egress in ground-based sparkling devices sales or distribution facilities shall comply with the requirements of NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this regulation.

B. Means of egress in tents and membrane structures used for the sales or distribution of ground-based sparkling devices shall comply with NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01 and NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, unless otherwise modified by this regulation.

C. An approved fire safety and evacuation plan shall:

(1) Be in writing;

(2) Be maintained current; and

(3) Be posted in a conspicuous location that is accessible to the public as well as to persons employed or otherwise working in the facility.

D. Exit openings from tents shall have a clear opening width of at least 44 inches.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.10 Sources of Ignition.

Electrical wiring shall be in accordance with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.11 Repealed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.12 Temporary Heating Sources.

Temporary heating units shall be listed by a testing laboratory approved by the Office of the State Fire Marshal and used in accordance with their listing.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.13 Generators.

A. Scope. This regulation does not limit the type and quantity of fuel for generators and their fuel storage located not less than 50 feet from the exterior of the sales or distribution facility.

B. Generators using flammable or combustible liquid or gas fuels supplying power to ground-based sparkling devices sales or distribution facilities may not be located less than 20 feet from the exterior of the sales or distribution facility.

C. Combustible and flammable liquid generator fuel may not:

(1) Exceed 5 gallons; or

(2) Be stored less than 20 feet from the exterior of a sales or distribution facility.

D. Flammable gas generator fuel may not:

(1) Exceed 20 pounds; or

(2) Be stored less than 20 feet from the exterior of a sales or distribution facility.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.14 Personnel.

A. At least one individual 18 years old or older shall be:

(1) Present at all times in sales and distribution facilities during the hours of sale and distribution to the public; and

(2) Responsible for supervision of the facility and its operation.

B. All personnel handling ground-based sparkling devices shall be 16 years old or older.

C. All personnel handling ground-based sparkling devices shall receive safety training related to the performance of their duties. Training shall include, but not be limited to, safe handling instructions, emergency procedures, and the use of portable fire extinguishers.

D. The distributor shall provide detailed safe handling instruction guidelines for sales and distribution personnel with all packing information for ground-based sparkling devices.

E. The distributor shall provide the retailer with a list of ground-based sparkling devices approved for sale by the Office of the State Fire Marshal.

F. Personnel may not sell ground-based sparkling devices to a person younger than 16 years old as set forth in Public Safety Article, §10-112, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.15 Signs.

A. In facilities used exclusively for the sale or distribution of ground-based sparkling devices, a sign reading “PERSONS UNDER 16 MUST BE ACCOMPANIED BY, AND UNDER THE SUPERVISION OF, A RESPONSIBLE PERSON AT LEAST 18 YEARS OLD” shall be conspicuously posted in letters not less than 1 inch high, on a contrasting background, at each entrance to the sales or distribution facility to which the general public has access to the interior.

B. Where not otherwise required by local or state laws, ordinances, or regulations, a sign reading “NO GROUND-BASED SPARKLING DEVICE SALES OR DISTRIBUTION TO PERSONS UNDER 16 YEARS OLD. PHOTO I.D. REQUIRED” shall be conspicuously posted in letters not less than 1 inch high at:

(1) Each entrance of the sales or distribution facility or in the vicinity of the ground-based sparkling device sales or distribution display; and

(2) The point of sale or distribution.

C. At least one sign reading “NO SMOKING OR OPEN FLAME DEVICES WITHIN 50 FEET”, in letters at least 2-inches high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet of every aisle directly serving the ground-based sparkling device sale or distribution display area in the facility.

D. At least one sign reading “NO GROUND-BASED SPARKLING DEVICE DISCHARGE WITHIN 300 FEET”, in letters at least 2-inches high on a contrasting background, shall be conspicuously posted in the vicinity of the ground-based sparkling device sales or distribution display, or as otherwise required by the authority having jurisdiction.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.16 Repealed.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland
COMAR 29.06.07.17 Penalties.

A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of $1,000, imprisonment for not more than 10 days, or both, as set forth in Public Safety Article, §6-601, Annotated Code of Maryland.

History

  • Administrative History: Effective date:
  • Administrative History: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003
  • Administrative History: ——————
  • Administrative History: Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209)
  • Administrative History: Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436)
  • Administrative History: Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533)
  • Administrative History: Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)
  • Authority: Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland

29.07.01 Nongovernmental Electrical Inspectors

COMAR 29.07.01.01 Eligibility.

A. Except as provided under §B of this regulation, the following are the minimum eligibility qualifications to become a nongovernmental electrical inspector:

(1) Completion of an apprenticeship as an electrician;

(2) 5 years of documented progressive experience in the electrical trade; and

(3) Pass a written examination administered by the State Fire Marshal:

(a) One re-examination shall be permitted per initial application fee; and

(b) Re-examination must be scheduled not less than 30 days and not more than 90 days from the original examination date.

