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Statutes Text

Article - Business Regulation




§8–101.

    (a)    In this title the following words have the meanings indicated.

    (b)    “Commission” means the Maryland Home Improvement Commission.

    (c)    “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner.

    (d)    “Contractor license” means a license issued by the Commission to act as a contractor.

    (e)    “Fund” means the Home Improvement Guaranty Fund.

    (f)    “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title.

    (g)    (1)    “Home improvement” means:

            (i)    the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or

            (ii)    an improvement to land adjacent to the building.

        (2)    “Home improvement” includes:

            (i)    construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool;

            (ii)    a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property;

            (iii)    connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines;

            (iv)    installation, in the building or structure, of an awning, fire alarm, or storm window; and

            (v)    work done on individual condominium units.

        (3)    “Home improvement” does not include:

            (i)    construction of a new home;

            (ii)    work done to comply with a guarantee of completion for a new building project;

            (iii)    connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines;

            (iv)    sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials;

            (v)    work done on apartment buildings that contain four or more single–family units; or

            (vi)    work done on the commonly owned areas of condominiums.

    (h)    “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement.

    (i)    (1)    “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission.

        (2)    “License” includes:

            (i)    a contractor license; and

            (ii)    a salesperson license.

    (j)    “Licensed contractor” means a person who is licensed by the Commission to act as a contractor.

    (k)    “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement.

    (l)    “Salesperson” means a person who sells a home improvement.

    (m)    “Salesperson license” means a license issued by the Commission to sell a home improvement.

    (n)    “Sell a home improvement” means:

        (1)    to negotiate or offer to negotiate a home improvement contract with an owner; or

        (2)    to seek to get a home improvement contract from an owner.

    (o)    “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with:

        (1)    a contractor to perform all or part of a home improvement contract; or

        (2)    another subcontractor to perform all or part of a subcontract to a home improvement contract.



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