2011 LEAD PAINT MANUAL
This manual provides an overview of the relevant state and federal laws pertaining to lead-based paint poisoning. This document also includes summaries of case law addressing lead poisoning. The Coalition to End Childhood Lead Poisoning’s Handbook for the Prevention of Childhood Lead Poisoning in Maryland was the primary resource used to locate all state and federal laws, and is an excellent resource for further information on lead poisoning.
MARYLAND LEAD PAINT LAW OVERVIEW
Index of Maryland Laws:
Maryland Reduction of Lead Risk in Housing Law (Md. Code Ann., Envir. § 6-801 (2011))
Penalties, Administering and Reporting of Lead Poisoning Tests, and Children with elevated blood lead levels (Md. Code Ann., Envir. § 6-301 - 304 (2011))
Accreditation of Lead Paint Abatement Services (Md. Code Ann., Envir. § 6-1001 - 1005 (2011))
Lead-Containing Children’s Products (Md. Code Ann., Envir. § 6-1301 - 1311 (2011))
Childhood Lead Screening Program (Md. Code Ann., health-gen. § 18-106 (2011))
Code of Maryland Regulations
Accreditation and Training (Md. Code Regs. 26.16.01 (2011))
Reduction of Lead Risk in Housing (Md. Code Regs. 26.16.02 (2011)).
Procedures for Making and Implementing a Qualified Offer (Md. Code Regs. 26.16.03 (2011))
Verifiable Methods Approved by the Department (Md. Code Regs. 26.16.04 (2011))
Rent Escrow Statute (Md. Code Ann., real prop. § 8-211 (2011))
I. MARYLAND REDUCTION OF LEAD RISK IN HOUSING LAW (Md. Code Ann., Envir. § 6-801 – 6-852 (2011))
This law requires owners of residential rental properties built before 1950 to satisfy risk reduction standards. Owners who comply with the law can take advantage of limited liability protection.
[The following borrows from The Coalition to End Childhood Lead Poisoning’s Handbook for the Prevention of Childhood Lead Poisoning in Maryland and the Maryland Department of Environment’s “Standard of Care: What Owners Need to Do to Comply With Maryland’s Reduction of Lead Risk in Housing Law”].
I. Summary of Maryland’s Reduction of Lead Risk in Housing Law:
-“Person at Risk” defined as a child under the age of six or a pregnant woman who resides or spends twenty-four hours per week on a regular basis in an affected property.
-Owners of rental properties built before 1950 must comply with this law. Failure to comply with this law restricts a rental property owner’s access to district court and ability to benefit from limited liability for lawsuits arising from lead poisoning.
-Owners of rental properties built between 1950 and 1978 may choose to comply with this law and receive the benefit of limited liability protection.
-Units Exempt from Reduction law:
(1) Rental units built after 1978;
(2) Rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards as strict as the standards under this law;
(3) Rental units certified by a Maryland Department of Environment accredited inspector to be “lead-free”;
(4) Rental units that are not permanent dwelling units (vacation homes); and
(5) Elderly or disabled housing where children do not reside
A. The law requires owners to do the following:
1) Register all rental units ($15 annual fee per unit) with the Maryland Department of the Environment.
2) Distribute “Lead Poisoning Prevention Notice of Tenant’s Rights,” “Protect Your Family From Lead in Your Home,” and a copy of the current Lead Inspection Certificate to all new tenants, and must redistribute these materials every two years thereafter.
3) Meet Risk Reduction Standards and Obtain Inspections:
i. Change in Tenant Occupancy: Must perform Full Risk Reduction Treatment upon each change in tenant occupancy. To comply with these standards, the owner can either:
a. Pass a lead dust test that meets the Maryland Lead Dust Clearance Standard and receive a Lead Inspection Certificate; OR
b. Complete Full Risk Reduction measures (by certified contractor) and receipt of an Inspection certificate (by certified inspector). Measures include (see Environment Article, Section 6-815):
-Visual inspection of exterior and interior paint surfaces
-Removal and repainting of chipping, peeling, or flaking paint on interior and exterior surfaces
-Repair of structural defects causing paint to chip, peel or flake
-Strip and repaint, replace, or encapsulate all interior window sills with vinyl, metal or other approved materials
-Installation of caps of vinyl, aluminum or other approved materials in window wells
-Fix top of sash of windows to prevent friction caused by opening and closing windows
-Rehang doors to prevent rubbing together of lead-painted surfaces
-Ensure all kitchen and bathroom floors are overlaid with smooth, water-resistant surface
-Ensure all bare floors are smooth and cleanable
-HEPA vacuuming and wet-washing interior of unit
c. Satisfy treatment deadlines established in Section 6-817 of Environment Article. By February 24, 2011, owners of affected properties were required to bring and maintain at least 50% of owner’s affected properties into compliance with Full Risk Reduction Standard. On and after February 24, 2006, owners of affected properties must ensure that 100% of affected properties in which pregnant woman or child under six reside, and of whom have received written notification, have complied with the Full Risk Reduction Standard and Modified Risk Reduction Standard.
