The following questions are most frequently submitted to the Maryland Home
Improvement Commission. These questions and answers are provided for informational purposes only and
should not be considered as legal advice. If you have legal questions, you may wish to consult an
attorney. MHIC does not provide legal advice.
- Advertising
- Business License
- Carpet Installation
- Central Vacuum System
- Chimney Sweeps
- Cleaning and Maintenance
- Complaint History
- Demolition
- Driveway Sealcoating
- Exam Preparation
- Home Theatres
- House Painting
- Gravel Driveways
- Guaranty Fund for Home Improvement
- Interior Window Treatments
- Lead Paint
- License Application
- Marine Contractor License
- Mediation
- Mold Remediation
- New Home Construction
- Out-of-State Contractor's
License
- Paper License
- Patios and Retaining Walls
- Permits
- Playgrounds
- Pole Buildings
- Reciprocity
- Salespersons
- Sheds
- Show Cause Hearings
- Solar Panels
- Subcontractor
License
- Tree Cutters
- Unlicensed Contractors
- Warranties
1. Advertising
What information is required to be contained in an advertisement for home improvement services? Also, is a
discount on the price of the project for signing a home improvement contract by a certain date considered
a gift or bonus award? Or are gifts and bonus awards considered to be only things other than the products
and services offered in the home improvement and the price paid?
Each home improvement advertisement must contain the name and license number of the contractor. Ads cannot
be deceptive, false, or misleading. Any advertisement that offers a discount coupon may not contain a
requirement that the coupon be presented before the contractor provides an estimate or proposal. If the
price stated in the ad does not include all costs of items necessary for the proper function and
appearance of the installed product, an explanatory statement must clearly printed. Also, if the price
does not include a delivery or installation charge, the ad must conspicuously disclose this fact.
Section 8-503(b) of the Home Improvement Law states that "A contractor or salesperson may not offer,
give, or pay to an owner a gift, bonus award, merchandise, trading stamps, or cash loan as an inducement
to make a home improvement contract." A sale or price reduction is
not considered by the Commission to be a gift or a bonus award.
2. Business License
3. Carpet Installation
I am interested in starting a company to install carpet. Do I need to hold a MHIC license? I would also
like to install some tile flooring.
Installing carpet is not within the definition of "home improvement" so a MHIC license is not required.
However, in order to install tile, wood, or other flooring, a home improvement contractor or
subcontractor license is required.
4. Central Vacuum System
Is a MHIC license required to install a central vacuum system in a residence that is not a new home?
Yes, a MHIC license is required to install a central vacuum system in a residence (other than new home
construction) because the installation becomes permanently affixed to the house or property.
5. Chimney Sweeps
Does DLLR regulate and or license Chimney Sweeps operating in the state of Maryland?
DLLR does not regulate chimney sweeps; cleaning chimneys is not considered "home improvement." However, if
additional work is solicited or performed, such as building or reinforcing the chimney, or installing a
chimney cap, then a Home Improvement license is required.
6. Cleaning and Maintenance
I want to begin a business or start working independently. What I intend to do is produce a business
that is structured towards housekeeping and/or cleaning homes. Is the Home Improvement License something
I should obtain?
The Home Improvement license is not required to clean residences of dirt or debris. Likewise, a MHIC
license is not required to clean carpet.
7. Complaint History
How do you check a contractor's number to see if they have any complaints? How far back you can search
for complaints?
Anyone may check a contractor's complaint history by calling the Home Improvement Commission,
Monday-Friday, 8:30 AM - 4:30 PM, at the following telephone numbers: 1-888-218-5925 (toll free) or
410-230-6309 (Baltimore area), or by sending an email to
mhic@dllr.state.md.us.
Complaints filed within the last 3 fiscal years are reportable to the public, within 30 days of
being filed. Certain complaints that are determined to lack merit are not reportable to the public.
8. Demolition
I hired a contractor who was referred by my insurance company to tear down our house after it was
condemned due to storm damage. The contract was for demolition and clean-up only. Is the contractor
required to have a MHIC license?
No, demolition and clean-up work is not considered to be within the definition of "home improvement."
Therefore, the contractor is not required to hold a MHIC license to perform these services. If the
contractor performs any repair services at the house, then a MHIC license is required.
9. Driveway Sealcoating
Two weeks ago I was approached while in my yard by a man offering to seal my driveway. He said his
equipment was nearby and he could make me a good deal as a result. The card he left does not have a
Maryland contractor's number on it. We didn't take him up on his offer because I wasn't sure it was
legitimate. What are your thoughts?
