§ 8-101. Definitions

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

(b) Commission. -- "Commission" means the Maryland Home Improvement Commission.

(c) Contractor. -- "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. -- "Contractor license" means a license issued by the Commission to act as a contractor.

(e) Fund. -- "Fund" means the Home Improvement Guaranty Fund.

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

(g) Home improvement. --

   (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. -- "Home improvement contract" means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement.

(i) License. --

   (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;

      (ii) a subcontractor license; and

      (iii) a salesperson license.

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

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

(l) Salesperson. -- "Salesperson" means a person who sells a home improvement.

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

(n) Sell a home improvement. -- "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. -- "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.

(p) Subcontractor license. -- "Subcontractor license" means a license issued by the Commission to act as a subcontractor.

HISTORY: An. Code 1957, art. 56, § 249; 1992, ch. 4, § 2; ch. 649; 1994, ch. 120; 1999, ch. 34, § 1; ch. 483; 2008, ch. 119, § 1; 2011, ch. 333.