Maryland Administrative Code

.21 Power Boiler — Existing Installation: Boiler Feed System. A. A boiler shall have a feed supply which permits it to be fed at any time while under pressure. B. A boiler having more than 500 square feet of water-heating surface shall have at least two means of feeding, as follo…

.22 Power Boiler — Existing Installation: Maximum Allowable Working Pressure. A. The maximum allowable working pressure on a standard boiler shall be determined in accordance with the ASME Code under which it was constructed and stamped. B. The maximum allowable working pressure …

.23 Power Boiler — Existing Installation: Other Equipment. A. Blowoff Connection. (1) A boiler shall have a blowoff pipe, fitted with a valve or cock, connected directly to the lowest water space. The following apply: (a) A cock shall be of the gland or guard type, suitable for t…

.24 Power Boiler — Existing Installation: Safety Valve. A. A weighted-lever safety valve or a safety valve having a cast iron seat or disc: (1) May not be used after October 15, 1975; and (2) Shall be replaced by a direct, spring-loaded, pop-type valve that complies with the requ…

.25 Power Boiler — Existing Installation: Miscellaneous. A. Repair or replacement of a fitting or appliance shall comply with the ASME Code. B. The ASME Code, Section VII, Recommended Guidelines for the Care of Power Boilers, is recommended as a guide for safe operating practices…

.26 Pressure Vessel — Existing Installation. A. The maximum allowable working pressure for a standard pressure vessel: (1) Shall be determined in accordance with the ASME Code under which it was constructed and stamped; and (2) May not exceed the pressure shown on the manufacture…

.27 Repair. A. All repairs and alterations of boilers and pressure vessels shall conform to the requirements of the NBIC. B. The person performing repairs and alterations on a boiler or pressure vessel shall provide the chief boiler inspector with reports related to the repair as…

.28 Reporting Requirements. A. Accident or Explosion Report. (1) After an accident or explosion the owner or operator shall notify the chief boiler inspector within 24 hours by email and by telephone. (2) Notification under §A(1) of this regulation shall contain the following inf…

.29 Safety Appliance Removal. A. When a boiler or pressure vessel is operating, a person may not remove, modify, alter, or repair a safety appliance required by these regulations. B. When a boiler or pressure vessel is not operating and a safety appliance is removed for modificat…

.30 Stamping. A. At the first post-installation internal or certificate inspection, the inspector shall assign to a boiler or pressure vessel a Maryland serial number that is: (1) At least 5/16 of an inch in height; (2) Configured as follows: (a) For power boilers <MD> MD 0000; (…

.31 Variance from Regulation. A. A person who believes that a regulation is unreasonable or imposes an undue burden on an owner may request the Board of Boiler Rules to grant a variance from that regulation. B. An application for variance shall: (1) Be in writing; (2) Specify the…

.32 Vacant

.33 Model Steam Boilers. A. Model steam boilers are subject to the requirements of Regulations .01, .01-1, .05, .08, .09, .14—.16, .19, and .27—.31 of this chapter. B. Repealed. C. A model steam boiler may not be operated in Maryland unless it has a valid: (1) Maryland inspection…

.34 Historic Boilers. A. Except as provided for in this regulation, a historical boiler shall be installed, inspected, operated, repaired, or altered in accordance with the NBIC. B. Inspection. (1) An initial inspection shall be conducted: (a) To determine baseline criteria neede…

.35 Citations. A. If, after an inspection or investigation, the Commissioner finds that, within the immediately preceding 6 months, a person has violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law…

.36 Penalties. A. The Commissioner may impose a civil penalty, not exceeding $1,000 for each violation, against a person who violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, if: (1) The violat…

.37 Miniature Boilers. A. Miniature boilers are exempt from the requirements of CSD-1, except that they shall have: (1) An emergency shut-off switch located outside of the main point of access and egress to the boiler room, unless the installer can establish that this location wo…

.38 Kitchen Equipment Boilers. A. Kitchen equipment boilers are exempt from the requirements of CSD-1, except that they shall have: (1) An emergency shut-off switch located outside of the main point of access and egress to the kitchen, unless the installer can establish that this…

.01 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means a person, employed or unemployed, who either seeks employment or enters into an arrangement concerning employment through an employment agency. “Applicant” does not includ…

.02 Out-of-State Agency. A. Any out-of-State employment agency shall obtain an employment agency license and bond if the agents, managers, or counselors act as an employment agency in this State. B. This regulation applies to an out-of-State employment agency operating from eithe…

.03 Providing Copies of the Law. An employment agency shall provide each general manager and counselor with a current copy of the employment agency law and regulations.

.04 Contracts. Each contract that an employment agency submits to an applicant shall: A. Be printed in 6-point type size or larger; and B. State: (1) "Employment shall be considered to be temporary when within 90 days after employment commences the employment is terminated throug…

.05 Fee Statement. An employment agency shall provide to each applicant a separate document clearly stating the: A. Fee amount; B. Annual interest percentage rate; and C. Amount of any service charge or interest.