Driveway sealcoating is one of the most prevalent home improvement scams in Maryland. You were wise not
to hire this individual. Many unlicensed contractors will approach unsuspecting homeowners and try to
persuade them into handing over thousands of dollars. In most cases, the "sealcoating" is nothing
more than black paint that is worthless on a driveway. Anytime you are approached at your home by
an individual selling a home improvement job, that transaction is covered by the Maryland Door-to-Door
Sales Act, which mandates that you have until midnight of the third business day following the transaction
to cancel the contract.
10. Exam Preparation
11. Home Theatres
If a television retailer is also installing wall mounted TV's (i.e. drilling screws into the well to
hang a wall mount and installing the TV on the mount, do they need an MHIC license?
The Commission has determined that installing wall-mounted televisions or home theatres in residences
is not considered "home improvement;" therefore a MHIC license is not required.
12. House Painting
Does a house painter need to be licensed as a home improvement contractor? House painting means painting
walls in houses, painting exteriors, and faux finishing.
Painting of houses is included within the definition of "home improvement." This includes interior and
exterior painting and decorative painting also.
13. Gravel Driveways
I have a gravel driveway at my house. Does the person who works on the driveway to add more gravel and
fix the pot holes need to hold a MHIC license?
Yes, driveways, including gravel driveways, are within the definition of "home improvement;" therefore
a licensed contractor is required to perform the work.
14. Guaranty Fund for Home Improvement
Does the MD HIC have a Recovery Fund, against which I can put in a claim to recover some or all of my
damages?
Yes, the Home Improvement Commission administers a Guaranty Fund that reimburses eligible homeowners
for the "actual loss" caused by the unworkmanlike, inadequate, or incomplete home improvement performed
by a licensed home improvement contractor. Each homeowner is entitled to recover up to $20,000 per
contract, or the amount spent on the home improvement contract that is the subject of the claim,
whichever is less. However, if all the claims against a contractor exceed $100,000, then the homeowners'
awards are pro-rated.
The Fund covers only the cost to complete, repair, restore, or replace the faulty work; it does not
cover other losses, such as consequential damages (i.e., water damage), interest, or attorney fees.
15. Interior Window Treatments
We ONLY do Interior window treatments. Never exterior and never anything
that would affect the structural integrity of a private home or
commercial business. Never have, never will. Is a MHIC license required?
No, a MHIC license is not required for interior window treatments, such as installing curtains or blinds.
This is considered decorating and is not within the definition of "home improvement."
16. Lead Paint
I just read the section on lead based paint renovation. I so seldom come in contact with this issue I
just wasn't sure. I see it says you must be certified to work with lead as of April 2010. How/where
does a person obtain certification?
The U.S. Environmental Protection Agency (EPA) has strict guidelines that cover work performed in
any home built prior to 1978. The Lead-Safe Renovation, Repairs and Painting program requires that
each contractor become lead-safe certified prior to performing such work. For more information about
this program, including how to become lead-safe certified or to find a course provider in your area,
please visit
EPA website.
17. License Application
Our company would like to know what are the requirements for general contactors to get licensed in
the state of MD. Is there an application/testing process?
Yes, each individual who wishes to obtain a MHIC license as a contractor, subcontractor, or salesperson
must register to take the licensure exam. After passing the exam, the individual receives the license
application package. The exams are administered by PSI Exams, Inc. For more information about
registering for the exam, please visit
the PSI exam website and follow the links to the
Maryland Home Improvement Commission's Candidate Information Bulletin.
The Commission hosts a free workshop on the third Thursday of every other month (even numbered
months only) at 2 p.m. for anyone who is interested in learning more about the licensing requirements
and process. The workshop is held at 500 N. Calvert Street, Baltimore, MD 21202. Registration is not
required. Please use the Centre Street entrance.
18. Marine Contractor License
19. Mediation
What is the mediation program? How do I know if it is right for me?
The MHIC offers mediation free of charge to homeowners and contractors who are interested in working
together to resolve their disputes. With mediation, the parties will meet at a convenient time and
location with a trained professional who will listen to both sides and then work to create a solution
that benefits each side. If the parties reach an agreement during mediation, the MHIC will dismiss
the complaint.
20. Mold Remediation
21. New Home Construction
22. Out-of-State Contractor's License
23. Paper License
24. Patios and Retaining Walls
Is a MD Home Improvement License required to install paver patios and retaining walls or is the MHIC
license only required to do home improvements to the house or things that connect to the house, like
a deck?
Yes, installing patios and retaining walls at a residence is considered "home improvement." The
definition of "home improvement" includes "an improvement to land adjacent" to the residence, as well
as improvements to the residence itself.
25. Permits
Who is responsible for getting a permit?
The Commission's regulations state that it is the non-delegable duty and obligation of the prime
contractor to secure every permit, license or special exception necessary to the proper completion
of the contract according to applicable state or local building laws. The contractor's license number
must be printed on the permit. A homeowner can only pull a permit when the homeowner will be performing
the work.