B. Instead of the experience required under §A of this regulation, an electrical engineering degree or accumulated credits in combination with education, training, and experience may be considered by the Office of the State Fire Marshal to meet the qualifications.

History

  • Administrative History: Effective date: February 12, 2007 (34:3 Md. R. 302)
  • Administrative History: Regulation .01A amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .02A, C amended effective April 4, 2011 (38:7 Md. R. 433)
  • Authority: Public Safety Article, §12-605, Annotated Code of Maryland
COMAR 29.07.01.02 Certification.

A. An applicant for initial certification shall pay to the State Fire Marshal an application fee of $100 and shall pass a comprehensive written examination.

B. Initial certifications are valid for varying amounts of time, depending on the date of certification.

C. Applicants are required to renew their certification before the expiration date by submitting a renewal application and a $50 renewal fee to the State Fire Marshal.

D. Renewal certifications are valid for 3 years.

History

  • Administrative History: Effective date: February 12, 2007 (34:3 Md. R. 302)
  • Administrative History: Regulation .01A amended effective April 4, 2011 (38:7 Md. R. 433)
  • Administrative History: Regulation .02A, C amended effective April 4, 2011 (38:7 Md. R. 433)
  • Authority: Public Safety Article, §12-605, Annotated Code of Maryland

29.08.01 Covert Investigations and Criminal Intelligence

COMAR 29.08.01.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) Covert Investigation.

(a) “Covert investigation” means an infiltration of or attempt to infiltrate a group or organization in a manner that conceals the identity of the law enforcement agency or the identity of an officer or agent of the law enforcement agency.

(b) “Covert investigation” does not include the use of plainclothes officers or employees for crowd control and public safety purposes at public events.

(2) “Criminal intelligence” means information concerning or related to the detection, investigation, deterrence, or prevention of crime or the apprehension and prosecution of a suspected criminal.

(3) “Department” means the Department of State Police.

(4) “First Amendment activities” means:

(a) Activities involving constitutionally protected speech or association; or

(b) Conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, or the right to petition the government.

(5) “Legitimate law enforcement objective” means the detection, investigation, deterrence, or prevention of crime, or the apprehension and prosecution of a suspected criminal.

(6) Reasonable, Articulable Suspicion of Criminal Activity.

(a) “Reasonable, articulable suspicion of criminal activity” means an objective, factual basis for initiating or pursuing an investigation, which basis is substantially less than that required to establish probable cause.

(b) “Reasonable, articulable suspicion of criminal activity” is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 432)
  • Authority: Public Safety Article, §3-701, Annotated Code of Maryland
COMAR 29.08.01.02 Purposes.

A. The purposes of this subtitle are:

(1) To establish the responsibilities of the Department related to investigations involving the exercise of First Amendment activities; and

(2) To recognize and respect the rights of persons, groups, and organizations engaged in First Amendment activities.

B. This subtitle applies only to investigations involving First Amendment activities.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 432)
  • Authority: Public Safety Article, §3-701, Annotated Code of Maryland
COMAR 29.08.01.03 Policy.

A. The Department shall endeavor to maintain the appropriate balance between the constitutional rights afforded to each citizen and the legitimate needs of law enforcement.

B. The Department shall only engage in intelligence gathering, retention, and dissemination activities that may infringe on First Amendment rights to further legitimate law enforcement objectives and in accordance with the procedures and prohibitions set forth in this chapter.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 432)
  • Authority: Public Safety Article, §3-701, Annotated Code of Maryland
COMAR 29.08.01.04 Procedures.

A. Covert Investigations Involving First Amendment Activities.

(1) The Department may not conduct a covert investigation of a person, a group, or an organization engaged in First Amendment activities unless the Secretary or designee makes a written finding that the covert investigation is justified because it is based on a reasonable, articulable suspicion that the person, group, or organization is planning or engaged in criminal activity and a less intrusive method of investigation is not likely to yield satisfactory results.

(2) The written finding shall, if possible, be made in advance of the initiation of the covert investigation or as soon thereafter as is practicable.

(3) Membership or participation in a group or organization engaged primarily in First Amendment activities does not alone constitute reasonable, articulable suspicion of criminal activity justifying a covert investigation.

(4) Reports.

(a) It is the responsibility of the sworn Criminal Intelligence Section (CIS) supervisor to ensure that all activities are properly reported and documented by the covert operative.

(b) A report shall be prepared on the approved Department form for each and every incident of contact between the covert operative and the target of the investigation.

