Md. Code Regs. 26.11.39.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.11.39.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adhesive " means a chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

(2) "Aerosol coating product" means a pressurized coating product containing pigments or resins that:

(a) Dispenses product ingredients by means of a propellant; and

(b) Is packaged in a disposable can for handheld application, or for use in specialized equipment for ground traffic/marking applications.

(3) "Aluminum roof coating" means a coating labeled and formulated exclusively for application to roofs and containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per gallon).

(4) Appurtenance.

(a) "Appurtenance" means an accessory to a stationary structure that is coated at the site of installation, whether installed or detached.

(b) "Appurtenance " includes:

(i) Bathroom and kitchen fixtures;

(ii) Cabinets;

(iii) Concrete forms;

(iv) Doors;

(v) Elevators;

(vi) Fences;

(vii) Hand railings;

(viii) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools;

(ix) Lampposts;

(x) Partitions;

(xi) Pipes and piping systems;

(xii) Rain gutters and downspouts;

(xiii) Stairways;

(xiv) Fixed ladders;

(xv) Catwalks and fire escapes; and

(xvi) Window screens.

(5) Architectural Coating.

(a) "Architectural coating" means a coating to be applied to:

(i) Stationary structures or their appurtenances at the site of installation;

(ii) Portable buildings at the site of installation;

(iii) Pavements; or

(iv) Curbs.

(b) "Architectural coating" does not include:

(i) Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, or automobiles; or

(ii) Adhesives.

(6) "Basement specialty coating" means a clear or opaque coating that:

(a) Is labeled and formulated for application to concrete and masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces;

(b) Is capable of withstanding at least 10 psi of hydrostatic pressure;

(c) Is resistant to mold and mildew growth; and

(d) Achieves a microbial growth rating of 8 or more.

(7) "Bituminous roof coating" means a coating that:

(a) Incorporates bitumens;

(b) Is labeled and formulated exclusively for roofing; and

(c) Is intended for the primary purpose of preventing water penetration.

(8) "Bituminous roof primer" means a primer that:

(a) Incorporates bitumens;

(b) Is labeled and formulated exclusively for roofing; and

(c) Is intended for one of the following purposes:

(i) Preparing a weathered or aged surface; or

(ii) Improving the adhesion of subsequent surfacing components.

(9) "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

(10) "Calcimine recoater" means a flat solvent borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

(11) Coating.

(a) "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes.

(b) "Coating" includes paints, varnishes, sealers, and stains.

(12) "Colorant" means a concentrated pigment dispersion in water, solvent, or binder that is added to an architectural coating to produce a desired color.

(13) "Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to perform one or more of the following functions:

(a) Retard the evaporation of water; or

(b) Harden or dustproof the surface of freshly poured concrete.

(14) "Concrete/masonry sealer" means a clear or opaque coating that is labeled and formulated primarily for application to concrete and masonry surfaces to perform one or more of the following functions:

(a) Prevent penetration of water;

(b) Provide resistance against abrasion, alkalis, acids, mildew, staining, or ultraviolet light; or

(c) Harden or dustproof the surface of aged or cured concrete.

(15) "Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.

(16) Conjugated oil varnish.

(a) "Conjugated oil varnish" means a clear or semi-transparent wood coating that:

(i) Is labeled as such;

(ii) Is based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins, with a minimum of 50 percent of the resins solids consisting of conjugated oil;

(iii) Is supplied as a single component that penetrates and seals the wood;

(iv) Results in film formation due to polymerization of the oil; and

(v) Contains small amounts of pigment to control the final gloss or sheen.

(b) "Conjugated oil varnish " does not include lacquers or shellacs.

(17) "Conversion varnish " means a clear acid curing coating with an alkyd, or other resin blended with amino resins that:

(a) Is supplied as a single component or two-component product designed for professional application to wood flooring to produce a hard, durable, clear finish; and

(b) Results in a film formation from an acid-catalyzed condensation reaction, affecting a transetherification of the reactive ethers of the amino resins.

