Subtitle 02 – Childhood Lead Poisoning Prevention Program

“Accessible surface” means a surface that a child can mouth or chew.

“Commissioner” means the Commissioner of the Baltimore City Health Department or the Commissioner’s designee.

“Department” means the Baltimore City Health Department.

“Deteriorated surface” means an interior or exterior surface with the presence of chipping, peeling, or flaking paint.

“Elevated blood lead level (EBL)” has the meaning stated in MD Environment Art. §6-801(f).

“Encapsulant coating” means a liquid that forms a covering over lead-based paint.

“Enclose” means the installation of a solid, durable material that is approved by the Department over a lead hazard.

“Environmental investigation” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="|26.16">COMAR 26.16</cite>.8.03(B)(12).

“Friction surface” has the meaning stated in COMAR 26.16.08.03(B)(15).

“Ground cover” means a substance used to cover bare soil, including:

“Impact surface” has the meaning stated in COMAR 26.16.08.03(B)(17).

“Lead dust clearance test” means a test conducted in accordance with <cite data-path="13.02.01">this chapter</cite> intended to confirm that concentration of lead dust is within the limit prescribed by applicable law.

“Lead free” has the meaning stated in MD Environment Art. §6-801(l).

“Lead hazard” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="26.16.08.03">COMAR 26.16.08.03(B)(19)</cite>.

“Lead-safe housing” has the meaning stated in MD Environment Art. §6-801(m).

“Multi-family dwelling” means a building or part of a building that contains more than two dwelling units.

“Occupant” means an individual:

“Operator” means a person who has charge, care, or control of all or a portion of a property.

“Owner” has the meaning stated in MD Environment Art., §6-801(o).

“Primary residence” means a residential property where a child or pregnant woman with an elevated blood lead level resides.

“Reference level” has the meaning stated in MD Environment Art., § 6-801(q).

“Relocation expenses” means the cost of moving a tenant to lead-safe housing, including:

“Retaliation” means to take an adverse action against an individual, including the initiation of eviction proceedings or alteration of the terms of an individual’s tenancy, in response to a notice or order issued by the Commissioner pursuant to <cite data-path="13.02.01">this chapter</cite>.

“Secondary property” means a structure occupied for 10 or more hours a week by a child or pregnant woman that is the subject of an elevated blood level report in the 12 months preceding an elevated blood level report to the Department.

“Secondary source” means a lead exposure risk that is not derived from a painted surface or structural component of a property, including:

“Tenant” means a person who has the lawful right of possession of all or part of a property.

“Violation notice” means a document issued by the Commissioner that contains:

“Window well” means the space that provides exterior access or light to a window that is below ground level.

“XRF analyzer” means a portable instrument that determines lead concentration using the principles of x-ray fluorescence.

The child or pregnant woman’s current residence; and

A secondary property as defined by <cite data-path="13.02.01">this chapter</cite>.

All units; and

Common areas.

Readings of an XRF analyzer which indicate a lead content greater than 0.7 mg/cm² on a:

Analysis of paint samples which indicate more than 0.5 percent lead by weight on a:

Analysis of dust which indicates lead levels that exceed the threshold provided by applicable law; or

Analysis of a secondary source which indicates lead levels that exceed the threshold provided by applicable law.

Maryland Department of the Environment;

U.S. Environmental Protection Agency; or

U.S. Department of Housing and Urban Development.

Identifies the lead hazard; and

Orders the recipient to abate the violation within 30 days of the issuance of the violation notice, unless otherwise provided by the Commissioner.

Water damage; or

A structural defect such as a hole in a wall or ceiling.

Do so in accordance with:

Begin interior work in the area farthest from the entrance to the property; and

Fully remove or enclose the lead hazard without the use of encapsulant coating.

Submit a written description of the alternative procedure to the Commissioner via email or first class mail to the email or physical address included in the violation notice that conforms to requirements of applicable law;

Demonstrate that compliance with the requirements in <cite data-path="13.02.01.07">regulation .07 of this chapter</cite> is impracticable; and

Document that the alternative procedure provides equivalent or better abatement of a lead hazard.

Cement;

Grass; or

Sod.

Remove 6 inches of topsoil from the contaminated area;

Place water–permeable textile fabric over the exposed subsurface; and

Cover with 8 inches of lead-free soil and ground cover.

Immediately secure a temporary lead-safe or lead-free residence for the tenant; and

Pay the tenants’ reasonable relocation expenses until the Commissioner verifies that abatement is completed.

Removed from the site within 24 hours of abatement completion; and

Stored, transported, and disposed of in accordance with applicable law.

In a dangerous manner; or

By an unaccredited contractor.

Visual inspection;

A lead dust clearance test;

Documented compliance with applicable law; and

Additional analysis by the Commissioner if required.

By the Department; or

By a third party who is accredited and in good standing with the State of Maryland as defined in MD Environment Art., Title 6, Subtitle 10

Floor;

Windowsill; and

Window well.

No windows; or

More than one window.

Maryland Department of the Environment;

U.S. Environmental Protection Agency; or

U.S. Department of Housing and Urban Development.

Is submitted in writing;

Is submitted prior to the date of abatement completion noted in the violation notice; and

Demonstrates that: