(a) The Commissioner may prohibit use of an elevator unit after determining, based on an inspection, that:
(1) the elevator unit violates § 12-806 of this subtitle; or
(2) there is a substantial probability that death or serious physical harm could result from continued use of the elevator unit.
(b) The Commissioner shall issue a written notice prohibiting use of the elevator unit to the contractor, owner, lessee, or agent in charge of the elevator unit.
(c) A copy of the notice:
(1) shall be attached to the elevator unit; and
(2) may not be removed until a State inspector determines that the elevator unit complies with this subtitle.
(d) Use of the elevator unit is prohibited while a notice is posted on the elevator unit.
(e) A person aggrieved by the decision to prohibit use of an elevator unit may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable.
(f) An action under this section shall be brought in the circuit court for the county where the elevator unit is located.
(g) In a proceeding under this section, a court may not stay an order of the Commissioner unless:
(1) the court gives the Commissioner notice and an opportunity for a hearing; and
(2) the aggrieved person posts security or meets any other condition that the court considers proper.
Structure Maryland Statutes
Title 12 - Building and Material Codes; Other Safety Provisions
Part II - Registration and Inspection of Elevators
Section 12-804 - Scope of Part; Applicability of Other Provisions
Section 12-805 - Administration and Enforcement
Section 12-806 - Safety Standards for Elevators
Section 12-807 - Certificate Required
Section 12-808 - Registration With Commissioner
Section 12-809 - Inspections Generally
Section 12-810 - Final Acceptance Inspection
Section 12-811 - Issuance of Certificate; Posting; Scope
Section 12-812 - Term of Certificate; Periodic Inspection
Section 12-813 - Cancellation of Inspection; Maintenance of Records; Filing With Commissioner
Section 12-814 - Inspection Discloses Unsafe Conditions
Section 12-814.1 - Prohibition Against Use of Unsafe Elevator
Section 12-815 - Warning Signs in Case of Fire
Section 12-816 - Elevator in New Building to Accommodate Rescue Litter