(18) "Driveway sealer" means a coating labeled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:

(a) Fill cracks;

(b) Seal the surface to provide protection; or

(c) Restore or preserve the appearance.

(19) "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

(20) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound (VOC) under COMAR 26.11.01.01B(53).

(21) "Faux finishing coating" means a coating labeled and formulated to meet one or more of the following criteria:

(a) A glaze or textured coating used to create artistic effects, including:

(i) Dirt;

(ii) Suede;

(iii) Old age;

(iv) Smoke damage;

(v) Simulated marble; and

(vi) Wood grain;

(b) A decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of pearlescent mica pigment or other iridescent pigment per liter of coating as applied (at least 0.4 pounds per gallon);

(c) A decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pigment per liter of coating as applied (less than 0.4 pounds per gallon);

(d) A decorative coating used to create a metallic appearance that:

(i) Contains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon); or

(ii) Requires a clear topcoat to prevent the degradation of the finish under normal use conditions.

(e) A clear topcoat sold and used solely as part of a faux finishing coating system to seal and protect a faux finishing coating that meets one or more of the requirements in §B(21)(a)-(d) of this regulation.

(22) Fire-Resistive Coating.

(a) "Fire-resistive coating" means a coating that has been labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior structural materials.

(b) "Fire-resistive coating" includes sprayed fire resistive materials and intumescent fire coatings that are used to bring structural materials into compliance with federal, state, and local building code requirements.

(23) "Flat coating" means a coating that is not defined under any other definition in this regulation and that registers a gloss of less than 15 on an 85-degree meter or less than 5 on a 60-degree meter.

(24) "Floor coating" means an opaque coating that is labeled and formulated for application to flooring such as decks, porches, steps, garage floors and other horizontal surfaces that may be subjected to foot traffic.

(25) "Form-release coating" means a coating labeled and formulated for application to a form to prevent freshly poured concrete from bonding to the form.

(26) Graphic Arts Coating (Sign Paint).

(a) "Graphic arts coating (sign paint) " means a coating labeled and formulated for hand-application, using brush, airbrush, or roller techniques to one or more of the following:

(i) Indoor and outdoor signs; and

(ii) Murals.

(b) "Graphic arts coating (sign paint)" includes letter enamels, poster colors, copy blockers, and bulletin enamels.

(c) "Graphic arts coating (sign paint) " does not include coatings applied to structural components.

(27) "High-temperature coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

(28) "Impacted immersion coating" means a high performance maintenance coating that is:

(a) Formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water; and

(b) Specifically resistant to high-energy impact damage caused by floating ice or debris.

(29) Industrial Maintenance Coating.

(a) "Industrial maintenance coating" means a high performance architectural coating formulated for application to substrates exposed to one or more of the following extreme environmental conditions:

(i) Immersion in water, wastewater, chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;

(ii) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(iii) Frequent exposure to temperatures above 121°C (250°F)

(iv) Frequent and heavy abrasion, including mechanical wear and scrubbing with industrial solvents, cleansers, or scouring agents; or

(v) Exterior exposure of metal structures and structural components.

(b) "Industrial maintenance coating includes primers, sealers, undercoaters, intermediate coats, and topcoats.

(30) "Low-solids coating" means a coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per gallon) of coating material as recommended for application by the manufacturer.

(31) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

(32) "Mastic texture coating " means a coating:

(a) Labeled and formulated to cover holes and minor cracks and to conceal surface irregularities; and

(b) Applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

(33) "Metallic pigmented coating" means a coating labeled and formulated to provide a metallic appearance that contains at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (0.4 pounds per gallon).

(34) "Multi-color coating " means a coating that is:

(a) Packaged in a single container; and

(b) Labeled and formulated to exhibit more than one color when applied in a single coat.

(35) "Non-flat coating " means a coating that:

(a) Is not defined under any other definition in this regulation; and

(b) Registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter.