26. Playgrounds
Are there any regulations, laws, licensing required for playgrounds in local developments? I am on the
board of my Homeowner's Association and the request has been made to construct a playground/swing set
for children.
Work done on community property does not fall within the jurisdiction of the Home Improvement Commission.
If a homeowner hires someone to build a swing set or jungle gym at their home, then a MHIC license is
required, if the structure will be permanently attached to the land.
27. Pole Buildings
About a year ago I started a Pole Building company out of Lancaster County PA. I would like to also
cover the Maryland area. Basically I will just sell the product & sub it out to a sub contractor.
Can you please tell me what I will need to do this?
Pole buildings are included within the definition of "home improvement" so you will need to obtain a
MHIC contractor license to sell pole buildings if the buildings will be installed on residential
properties and if the sale includes the installation of the pole building.
28. Reciprocity
29. Salespersons
30. Sheds
Do contractors who sell and deliver those prefab, movable sheds need a MHIC license?
A home improvement license is required if the shed will be permanently installed by the contractor on
land adjacent to residence. If the contractor sells and delivers the shed and simply places it on the
ground, or on a non-permanent foundation such as cinder blocks, the contractor is not required to hold
a MHIC license.
31. Show Cause Hearings
I filed a complaint and now the contractor is scheduled to appear at a show cause hearing. Can you
please explain what that means?
MHIC holds show cause hearings every other month before a Hearing Board of the Commission. The purpose
of the show cause hearing is for contractors to appear and explain to the Hearing Board why they failed
to respond in writing to a complaint, as required by the Home Improvement Law. Following the hearing,
the Hearing Board can decide to fine the contractor or suspend the contractor's MHIC license.
32. Solar Panels
Is a MHIC license required to install solar panels on a home? Are any other type licenses also required?
Yes, a home improvement contractor or subcontractor license is required to install solar panels for a
homeowner, regardless of whether the panels will be installed on the home or an outbuilding adjacent
to a residence, or will be attached to the land next to the residence. A licensed master electrician
is required to hook the panels to the electric system.
33. Subcontractor
License
34. Tree Cutters
Are tree cutters licensed by MHIC?
While landscape contractors are licensed by MHIC, the Maryland Department of Natural Resources is
responsible for licensing tree experts. A tree expert's work includes trimming, pruning, thinning,
cabling, shaping, removing, or reducing the crown of trees that are 20 feet or more in height.
35. Unlicensed Contractors
I am a licensed contractor and have seen lots of unlicensed contractors who underbid licensed
contractors. Unlicensed contractors don't have insurance and don't pay taxes so does MHIC do anything
about this problem?
MHIC investigators actively work to enforce the home improvement law by coordinating with the local
prosecutor's offices throughout the State and by continuously educating homeowners about the risks
and dangers of hiring unlicensed contractors. MHIC depends upon licensed contractors and homeowners
filing written complaints against unlicensed contractors. Each month, MHIC investigators make
approximately 75 appearances at criminal trials against unlicensed contractors. If you wish to
file a written complaint against an unlicensed contractor, please do so and include as much
specific information as possible, including the contractor's full name, address, and the dates
and location where the work was solicited or performed. You may file a complaint even if you did
not hire or pay the unlicensed contractor.
36. Warranties
Please advise what Maryland State Law is regarding unconditional labor warranty for home improvements
(such as roofing) done by MHIC Licensed Companies. I believe the Law is 3 years unconditional labor
warranty. Please confirm and advise if this correct; please also provide law reference where this
is stated. I received information today that the company went out of business in August 2010.
Warranties are covered by the Maryland Service Contracts and Consumer Products Guaranty Act, which
is found in Title 14 of the Commercial Law Article of the Annotated Code of Maryland. Typically,
MHIC does not enforce warranties because the authority of MHIC is limited to investigating whether
the initial work was performed in a workmanlike manner. As you note, warranties are only as good as
the company that issues them so if the business closes, most consumers are left without a way to
enforce the warranty.
The Maryland Service Contracts and Consumer Products Guaranty Act requires that the following
information be disclosed in the contract that provides the warranty: (1) the duration of the
guaranty period measured by time; (2) any reasonable and necessary maintenance required as a
condition for the performance of the guaranty; (3) a recital of the guarantor's obligations to
the person guaranteed during the guaranty period; (4) the procedure which the person guaranteed
should follow to obtain the repair or replacement of the malfunctioning or defective consumer
product; and (5) any means established by the guarantor for quick informal settlement of any
guaranty dispute. It is the duty of the guarantor to fully the guaranty according to its
terms (a) within a reasonable time and (b) for the period stated in the guaranty or, if not
period is stated, for a reasonable period of time.
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