This chapter establishes: Requirements and standards for the accreditation of contractors, supervisors, inspectors, project designers, and trainers providing lead paint abatement services for residential, public, or commercial buildings, bridges, or other structures or superstructures; Job performance standards for contractors, supervisors, and other persons disturbing a lead-containing substance in residential, public, and commercial buildings; and Training requirements for workers who perform lead paint abatement services. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Abatement” means a set of measures designed to 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; and All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with these measures. “Accreditation” means recognition by the Department that a contractor, supervisor, inspector, risk assessor, or training provider is in compliance with the applicable requirements of this chapter. “Child care center” has the meaning stated in COMAR 13A.16.01.02B. Contractor. “Contractor” means a company, partnership, corporation, sole proprietorship, association, self-employed individual, or other business entity. “Contractor” includes a public or municipal corporation, or an agency, bureau, department, or instrumentality of federal, state, or local government. Inspector. “Inspector” means an individual who provides a service as a lead paint inspector technician, or lead paint visual inspector. “Inspector” does not include an individual who conducts personal air monitoring or collects other samples to be used solely for the assessment of worker exposures to lead. “HEPA” or “high efficiency particulate air” means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micron in diameter or larger. “Lead-containing substance” means any paint, plaster, or other 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 milligram per square centimeter. “Lead hazard reduction treatment” means any work that disturbs a lead-containing substance in an Affected Property as defined in Environment Article, §6-801, Annotated Code of Maryland. “Lead paint abatement services” means the risk assessment, inspection, or abatement of lead-containing substances. “Lead paint inspection contractor” means a contractor that serves as, or employs, an inspector or lead paint risk assessor. “Lead paint inspector technician” means an individual who, as a service, determines the presence of a lead-containing substance through the following techniques: Use of a portable XRF analyzer; Collection of paint samples for submission to a laboratory for analysis; Collection of dust samples for submission to a laboratory for analysis; Use of chemical tests, such as sodium sulphide and sodium rhodizonate; and Any other accepted field method or technique for determining the lead content in paint. “Lead paint maintenance and repainting” means in-place management or interim control of a lead-containing substance including, but not limited to, the following activities: Removal of loose, chipping, or peeling paint; Limited replacement or repair of defective components or other substrates; The removal and replacement of windows and related trim; or Other measures to prepare lead paint for recoating with a lead-free product, encapsulation, or enclosure. “Lead paint removal and demolition” means a service that involves the stripping or other removal of a lead-containing substance from a coated surface, or the removal or demolition of components coated with a lead-containing substance, excluding steel structures. “Lead paint risk assessor” means an individual who conducts inspections, interprets information regarding the presence and condition of lead-containing substances, and prepares reports characterizing hazards associated with identified lead-containing substances. “Lead paint visual inspector” means an individual who conducts visual inspections and collects dust samples for analysis to verify conformance with the lead risk reduction standards of Environment Article, §6-815 or 6-819, Annotated Code of Maryland. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Person at risk” means a child under 6 years old or a pregnant woman who resides or regularly spends at least 24 hours per week in an affected property. “Project designer” means a person who develops specialized work plans for lead paint abatement for residential properties. “Provide lead paint abatement services” means to engage in the risk assessment, inspection, or abatement of lead-containing substances. “Residential building” means a privately or publicly owned structure, including a house, apartment building, rooming house, hotel, motel, or hospital, which may serve as a permanent or temporary domicile. “Structural steel” means the metallic and related structural components of an industrial, commercial, or public structure or superstructure. “Supervisor” means an individual responsible for oversight of lead paint abatement and lead hazard reduction treatments. “Third party examination” means a test required by EPA that is administered by the Department to a student who successfully completes initial training for any of the following lead paint abatement services: Lead paint removal and demolition supervisor; Lead paint inspector technician; or Lead paint risk assessor. “Training