Md. Code Regs. 09.12.53.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.53.04 - Relationship to Federal Law

A. There is also federal law governing many of the buildings and facilities covered by this Code, and to the extent federal law is more restrictive than this Code, federal law shall control. Federal law also governs some buildings and facilities which are not covered by this Code. For instance, the Americans with Disabilities Act requires owners of existing buildings to make changes that are "readily achievable to accommodate individuals with disabilities".

B. The Department has no authority to interpret federal law. When this Code is parallel with federal law, the Department may only interpret the Code as State law and its interpretations are not binding interpretations of the concurrent federal law.

C. The Department has no authority to waive requirements imposed by federal law, and only where this Code is more restrictive than federal law can the Department exercise its waiver or exemption authority.

Md. Code Regs. 09.12.53.04

Regulation .04 recodified from 05.02.02.04 effective 46:6 Md. R. 345, eff. 3/25/2019