(36) "Non-flat-high gloss coating " means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter.

(37) "Nuclear coating " means a protective coating that:

(a) Is formulated and recommended to seal porous surfaces that otherwise would be subject to intrusion by radioactive materials;

(b) Is resistant to long-term (service life) cumulative radiation exposure;

(c) Is relatively easy to decontaminate; and

(d) Is resistant to various chemicals to which the coatings are likely to be exposed.

(38) "Post-consumer coating" means finished coatings generated by a business or consumer that have served their intended end uses, and are recovered from or otherwise diverted from the waste stream for the purpose of recycling.

(39) "Pre-treatment wash primer" means a primer that:

(a) Contains a minimum of 0.5 percent acid, by weight; and

(b) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and promote adhesion of subsequent topcoats.

(40) "Primer, sealer, and undercoater" means a coating labeled and formulated for one or more of the following purposes:

(a) To provide a firm bond between the substrate and subsequent coatings;

(b) To prevent subsequent coatings from being absorbed by the substrate;

(c) To prevent harm to subsequent coatings by materials in the substrate;

(d) To provide a smooth surface for the subsequent application of coatings;

(e) To provide a clear finish coat to seal the substrate; or

(f) To block materials from penetrating into or leaching out of a substrate.

(41) Reactive penetrating sealer.

(a) "Reactive penetrating sealer" means a clear or pigmented coating that is labeled and formulated for application to above-grade concrete and masonry substrates to provide protection from water and waterborne contaminants, including:

(i) Alkalis;

(ii) Acids; and

(iii) Salts.

(b) "Reactive penetrating sealers" meet the following criteria:

(i) Penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate;

(ii) Line the pores of concrete and masonry substrates with a hydrophobic coating, but do not form a surface film;

(iii) Improve water repellency at least 80 percent after application on a concrete or masonry substrate as verified on standardized test specimens; and

(iv) Do not reduce the water vapor transmission rate by more than 2 percent after application on a concrete or masonry substrate.

(c) "Reactive penetrating sealers" labeled and formulated for vehicular traffic surface chloride screening applications shall meet the performance criteria listed in the National Cooperative Highway Research Report 244 (1981).

(42) Reactive Penetrating Carbonate Stone Sealer.

(a) "Reactive penetrating carbonate stone sealer" means a clear or pigmented coating that is labeled and formulated for application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including:

(i) Alkalis;

(ii) Acids; and

(iii) Salts.

(b) "Reactive penetrating sealers" meet the following criteria:

(i) Penetrate into carbonate stone substrates and chemically reacts to form covalent bonds with naturally occurring minerals in the substrate;

(ii) Line the pores of carbonate stone substrates with a hydrophobic coating, but do not form a surface film;

(iii) Improve water repellency at least 80 percent after application on a carbonate stone substrate; and

(iv) Do not reduce the water vapor transmission rate by more than 10 percent after application on a carbonate stone substrate.

(43) "Recycled coating" means an architectural coating formulated so that it contains a minimum of 50 percent by volume post-consumer coating, with a maximum of 50 percent secondary industrial materials or virgin materials.

(44) "Roof coating" means a non-bituminous coating labeled and formulated for application to roofs for the primary purpose of preventing water penetration, reflecting ultraviolet light, or reflecting solar radiation.

(45) Rust Preventive Coating.

(a) "Rust preventive coating" means a coating formulated to prevent the corrosion of metal surfaces for one or more of the following applications:

(i) Direct-to-metal coating; or

(ii) Coating intended for application over rusty, previously coated surfaces.

(b) "Rust preventive coating " does not include:

(i) Coatings that are required to be applied as a topcoat over a primer; or

(ii) Coatings that are intended for use on wood or any other nonmetallic surface.

(46) "Secondary industrial materials " means products or byproducts of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose.

(47) "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the Lac beetle (Laciffer lacca), and formulated to dry by evaporation without a chemical reaction.

(48) "Shop application" means application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process (e.g. original equipment manufacturing coatings).

