(a)    (1)    The Department shall adopt by regulation, as the Maryland Building Performance Standards, the International Building Code, including the International Energy Conservation Code, with the modifications incorporated by the Department under subsection (b) of this section.

(2)    The Department shall adopt each subsequent version of the Standards within 18 months after it is issued.

(b)    (1)    Before adopting each version of the Standards, the Department shall:

(i)    review the International Building Code to determine whether modifications should be incorporated in the Standards;

(ii)    consider changes to the International Building Code to enhance energy conservation and efficiency;

(iii)    subject to the provisions of paragraph (2)(ii) of this subsection, adopt modifications to the Standards that allow any innovative approach, design, equipment, or method of construction that can be demonstrated to offer performance that is at least the equivalent to the requirements of:

1.    the International Energy Conservation Code;

2.    Chapter 13, “Energy Efficiency”, of the International Building Code; or

3.    Chapter 11, “Energy Efficiency”, of the International Residential Code;

(iv)    accept written comments;

(v)    consider any comments received; and

(vi)    hold a public hearing on each proposed modification.

(2)    (i)    Except as provided in subparagraph (ii) of this paragraph and § 12–510 of this subtitle, the Department may not adopt, as part of the Standards, a modification of a building code requirement that is more stringent than the requirement in the International Building Code.

(ii)    The Department may adopt energy conservation requirements that are more stringent than the requirements in the International Energy Conservation Code, but may not adopt energy conservation requirements that are less stringent than the requirements in the International Energy Conservation Code.

(c)    The Standards apply to each building or structure in the State for which a building permit application is received by a local jurisdiction on or after August 1, 1995.

(d)    In addition to the Standards, the Department may adopt by regulation the International Green Construction Code.