2013 Maryland Code
PUBLIC SAFETY
§ 12-202 - Maryland Accessibility Code

§12-202.

(a) In this section, “Department” means the Department of Housing and Community Development.

(b) (1) The Department shall adopt by regulation a State building code to make buildings and facilities accessible and usable by individuals with physical disabilities to the extent feasible.

(2) The regulations shall be developed in conjunction with:

(i) the Governor’s Committee on Employment of People with Disabilities;

(ii) the Maryland Rehabilitation Association; and

(iii) the Maryland Society of Architects.

(c) The Maryland Accessibility Code shall be enforced by local jurisdictions or any other governmental units with authority over buildings or facilities.

(d) The Department:

(1) shall decide questions of interpretation of the Maryland Accessibility Code; and

(2) may authorize waivers or exemptions under the Maryland Accessibility Code.

(e) In addition to any other penalty for a violation of the Maryland Accessibility Code, the Department shall investigate to determine if a violation exists.

(f) (1) If the Department determines that a violation of the Maryland Accessibility Code exists, the Department may resolve any issue related to the violation by mediation and conciliation.

(2) In addition, the Department may bring an action for equitable or other appropriate relief in a court in the jurisdiction in which the violation occurred, including an action to enjoin the construction, renovation, or occupancy of a building or facility that violates the Maryland Accessibility Code.

(3) Notwithstanding paragraph (2) of this subsection, the Department may not seek an injunction until 5 working days after the Department has sought to resolve the violation through mediation and conciliation.

(g) The Attorney General may prosecute civil cases that arise under this section that are referred to the Attorney General by the Department.

(h) (1) The Department shall cooperate with and provide technical assistance to the Commission on Civil Rights concerning an action brought by the Commission on Civil Rights to enforce § 20-705 or § 20-706 of the State Government Article.

(2) This section does not limit the authority of the Commission on Civil Rights to enforce §§ 20-705 and 20-706 of the State Government Article.

(i) (1) A person may not willfully violate the Maryland Accessibility Code.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 3 months or a fine not exceeding $500 for each day the violation exists or both.

(3) A penalty imposed under this subsection is in addition to and not a substitute for any other penalty imposed under federal, State, or local law.