(49) "Specialty primer, sealer, and undercoater" means a coating that is formulated for application to a substrate to block water-soluble stains re suiting from:

(a) Fire damage;

(b) Smoke damage; or

(c) Water damage.

(50) "Stain" means a semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but not conceal the grain pattern or texture.

(51) "Stone consolidant" means a coating that:

(a) Is labeled and formulated for application to stone substrates to repair structures that have been damaged by weathering or other decay mechanisms; and

(b) Penetrates into stone substrates to create bonds between particles and consolidate deteriorated material.

(52) Swimming Pool Coating.

(a) "Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals.

(b) "Swimming pool coating" includes coatings used for swimming pool repair and maintenance.

(53) "Thermoplastic rubber coating and mastic" means a coating or mastic that:

(a) Is formulated and recommended for application to roofing or other structural surfaces; and

(b) Incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids.

(54) "Tint base" means colorant which is added to an architectural coating.

(55) "Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces such as curbs, berms, driveways, parking lots, sidewalks, and airport runways.

(56) "Tub and tile refinish coating" means a clear or opaque coating that:

(a) Is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop;

(b) Has a scratch hardness of 3H or harder and a gouge hardness of 4H or harder that is determined on bonderite 1000;

(c) Has a weight loss of 20 milligrams or less after 1000 cycles determined with CD-I 7 wheels on bonderite 1000;

(d) Withstands 1000 hours or more of exposure with few or no #8 blisters that is determined on unscribed borderite; and

(e) Has an adhesion rating of 4B or better after 24 hours of recovery that is determined on inscribed bonderite.

(57) "VOC actual" means the weight of VOC per volume of coating, including water and exempt compounds.

(58) VOC Content.

(a) "VOC content" means the weight of VOC per volume of coating and is VOC regulatory for all coatings except those in the low solids category.

(b) "VOC content" includes the following:

(i) The VOCs emitted during curing if the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process; and

(ii) The maximum amount of thinning solvent recommended by the manufacturer.

(59) "VOC regulatory" means the weight of VOC per volume of coating, less the volume of water and exempt compounds.

(60) Waterproofing Membrane.

(a) "Waterproofing membrane" means a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the substrate.

(b) "Waterproofing membrane " is intended for one or more of the following waterproofing applications:

(i) Below-grade surfaces;

(ii) Between concrete slabs;

(iii) Inside tunnels;

(iv) Inside concrete planners; or

(v) Under flooring materials.

(c) "Waterproofing membrane" is applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness.

(d) "Waterproofing membrane" does not include topcoats that are included in the concrete masonry sealer category.

(61) Wood Coatings.

(a) "Wood coatings" means coatings labeled and formulated for application to wood substrates only.

(b) "Wood coatings" includes the following clear and semitransparent coatings:

(i) Lacquers;

(ii) Varnishes;

(iii) Sanding sealers;

(iv) Penetrating oils;

(v) Clear stains;

(vi) Wood conditioners used as undercoats; and

(vii) Wood sealers used as topcoats.

(c) "Wood coatings" also includes the following opaque wood coatings:

(i) Opaque lacquers;

(ii) Opaque sanding sealers; and

(iii) Opaque lacquer undercoaters.

(d) "Wood coatings" does not include the following:

(i) Clear sealers that are labeled and formulated for use on concrete/masonry surfaces; or

(ii) Coatings intended for substrates other than wood.

(62) "Wood preservative" means a coating that:

(a) Is labeled and formulated to protect exposed wood from decay or insect attack; and

(b) Registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq) and with the State.

(63) Wood Substrate.

(a) "Wood substrate" means a substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain.

(b) "Wood substrate " does not include items comprised of simulated wood.

(64) "Zinc-richprimer" means a coating that:

(a) Contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids; and

(b) Is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings.

Md. Code Regs. 26.11.39.03

Regulation .03 adopted effective 43:8 Md. R. 497, eff.4/25/2016