course” means a category of training conducted by a training provider. Training Provider. “Training provider” means a person who conducts lead paint abatement training courses. “Training provider” does not include an individual providing instruction as an employee of a training provider. “Work area” means an area designated by a supervisor within which lead paint abatement services are performed and within which lead dust and debris are contained in accordance with Regulation .11, .12, or .13 of this chapter, as applicable. “Worker” means an individual who, under the oversight of a supervisor, works on a lead paint abatement. “XRF” means an X-ray fluorescence analyzer which measures the lead content in paint and other materials. In this chapter, the following documents are incorporated by reference. Documents Incorporated. 40 CFR §745.225(d) and (e) (2003). 40 CFR §745.227(2003). The presence of a lead-containing substance is presumed in any residential building constructed before 1950 unless a person determines that all painted surfaces are lead-free in accordance with §B of this regulation. Determination of lead content in paint shall be based on: Use of an XRF by an accredited person; Analysis by a qualified laboratory of paint samples from surfaces to be disturbed during the project; A specific knowledge of the painting history of the structure; or Other procedures approved on a case-by-case basis by the Department. Lead paint abatement services shall be performed only by persons trained or accredited under this chapter. Except as provided in §§E and F of this regulation, performance of maintenance, repair, or renovation work involving the disturbance of a lead-containing substance in a residential building constructed before 1950 is subject to Regulation .11C(2) and (3), and (5)—(8) of this chapter. Except for §G of this regulation and Regulation .11C(5) and (12) of this chapter, performance of maintenance, repair, or renovation work that results in disturbances of a lead-containing substance is excluded from the regulations of this chapter as follows: Disturbance of a lead-containing substance associated with plumbing or electrical work that involves 3 square feet or less of surface area in a room; or Other disturbances of a lead-containing substance involving 3 square feet or less of surface area in a room, except for window removal or replacement. The following activities are not subject to the regulations of this chapter: An owner performing lead hazard reduction treatments in the owner-occupied dwelling unit; or A person performing maintenance, repair, or renovation work in an owner-occupied dwelling unit. The use of open flame burning for the removal of a lead-containing substance is prohibited in residential and public buildings and child care centers. Unless a person is accredited by the Department or trained under this chapter, the person may not provide: Lead paint abatement services as a contractor, inspector, lead paint risk assessor, supervisor, or worker; or Training to others who provide lead paint abatement services. A person may not hire, contract, or retain a person who is not properly accredited by the Department or trained under this chapter to provide lead paint abatement services. The Department may accredit a person upon: Proper completion of an application for accreditation on a form provided by the Department; Submission of proof that the applicant has satisfied the requirements for the category of accreditation requested, as specified in this chapter; and Payment of the fee required by Regulation .20 of this chapter. The Department may issue a certificate to each person accredited by the Department. Representatives of the Commissioner of Labor and Industry who provide occupational safety and health inspection, consultation, and training services for the Commissioner are recognized, under Environment Article, §6-1003(b)(5), Annotated Code of Maryland, as accredited to perform these services. The Department may recognize accreditation granted by a state other than Maryland, or by a federal agency if: The accreditation requirements of that state or agency are equivalent to or exceed the accreditation requirements set forth in this chapter; The person accredited by another state or federal agency has maintained accreditation in good standing; and In the case of a contractor who is not a self-employed individual, the contractor submits to the Department the certification required by Regulation .09B of this chapter. The Department may accredit persons who have completed training required by this chapter before the effective date of this chapter if the: Training course satisfied the requirements of this chapter; Training provider has received accreditation from the Department; and Applicant for accreditation satisfies all other requirements for accreditation under this chapter. The Department may recognize training received in a training course accredited by a state other than Maryland, or by a federal agency, only if the: Department determines that the requirements for the training course are equivalent to, or exceed, the requirements set forth for the comparable category of training in this chapter; and Training provider that offers the accredited course provides adequate evidence to the Department regarding individuals