d. Comply with Modified Risk Reduction Treatments when notified: When notified of paint or structural defects in a unit or that a child under 6 or pregnant woman has a blood level elevation of 10 mcg/dL or more, owner of affected property must perform Modified Risk Reduction treatments within 30 days of notification.
e. All affected rental properties must be certified by an MDE-accredited inspector. The Lead Paint Risk Reduction Inspection Certificate verifies that the owner of an affected property has complied with the Risk Reduction Standard.
f. All work performed in affected properties must be completed by accredited contractors.
g. Make Qualified Offer and relocate child and family to lead-safe housing within 30 days of receiving notification that child under 6 or pregnant woman in residence has a blood level of 15 mcg/dL or more.
II. LAW
Part I. Definitions; General Provisions
Section 6-801. Definitions
Section 6-802. Purpose
Section 6-803. Applicability of subtitle
Section 6-804. Exemptions from Part IV
Part II. Lead Poisoning Prevention Commission
Section 6-807. Lead Poisoning Prevention Commission
Section 6-808. Meetings
Section 6-809. Window replacement program
Section 6-810. Study and collection of information; subcommittees; review; testing standards and regulations
Part III. Registration of Affected Property
Section 6-811. Registration
Section 6-812. Renewals; Acquisitions
Section 6-813. Failure to register or renew; falsification of filings
Part IV. Risk Reduction Standard for Affected Property
Section 6-815. Satisfaction of risk reduction standards; enforcement officer
Section 6-816. Optional lead-contaminated dust testing
Section 6-817. Compliance requirements; loss of liability protection; cost of temporary relocation
Section 6-818. Inspectors’ accreditation and independence; certified reports
Section 6-819. Modified risk reduction standard
Section 6-820. Notice of tenant’s rights
Section 6-821. Repairs; removal from risks; refusal of tenant; accredited supervision
Section 6-822. Effect of subtitle on State and local laws or housing codes; abatement orders
Section 6-823. Lead poisoning information packet
Section 6-824. Disclosure to prospective purchasers; transfers
Section 6-825. Compliance plan for occupied affected property
Part V. Qualified Offer
Section 6-826. Definitions
Section 6-827. Applicability
Section 6-828. Failure to give notice to owner in compliance
Section 6-829. Availability of blood tests
Section 6-830. Presumption of prior lead ingestion
Section 6-831. Authorized offerors; qualified offers
Section 6-832. Notice of qualified offer
Section 6-833. Qualified offers where parent or legal guardian is unavailable
Section 6-834. Acceptance or rejection of qualified offer
Section 6-835. Release of liability on acceptance
Section 6-836. Protection from liability; regulatory compliance
Section 6-836.1 Protection from liability; regulatory compliance –Discovery and evidentiary hearing
Section 6-837. Offers of compromise
Section 6-838. Noncompliance presumes negligence
Section 6-839. Expenses and costs included in qualified offer; certification of compliance; regulations
Section 6-840. Aggregate maximum amounts payable; payment; payments not income or asset
Section 6-841. Payments under qualified offer for temporary relocation; reoccupation of affected property
Section 6-842. Failure to comply or falsification of compliance with qualified offer; statute of limitations
Part VI. Lead Poisoning Prevention Fund
Section 6-843. Collection and payment of annual fee; exemptions
Section 6-844. Lead Poisoning Prevention Fund
Section 6-845. Database and information collection of affected property; data availability
Part VII. Miscellaneous
Section 6-846. Notification of high blood lead to person at risk, parent and owner
Section 6-847. Disclosure of blood lead test results
Section 6-848. Community outreach programs; local assistance
Section 6-848.1. Paint retailers to display information on lead paint regulation
Section 6-848.2. Reports of noncompliance
Part VIII. Enforcement
Section 6-849. Administrative penalties; waiver
Section 6-850. Limitation of penalties; penalty for false verification
Section 6-851. Audits of work verifications; penalty
Section 6-852. Spot checks of properties reported or verified as satisfying the modified risk reduction standards
Part I. Definitions; General Provisions
§ 6-801. Definitions (Md. Code Ann., Envir. § 6-801 (2011))
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Affected property. --
(1) "Affected property" means:
(i) A property constructed before 1950 that contains at least one rental dwelling unit; or
(ii) Any residential rental property for which the owner makes an election under § 6-803(a)(2) of this subtitle.
(2) "Affected property" includes an individual rental dwelling unit within a multifamily rental dwelling.
(3) "Affected property" does not include property exempted under § 6-803(b) of this subtitle.
