Md. Code Regs. 29.06.05.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 29.06.05.05 - Denial, Suspension, and Revocation of Applications and Licenses

A. The State Fire Marshal may deny a license to an applicant, reprimand a licensee, or suspend or revoke a fire sprinkler contractor license if the applicant or licensee:

(1) Willfully makes any false statement or misrepresentation in an initial or renewal license application;

(2) Assists a person in fraudulently or deceptively obtaining, or attempting to obtain, a license;

(3) Fails to satisfy or maintain any of the requirements set forth in Regulation .04 of this chapter;

(4) While unlicensed, performs fire sprinkler work that requires a license under this chapter;

(5) Signs or affixes the licensee's seal to any plan, print, specification, or report that has not been prepared by the licensee, either personally or under the licensee's immediate supervision;

(6) Violates COMAR 29.06.01 or any other regulation adopted by the State Fire Prevention Commission (by the fire sprinkler contractor or any employee of the fire sprinkler contractor); or

(7) Is convicted of any felony or misdemeanor violation of the State Fire Code or the fire code of any other state or the District of Columbia (by the fire sprinkler contractor or applicant, or any employee of the fire sprinkler contractor or applicant).

B. In determining whether the criminal conviction may serve as the basis for denial, suspension, revocation, or the issuance of a reprimand, the State Fire Marshal shall consider the following factors:

(1) The nature of the crime;

(2) The relationship of the crime to the activities authorized by the license;

(3) The relevance of the conviction to the fitness and qualification of the applicant or licensee to perform work authorized by the license;

(4) Any other crimes of which the applicant or licensee has been convicted;

(5) The length of time since the conviction; and

(6) The conduct of the applicant or licensee before and after the conviction.

Md. Code Regs. 29.06.05.05

Regulation .05A amended effective August 11, 2008 (35:16 Md. R. 1392)