(c) A report shall be submitted as soon as possible, but in no case later than 2 working days after the contact. Further delay in the submission of these reports requires the approval from the sworn CIS supervisor.

(d) Each report shall be reviewed and evaluated by the sworn CIS supervisor to determine if there is a continuing need to conduct the covert investigation involving First Amendment activities.

(e) The report shall be reviewed not later than 5 working days after its submission, and the decision whether or not to continue with the investigation shall be made in writing and include the reasons for continuing or discontinuing the investigation.

(5) An investigation involving First Amendment activities shall be terminated when logical leads have been exhausted or no legitimate law enforcement objective justifies the continuation of the investigation.

B. Collection, Dissemination, Retention, Database Inclusion, Purging and Auditing of Records Involving First Amendment Activities.

(1) The Department may not collect or maintain information solely about the political beliefs, ideologies, or associations of any person, group, or organization, unless the information is relevant to a criminal investigation or there is a reasonable, articulable suspicion that the person, group, or organization advocates, supports, or encourages the violation of any federal, State, or local criminal law that prohibits acts of terrorism, racketeering activity, as found in 18 U.S.C. §1961, violence, extortion, destruction of property, intimidation, harassment, obstruction of justice, or fraud.

(2) Criminal intelligence related to First Amendment activities shall be reviewed by a supervisor prior to entry into any criminal intelligence file to ensure that:

(a) It is being retained in accordance with this regulation;

(b) It has been classified accurately; and

(c) It reflects the purpose for which the information is collected.

(3) The Department shall evaluate intelligence regarding First Amendment activities with respect to the reliability of the source and the validity and accuracy of the content.

(4) A record shall be kept of the source of all information.

(5) The Department may not knowingly include in its criminal intelligence files any information that has been obtained in violation of Public Safety Article, §3-701, Annotated Code of Maryland.

(6) Criminal intelligence gathered and maintained by the Department regarding First Amendment activities may be disseminated only to appropriate persons for legitimate law enforcement objectives. Dissemination of criminal intelligence of the type described in this subtitle shall be recorded in such a manner that the recipient of the intelligence, date of dissemination, manner of dissemination, and information disseminated are known.

(7) The Department shall disseminate criminal intelligence information regarding First Amendment activities only to law enforcement authorities who agree to follow procedures regarding information receipt, maintenance, security, and dissemination that are consistent with the principles underlying the procedures and prohibitions of this subtitle and applicable State and federal law.

(8) Review and Maintenance of Files.

(a) All criminal intelligence files related to First Amendment activities shall be maintained in accordance with the goals and objectives of this subtitle and to ensure that these files include information that is accurate, timely, and relevant.

(b) Reclassifying and purging information in the criminal intelligence files shall be done on an ongoing basis as documents are reviewed.

(c) All information retained as a result of this review shall reflect the name of the reviewer, date of the review, and an explanation of the decision to retain the information.

(d) Purging Files.

(i) If a file has no further informational value or meets the purging criteria of any applicable law, it shall be destroyed.

(ii) A record of purged files shall be maintained by the Department.

(iii) Any information that is misleading, obsolete, or otherwise unreliable shall be purged.

(9) Audit; Report.

(a) An audit of these criminal intelligence files is to be undertaken annually.

(b) The audit shall reflect whether documents have been created, retained, disseminated, and purged in accordance with State and federal law.

(c) The audit report shall be submitted to the Director, Criminal Intelligence Section, for review and implementation of any needed corrective actions.

C. Training and Review of Regulations.

(1) The Department shall ensure that all members assigned to the section receive training regarding this subtitle and applicable federal and State law.

(2) Training shall be documented in the member's training records.

(3) An annual review of this subtitle shall be conducted and new proposals made based on recent court decisions, changes in federal or State law, and national best practices.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 432)
  • Authority: Public Safety Article, §3-701, Annotated Code of Maryland
COMAR 29.08.01.05 Prohibited Practices.

A. A member of the Department may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against a person engaged in a First Amendment activity for the purpose of punishing a person for, retaliating against a person for, or preventing or hindering a person from exercising constitutional rights.

B. Members of the Department may not:

(1) Collect or disseminate information that becomes known to them through covert investigations or through access to criminal intelligence, except as specifically provided by this subtitle and State and federal law;

(2) Employ or direct an individual to obtain intelligence data in a manner that is inconsistent with this subtitle or State and federal law; or

(3) Use any information that becomes known to them through covert surveillance, covert investigations, or access to criminal intelligence for political or economic purposes or for personal gain.

History

  • Administrative History: Effective date: March 8, 2010 (37:5 Md. R. 432)
  • Authority: Public Safety Article, §3-701, Annotated Code of Maryland

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