who have successfully completed the accredited training course. The Department has the right to perform oversight inspections and audits of all lead paint abatement services and related training. An individual may not provide a lead paint abatement service unless the individual has successfully completed the appropriate accredited training course for that service. The curriculum for each training course shall be developed by the training provider in conformance with standards included in this chapter, including all applicable topics set forth in 40 CFR §745.225(d) and (e), and subject to approval by the Department. The curriculum shall include: Required topics, as specified in this chapter; Learning activities which include lecture, demonstration of techniques and methods, and direct, hands-on experience; and Written instructional and reference materials. Each training course shall include the following core topics: Toxic effects of lead on young children, adults, and fetuses; Common sources of exposure to lead; Routes of exposure to lead; Hygiene and work practices to reduce lead exposure; Work practices necessary to minimize lead dust concentration; Containment, cleanup, and disposal of lead dust and debris; How to select, fit test, and maintain appropriate respiratory protection equipment; Protection from common work site hazards; and Regulatory standards established by the: Maryland Department of the Environment, Maryland Occupational Safety and Health Act, Federal Environmental Protection Agency, and Federal Occupational Safety and Health Administration. The hours of instruction required for each course exclude time allotted for meals and breaks. Attendance during the entire course and active participation in the hands-on activities provided for the course are required for successful completion of a course. Identification Card. An individual trained to provide a lead paint abatement service shall carry, while engaged in the lead paint abatement service, an identification card issued by a training provider or by the Department. Each training provider shall issue, on a form provided by the Department, an identification card to each individual who successfully completes a training course conducted by the training provider. A training provider shall only administer examinations approved or provided by the Department. The examination for a course shall reflect each of the designated content areas for the course and may include written, oral, and practical application components. The training provider shall administer the examination for each course. The Department may establish and administer a qualifying examination for instructors for each category of training course. The passing score for the instructors' examination shall be 90 percent, and the passing score for all other examinations shall be 70 percent. Third-Party Examinations. Accreditation for the following lead paint abatement service categories requires a third-party examination after successfully completing and passing an initial course for that particular lead paint abatement service category: Lead paint inspector technician; Lead paint risk assessor; or Lead paint removal and demolition supervisor. Before the Department may issue an accreditation certificate to a person for each of the categories in §F(1) of this regulation, that person shall: Complete the required course for accreditation or renewal; and Attain a grade of 70 percent or greater on the applicable third-party examination. The third-party examination may be administered by the Department or by a person approved by the Department who is not a training provider under this chapter. The Department may accept the results of third-party examinations conducted under the authority of a state other than Maryland or by EPA as fulfilling the requirements for a third-party examination. An applicant for accreditation who has not passed the third-party examination and received a valid identification card within 6 months of receiving a course completion certificate shall retake the appropriate course from a Maryland accredited training provider before reapplying for accreditation from the Department. A training provider who is accredited under provisions of this chapter may not administer examinations to meet the requirements of this section. General Requirements. A lead paint abatement worker shall have: Successfully completed an initial course and any review courses, as specified in this chapter; Received an identification card, issued by the training provider as proof of training, indicating an expiration date which is 36 months following the completion date; and Completed the specified review course before the expiration date. A lead paint abatement worker shall have a current valid identification card, issued by the training provider, in the worker's possession at all times when performing lead paint abatement. The contractor and supervisor for whom a worker works shall ensure that the worker has a current identification card or other evidence that the worker has satisfied the training requirements of this section before employing the worker to perform lead paint abatement services. Training Requirements. Initial Lead Paint Abatement Worker Course. The initial lead paint abatement worker course shall: Provide at least 14 hours