(c) Change in occupancy. -- "Change in occupancy" means a change of tenant in an affected property in which the property is vacated and possession is either surrendered to the owner or abandoned.
(d) Child. -- "Child" means an individual under the age of 6 years.
(e) Commission. -- "Commission" means the Lead Poisoning Prevention Commission.
(f) Elevated blood lead, EBL. --
(1) "Elevated blood lead" or "EBL" means a quantity of lead in blood, expressed in micrograms per deciliter (ug/dl), that exceeds the threshold level specified in this subtitle and is determined in accordance with the following protocols:
(i) A venous blood test; or
(ii) Two capillary blood tests taken in accordance with paragraph (2) of this subsection.
(2) If the capillary blood test method is used, an individual shall:
(i) Have a first sample of capillary blood drawn and tested; and
(ii) Have a second sample of capillary blood drawn and tested within 84 days after the first sample is drawn.
(3) If the result of one capillary blood test would require action under this subtitle and the other result would not, an individual's elevated blood lead level shall be confirmed by a venous blood test.
(g) Exterior surfaces. -- "Exterior surfaces" means:
(1) All fences and porches that are part of an affected property;
(2) All outside surfaces of an affected property that are accessible to a child and that are:
(i) Attached to the outside of an affected property; or
(ii) Other buildings and structures, including play equipment, benches, and laundry line poles, that are part of the affected property, except buildings or structures that are not owned or controlled by the owner of the affected property; and
(3) All painted surfaces in stairways, hallways, entrance areas, recreation areas, laundry areas, and garages within a multifamily rental dwelling unit that are common to individual dwelling units and are accessible to a child.
(h) Fund. -- "Fund" means the Lead Poisoning Prevention Fund.
(i) High efficiency particle air vacuum, HEPA-vacuum. –
(1) "High efficiency particle air vacuum" or "HEPA-vacuum" means a device capable of filtering out particles of 0.3 microns or greater from a body of air at an efficiency of 99.97% or greater.
(2) "HEPA-vacuum" includes use of a HEPA-vacuum.
(j) Lead-based paint. -- "Lead-based paint" means paint or other surface coatings that contain lead in excess of the maximum lead content level allowed by the Department by regulation.
(k) Lead-contaminated dust. -- "Lead-contaminated dust" means dust in affected properties that contains an area or mass concentration of lead in excess of the lead content level determined by the Department by regulation.
(l) Lead-free. -- "Lead-free" means at or below a lead content level deemed to be lead-free in accordance with criteria established by the Department by regulation.
(m) Lead-safe housing. -- "Lead-safe housing" means a rental dwelling unit that:
(1) Is certified to be lead-free in accordance with § 6-804 of this subtitle;
(2) Was constructed after 1978;
(3) Is deemed to be lead-safe by the Department in accordance with criteria established by the Department by regulation; or
(4) Is certified to be in compliance with § 6-815(a) of this subtitle and:
(i) In which all windows are either lead-free or have been treated so that all friction surfaces are lead-free;
(ii) In which lead contaminated dust levels are determined to be within abatement clearance levels established by the Department by regulation, within a time frame established by the Department by regulation; and
(iii) Which is subject to ongoing maintenance and testing as specified by the Department by regulation.
(n) Multifamily rental dwelling. -- "Multifamily rental dwelling" means a property which contains more than one rental dwelling unit.
(o) Owner. –
(1) "Owner" means a person, firm, corporation, guardian, conservator, receiver, trustee, executor, or legal representative who, alone or jointly or severally with others, owns, holds, or controls the whole or any part of the freehold or leasehold interest to any property, with or without actual possession.
(2) "Owner" includes:
(i) Any vendee in possession of the property; and
(ii) Any authorized agent of the owner, including a property manager or leasing agent.
(3) "Owner" does not include:
(i) A trustee or a beneficiary under a deed of trust or a mortgagee; or
(ii) The owner of a reversionary interest under a ground rent lease.
(p) Person at risk. -- "Person at risk" means a child or a pregnant woman who resides or regularly spends at least 24 hours per week in an affected property.
(q) Related party. -- "Related party" means any:
(1) Person related to an owner by blood or marriage;
(2) Employee of the owner; or
(3) Entity in which an owner, or any person referred to in paragraph (1) or (2) of this subsection, has an interest.
(r) Relocation expenses. -- "Relocation expenses" means all expenses necessitated by the relocation of a tenant's household to lead-safe housing, including moving and hauling expenses, the HEPA-vacuuming of all upholstered furniture, payment of a security deposit for the lead-safe housing, and installation and connection of utilities and appliances.
(s) Rent subsidy. -- "Rent subsidy" means the difference between the rent paid by a tenant for housing at the time a qualified offer is made under Part V of this subtitle and the rent due for the lead-safe housing to which the tenant is relocated.
(t) Rental dwelling unit. –