.06 Records. A. Each employment agency shall maintain a record of services provided to each employer and applicant. B. Each record shall: (1) Be maintained for a period of 2 years; (2) Contain the following: (a) The name and address of the employer and the applicant; (b) A descri…

.07 Third Party Representative. A. When an employer requests a third party representative to recommend an individual for employment in the same, similar, or other affiliated place of employment, and the representative requests an employment agency to refer applicants to be interv…

.08 Refunds. A. An employment agency shall comply with the provisions concerning placement fee refunds set forth in Business Regulation Article, §9-318, Annotated Code of Maryland. B. When the Commissioner of Labor and Industry orders a refund to be made by an employment agency t…

.09 Fee Payment. A. When an applicant is referred to the same position or employer by two employment agencies, the fee shall be paid to the employment agency which was instrumental in securing the position. B. An applicant who accepts an employer fee-paid position may be held lia…

.10 Prohibited Solicitations and Inducements. An employment agency may not solicit, persuade, or induce: A. After receiving a fee, any applicant to leave any employment in which the employment agency has placed the applicant; or B. An employer to discharge an employee placed by t…

.11 Special Services Agreement. A. An employment agency may negotiate a separate agreement with an employer for special services regarding: (1) Recruitment; (2) Search; (3) Screening; (4) Referrals; and (5) Placement. B. Any separate agreement may not violate the law or these reg…

.12 Job Order Number. An employment agency shall: A. Assign each employee fee-paid or employer fee-paid position a job order number; B. Include the job order number assigned to the position in: (1) Any advertisement, and (2) The file of the order; and C. Maintain job orders in nu…

.13 Employment Counselor's License. A person licensed as an employment counselor by the Commissioner shall: A. Display the license in a prominent place at the employment agency where the counselor is employed; and B. When acting in the capacity of an employment counselor, use onl…

.14 Rules of Procedure for Hearings. A. This regulation supplements the requirements of State Government Article, §10-208, Annotated Code of Maryland. B. Hearing Procedure. (1) During a hearing, a party in interest may make any relevant statement or argument either directly or th…

.01 Definitions. A. In this chapter and COMAR 09.12.21 and 09.12.22, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Maryland Occupational Safety and Health Act, Labor and Employment Article, Title 5, Annotated Code of Maryland. (2) “Establi…

.02 Posting Notice and Copies of the Act. A. An employer shall post a notice, available from the Commissioner, which informs employees: (1) Of the protections and obligations provided for by the Act; and (2) That for assistance and information, including copies of the Act and of …

.03 Inspection Procedures. A. Authority For Inspection. An inspector is authorized to: (1) Conduct inspections in accordance with §5-208 of the Act; and (2) Review: (a) Records required by the Act, and by regulations and occupational safety and health standards adopted under the …

.04 Complaints by Employees. A. Complaint Inspection. (1) If upon receipt of a complaint, the Commissioner or the Commissioner's authorized representative determines that the complaint meets the requirements in §5-209(a) of the Act and that there are reasonable grounds to believe…

.05 Protection of Employees Under §5-604 of the Act. A. Employee Rights. With regard to §5-604 of the Act, the exercise of “a right under this title” includes a right: (1) Explicitly provided in the Act, such as the right to participate as a party in an enforcement proceeding; (2…

.06 Imminent Danger. A. In this regulation, “imminent danger” means a condition or practice which exists in a place of employment that reasonably could be expected to cause death or serious physical harm: (1) Immediately; or (2) Before the imminence of the danger can be eliminate…

.07 Issuance of a Citation and Notice of De Minimis Violations. A. In this regulation, the following terms have the meanings indicated. B. Terms Defined. (1) “Controlling employer” means the employer who is responsible, by contract or through actual practice, for safety and healt…

.08 Posting of Notices and Citations. A. Posting of Citations. (1) Upon receipt of a citation issued under the Act, an employer shall immediately post the citation, or an unedited copy, at or near the place the alleged violation referred to in the citation occurred, or if, becaus…

.09 Employer and Employee Contests. A. “Notice of contest” includes a notice of intent to contest. B. Notification. (1) An employer to whom a citation has been issued may, in accordance with §5-213 of the Act, notify the Commissioner in writing that the employer contests the cita…

.10 Failure to Correct a Cited Violation. A. If an inspection discloses that an employer has failed to correct a cited violation within the period permitted for its correction, the Commissioner or the Commissioner's authorized representative shall notify the employer by certified…

.11 Informal Conferences. A. At the request of an affected employer, employee, or representative of employees, the Commissioner or the Commissioner's authorized representative may hold an informal conference to discuss issues raised by the inspection, citation, proposed penalty, …

.12 Penalties. A. Scope. This regulation applies to the assessment of civil penalties by the Commissioner under Labor and Employment Article, §§5-809 and 5-810, Annotated Code of Maryland, in all cases arising from inspections conducted on and after the effective date of this reg…

.13 Hearings — General. A. Application. (1) This regulation supplements the notice and hearing requirements of the Administrative Procedure Act—Contested Cases, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (2) In the event of a conflict with COMAR 2…

.14 Hearings — Prehearing Conference. A. A party may request a prehearing conference with the assistant attorney general assigned to the case to: (1) Exchange information; (2) Attempt to resolve or narrow the issues; or (3) Discuss settlement of a case. B. Request for Prehearing …

.15 Hearings — Conduct of Hearing. A. Powers and Duties of Hearing Examiner. (1) A hearing examiner shall: (a) Conduct a fair and impartial hearing to: (i) Fully elicit all the facts, (ii) Adjudicate all issues, and (iii) Avoid delay; and (b) Exclude evidence which is irrelevant,…