of instructional time with at least 7 hours devoted to hands-on training activity; and Cover the core topics listed in Regulation .05 of this chapter. An individual who has successfully completed the initial lead paint abatement worker course is considered to have completed the core topics and 7 hours of the training required for any of the lead paint abatement supervisor courses under Regulation .10 of this chapter. Opportunities shall be included for direct observation of, and direct hands-on experience with, common abatement techniques and procedures. An individual who has successfully completed a worker training course approved by the Department under provisions of COMAR 26.02.07.11 has satisfied the training requirements of this regulation, except that the individual's training certification shall expire 36 months from completion of the approved worker training course. The lead paint abatement worker review course shall: Provide at least 7 hours of instruction; and Cover the topics included in the initial course, with specific emphasis on new and emerging techniques and procedures. General Requirements. A project designer shall have: Successfully completed the lead paint removal and demolition supervisor course during the previous 24 months; Received, as proof of training, an identification card, issued by the training provider, indicating an expiration date which is 24 months following the course completion date; Completed the specified review course and passed the examination designated for that course before the expiration date on the identification card; and Responsibility for oversight of a large scale lead paint abatement project and shall ensure completion of the abatement project in compliance with the applicable requirements of this chapter, COMAR 26.02.07, and COMAR 26.16.01. Education and Experience. A project designer shall have: A bachelor's degree in engineering, architecture, or a related profession, and 1 year experience in building construction and design or a related construction trade, including but not limited to lead paint abatement, carpentry, painting, or demolition; or 4 years of experience in building construction and design or a related construction trade, including but not limited to lead paint abatement, carpentry, painting, or demolition. The review course for the project designer shall: Provide at least 7 hours of instructional time; and Cover the topics included in the initial course, with special emphasis on new and emerging techniques, procedures, and issues. Initial Course Requirements. The initial course for the project designer shall provide at least 7 hours of instructional time in addition to the 28 hours of instructional time previously completed during the lead paint removal and demolition supervisor course. The course shall cover the following topics: The topics required for the lead paint abatement removal and demolition supervisor course as specified in Regulation .10 of this chapter; Analytical methods for lead paint hazard assessment; Selection and development of an effective lead paint abatement strategy; Cost estimation for lead paint abatement; Lead paint abatement materials and equipment; Lead paint abatement regulations and guidelines; Writing lead paint abatement project specifications; Waste disposal issues; and Insurance and liability issues. A contractor who offers to perform lead paint abatement services shall be accredited. In order to be accredited, a contractor shall pay the fee in Regulation .20 of this chapter and submit to the Department: A letter certifying that the contractor will employ, hire, or contract only with: Supervisors accredited by the Department in the area for which their expertise is used; Workers trained in the work being performed; and Accredited inspectors and lead paint risk assessors; A letter specifying the area or areas of specialty work for which accreditation is being sought and certifying that the contractor shall offer only those specified services; and A certificate stating that the contractor is in good standing with the Department of Assessments and Taxation, if the contractor is a business entity as defined by Corporations and Associations Article, §1-501, Annotated Code of Maryland. Except as provided in §D of this regulation, a contractor shall employ a supervisor to oversee performance of lead paint abatement services. A contractor who is a self-employed individual may perform lead paint abatement services, if the contractor is accredited by the Department as a supervisor. A contractor shall ensure that all employees comply with the requirements of Regulations .11—.13 of this chapter, as applicable. A contractor providing inspection or lead paint risk assessor services: Shall comply with all work practice standards set forth in 40 CFR §745.227 and COMAR 26.16.05 for the performance of inspections and collection of paint and dust samples; May not have a financial interest in the contractor conducting an abatement project for which the inspection contractor is providing services; and May not be a related party to the property owner. The Department may issue a certificate with an expiration date which is 24 months following the date of issuance to a contractor who meets the accreditation requirements of this regulation. Unless the contractor applies