(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.
Credits
Added by Acts 1992, c. 4, § 2. Amended by Acts 1992, c. 649; Acts 1994, c. 120, § 1, eff. Oct. 1, 1994; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 1999, c. 483, § 1, eff. Oct. 1, 1999. Amended by Acts 2008, c. 119, § 1, eff. July 1, 2008; Acts 2011, c. 333, § 1, eff. July 1, 2011; Acts 2016, c. 370, § 1, eff. July 1, 2016.
Formerly Art. 56, § 249.
MD Code, Business Regulation, § 8-101, MD BUS REG § 8-101
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
