Subtitle 6 – Lead Poisoning
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Part I – Screening Required
Balt., Md., Code § 4-601 (2026)
§ 4-601 Parental responsibility.LinkCopy Citation
Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every parent and guardian must provide for the timely and appropriate testing for lead poisoning of his or her minor children, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>.
History: Ord. 00-020
History: Text Conformed 03/10/21
Balt., Md., Code § 4-602 (2026)
§ 4-602 Provider’s responsibility.LinkCopy Citation
Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every pediatric and primary care health provider must order the timely and appropriate testing for lead poisoning of his or her minor patients, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>.
History: Ord. 00-020
History: Text Conformed 03/10/21
Balt., Md., Code § 4-603 (2026)
§ 4-603 Exceptions.LinkCopy Citation
This Part I does not apply to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to testing on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices.
History: Ord. 00-020
Balt., Md., Code § 4-604 (2026)
§ 4-604 Enforcement.LinkCopy Citation
(a)Separate offenses.
In enforcing this Part I, each child who is not properly tested as required is considered a separate violation.
(b)Civil penalties — Parents and guardians.
§ 4-601{“Parental responsibility”} of this subtitle may be enforced by issuance of an environmental citation under <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”} of the City Code.
(c)Civil penalties — Providers.
Any provider who violates any provision of <cite data-path="|health|§4-602">§ 4-602 {“Provider’s responsibility”} of this subtitle</cite> or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation.
(d)Subtitle 9 inapplicable.
Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part I.
History: Ord. 00-020
Balt., Md., Code § 4-605 (2026)
§ 4-605LinkCopy Citation
Reserved
Part II – Registry; Reports
Balt., Md., Code § 4-606 (2026)
§ 4-606 Commissioner to establish registry.LinkCopy Citation
The Commissioner of Health is directed to adopt rules and regulations under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> to implement a registry of screening history for children residing in the City.
History: Ord. 00-020
History: Text Conformed 03/10/21
Balt., Md., Code § 4-607 (2026)
§ 4-607 Reports by medical laboratories.LinkCopy Citation
(a)Duty to report.
Each medical laboratory must report to the Commissioner whenever that laboratory tests for lead poisoning any child who is less than 7 years old and who resides in the City.
(b)When to report.
The report must:
(1)
be made within 14 days after the test is conducted; and
(2)
contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations.
History: Ord. 00-020
Balt., Md., Code § 4-608 (2026)
§ 4-608 Reports by child care facilities.LinkCopy Citation
(a)“Child care facility” defined.
(1)
In this section, “child care facility” means any facility that:
(i)
provides for the care, custody, or control of a minor child; and
(ii)
is required to be licensed by or registered with the State for that purpose.
(2)
Subject to the criteria contained in paragraph (1) of this subsection, “Child care facility” includes any:
(i)
child care center;
(ii)
child care home;
(iii)
child care institution;
(iv)
family day care home;
(v)
non-public nursery school; or
(vi)
non-public kindergarten.
(b)Duty to report.
Each child care facility must report to the Commissioner whenever that facility receives a State Health Inventory or other report that contains information on whether a child who resides in the City has been tested for lead poisoning.
(c)When to report.
The report must:
(1)
be made within 14 days after the State Health Inventory or other report is received by the facility; and
(2)
contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations.
History: Ord. 00-020
Balt., Md., Code § 4-609 (2026)
§ 4-609 Civil penalties: $100.LinkCopy Citation
(a)Fine.
Any person who violates any provision of this Part II or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation.
(b)Subtitle 9 inapplicable.
Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part II.
History: Ord. 00-020
Balt., Md., Code § 4-610 (2026)
§ 4-610LinkCopy Citation
Reserved
Part III – Public School Water Fountains
Balt., Md., Code § 4-611 (2026)
§ 4-611 Inspections required.LinkCopy Citation
(a)In general.
Every 2 years, the Health Commissioner shall test all activated water fountains at each of 10 randomly-selected public schools.
(b)Expenses.
Testing shall be conducted at the expense of the Baltimore City School System.
History: Ord. 04-647
Balt., Md., Code § 4-612 (2026)
§ 4-612 Failing fountains.LinkCopy Citation
Any water fountain that fails to meet EPA standards must be taken out of service.
History: Ord. 04-647