for renewal of accreditation before the certificate expiration date, the contractor's accreditation expires as of that date. A contractor shall ensure that its employees, agents, and representatives comply with all applicable requirements of this chapter and COMAR 26.16.02. General Requirements. A lead paint abatement supervisor shall have: Successfully completed an initial course and passed the examination designated for that course, as specified in this regulation; and Received, as proof of training and accreditation, an identification card and a certificate indicating an expiration date which is 24 months following the accreditation date. Unless the lead paint abatement supervisor has completed the specified review course, passed the examination designated for that course, and applied for renewal of accreditation before the certificate expiration date, the supervisor's accreditation expires as of that date. A lead paint abatement supervisor is responsible for oversight of a lead paint abatement project and shall ensure completion of the abatement project in compliance with the applicable requirements of this chapter and COMAR 26.16.02. An accredited lead paint maintenance and repainting supervisor is qualified only to provide oversight of a lead paint maintenance and repainting project. An accredited lead paint removal and demolition supervisor is qualified to provide oversight of lead paint removal and demolition as well as lead paint maintenance and repainting, and is only required to apply and submit a fee to the Department for the lead paint removal and demolition category of accreditation. Experience. A lead paint removal and demolition supervisor shall have at least 2 years of experience in related construction trades, including but not limited to lead paint abatement, carpentry, painting, or demolition. A lead paint maintenance and repainting supervisor shall have at least 6 months of experience in any of the following relevant occupations: Construction trades, including but not limited to lead paint abatement, carpentry, painting, or demolition; Maintenance supervision; or Property management. Lead Paint Removal and Demolition Supervisor Training Requirements. Initial Course. An initial lead paint removal and demolition supervisor course shall provide at least 28 hours of instruction over at least a 4-day period. An initial lead paint removal and demolition supervisor course shall include the following topics: The core topics listed in Regulation .05 of this chapter; Regulations governing lead paint abatement activities and projects; Window replacement techniques; Worker safety and health requirements; and Safe and effective lead paint abatement practices. A lead paint removal and demolition supervisor who, before the effective date of this chapter has successfully completed a training program based on the U.S. Environmental Protection Agency “Lead Abatement Training for Contractors and Supervisors” published in July, 1992, has satisfied the training requirement set forth in this subsection and is eligible to take an examination for accreditation in Maryland. A lead paint removal and demolition supervisor review course shall: Provide at least 7 hours of instruction; and Include all topics included in the initial course, with specific emphasis on new and emerging techniques and procedures. Lead Paint Maintenance and Repainting Supervisor Training Requirements. Initial Course. The initial lead paint maintenance and repainting supervisor course shall provide at least 14 hours of instructional time over at least a 2-day period. The initial lead paint maintenance and repainting supervisor course shall cover the following topics: Core topics listed in Regulation .05 of this chapter; Work practices and control measures necessary to minimize lead dust concentrations, including work area preparation, selection and performance of appropriate abatement and window replacement techniques, daily and final cleanup, and waste disposal; Pertinent regulations established by the Department of the Environment; and Management of worker safety and health programs, including respiratory protection and worker right-to-know programs. The lead paint maintenance and repainting supervisor review course shall: Provide at least 7 hours of instruction; and Cover the topics included in the initial course, with specific emphasis on new and emerging techniques and procedures. Except for performance of lead hazard reduction treatments, persons performing lead paint abatement services shall ensure that the provision of lead paint abatement services involving residential buildings and child care centers conforms to COMAR 26.02.07. At least 24 hours but not more than 10 days before beginning lead paint abatement projects for residential buildings, the contractor or supervisor shall notify the Department of the location and anticipated start and completion dates for the projects. On-Site Inspections. The accredited supervisor providing oversight for lead paint abatement services shall, at a minimum, conduct an on-site review at the following times: At the beginning of a project to ensure that required containment measures are in place; and During final cleanup of a project to ensure that all work has been satisfactorily completed and that cleanup is conducted in compliance