In this subtitle the following words have the meanings indicated. “Abatement” means a set of measures that eliminate or reduce lead–based paint hazards in residential, public, or commercial buildings, bridges, or other structures or superstructures in accordance with standards established by the Department which may include: The removal of lead–based paint and lead–contaminated dust, the containment or encapsulation of lead–based paint, the replacement or demolition of lead–painted surfaces or fixtures, and the removal or covering of lead–contaminated soil; All preparation, cleanup, disposal, and postabatement clearance testing activities associated with these measures; and The renovation, repair, and painting of a lead–containing substance in a residential, public, or commercial building built before 1978. “Lead containing substance” means: Any paint, plaster, or surface encapsulation material containing more than 0.50 percent lead by weight calculated as lead metal in the dried solid or more than 0.7 milligrams lead per square centimeter as measured by an X-ray fluorescence analyzer; or Such other standards consistent with an applicable federal definition as the Department may set by regulation. “Person” includes any public or municipal corporation, or any agency, bureau, department, or instrumentality of federal, State, or local government. “Provide lead paint abatement services” means to engage in the risk assessment, inspection, or abatement of lead-containing substances.

Except as provided in subsection (c) of this section, unless the person is accredited by the Department under this subtitle, a person may not: Act as a contractor or supervisor for the purpose of providing lead paint abatement services; Provide training to others who provide lead paint abatement services; or Engage in the inspection of lead-based paint hazards. The Department shall, by regulation, create exceptions to the accreditation requirement for instances where the disturbance of lead-containing substance is incidental. An individual who acts only as a worker or project designer need not be accredited, but must be trained.

The Department shall adopt regulations to carry out the provisions of this subtitle. Regulations adopted under this subtitle may include: Initial and continuing standards and procedures for accreditation, including education, training, examination, and job performance standards; Standards and procedures for renewal of accreditation; Standards and procedures for modification, suspension, or revocation of accreditation; Different standards and procedures for different lead paint abatement services; Standards and procedures for abatement involving the renovation, repair, and painting of lead–containing substances, including a requirement for lead–dust testing; Recognition of accreditation or similar approvals of persons by other governmental entities; Requirements for any person who is accredited by the Department to provide lead paint abatement services to be covered by a reasonable performance bond or reasonable liability insurance; and Such other provisions as may be necessary to effectuate the purposes of this subtitle. The Department shall review and revise its certification and other regulations under this subtitle as necessary to ensure continued eligibility for federal funding of lead–hazard activities in the State. The Department shall set reasonable fees for the accreditation of persons who provide lead paint abatement services sufficient to cover the Department’s direct and indirect costs of administering this subtitle.

There is a Lead Accreditation Fund. All fees collected under § 6-1003(d) and fines and penalties imposed under § 6-1005 of this subtitle shall be deposited in the Lead Accreditation Fund. The Department may apply for and accept any funds or grants from any federal, State, local, or private source for credit to the Fund that might assist with development, establishment, administration, and education and enforcement activities of the lead paint abatement services accreditation program under this subtitle. The Department shall use the Lead Accreditation Fund for activities by the Department that are related to processing, monitoring and regulating the accreditation of lead paint abatement services, and for program development of these activities. The Lead Accreditation Fund shall be a continuing, nonlapsing special fund, and is not subject to § 7-302 of the State Finance and Procurement Article. The State Treasurer shall hold and the State Comptroller shall account for the Accreditation Fund. The Accreditation Fund shall be invested and reinvested. Any investment earnings shall be paid into the Accreditation Fund.

Except as otherwise provided, the provisions and procedures of §§ 6–420 through 6–422 of this title and § 7–266(b) of this article shall be used and shall apply to enforce violations of: This subtitle; Any regulations adopted under this subtitle; and Any condition of accreditation issued under this subtitle.