with COMAR 26.02.07.08 or §C of this regulation, as applicable. The accredited supervisor shall be: On-site at all times; or Available by telephone, pager, or answering service and able to be present at the work site in less than 2 hours. Risk Reduction Work Practices. Notwithstanding the provisions of COMAR 26.02.07, lead hazard reduction treatments shall be performed in conformance with this section. A person conducting lead hazard reduction treatments may not use methods that are prohibited under COMAR 26.02.07.03. A person conducting lead hazard reduction treatments may use any of the following methods: Those methods authorized in COMAR 26.02.07.03 and 26.16.02.07; or Scraping of loose, chipping, or peeling paint to prepare a surface for repainting or encapsulation, if the person: Uses adequate water to prevent airborne dust and to ensure that dust and debris remain damp until the surface and work area can be cleaned and the debris placed in plastic bags for disposal, and Contains any dust and debris as required in §C(6) and (7), of this regulation, as applicable. Except for window removal or replacement, disturbance of a lead-containing substance involving 3 square feet or less of surface area in a room during the performance of lead hazard reduction treatments is exempt from §C(2), (3), (6), (7), and (12) of this regulation. Whenever repairs or maintenance work will disturb the paint on interior surfaces of an affected property, the owner and supervisor shall make reasonable efforts to ensure that individuals not performing work are not present in the work area and that persons at risk are removed from the affected property when the work is performed. If lead hazard reduction treatments involve the disturbance of paint on more than 3 square feet of surface area within a room, or involve window removal or replacement, the supervisor shall ensure that: All movable objects are moved: Outside of the room which contains a work area, or To a distance of at least 3 feet from the surface on which the work is to be performed, and covered with plastic sheeting at least 4 mils thick; Caution signs, with the words, “Caution, Lead Hazard, Keep Out” in bold lettering at least 2 inches high, are posted in a clearly visible location at each entrance to the work area; Dust and debris generated during the performance of a lead hazard reduction treatment in an interior work area are contained within the work area; Containment of dust and debris generated during performance of a lead hazard reduction treatment in an exterior work area conforms to COMAR 26.02.07.07B(2); A person not subject to 29 CFR §1926.62 with Maryland amendments to it under COMAR 09.12.31 shall wear, when present in the work area, a half-mask air purifying respirator equipped with HEPA filters when a heat gun or sander is in use; In an occupied dwelling unit, the work area shall be sealed from all other portions of the unit; In an occupied dwelling unit, if the work area includes the kitchen, storage areas for food, dishes, and utensils shall be protected so that dust does not reach the interior; In an unoccupied dwelling unit, the interior of storage areas for food, dishes, and utensils shall be washed and vacuumed as provided in §C(8) of this regulation; Nonmovable objects, such as radiators, refrigerators, stoves, and bookcases, shall be covered with plastic sheeting at least 4 mils thick secured in place; Floors in the work area shall be covered with plastic sheeting at least 4 mils thick secured in place; and All forced air ventilation in the work area shall be shut down and exhaust and intake points in the work area shall be sealed. Wall-to-Wall Carpeting. During the conduct of work specified in §C(6) of this regulation, wall-to-wall carpeting which remains in a room shall be protected from lead contamination by at least one layer of plastic sheeting, at least 4 mils thick, secured in place. If, during the performance of the lead hazard reduction treatments, the plastic sheeting is torn or punctured, the plastic sheeting shall be immediately repaired or replaced. Dust and debris generated during the performance of lead hazard reduction treatments may be wrapped in the plastic sheeting and prepared for disposal, as required under §C(9) of this regulation. The plastic sheeting shall be carefully rolled to contain all dust and debris. Following the removal of all plastic sheeting, the carpeting shall be thoroughly cleaned with an HEPA vacuum cleaner. Cleanup of Work Area. After completion of lead hazard reduction treatments and other activities that may disturb lead paint in a work area, but before applying paint or other surface coatings, the contractor or supervisor shall: Deposit all waste from painted surfaces in plastic bags, at least 4 mils thick, and seal the bags; Vacuum dust from all surfaces in the work area, except ceilings, with a HEPA vacuum; After HEPA vacuum cleaning, as required in §C(8)(b) of this regulation, wash all surfaces, except the ceiling, walls, and carpeted surfaces, with a detergent, changing the wash water at frequent enough intervals to assure adequate cleaning; and After washing as required in §C(8)(c) of this regulation, and all surfaces have dried, repaint, as needed, to provide smooth, intact, cleanable surfaces. Waste Disposal. Waste from painted surfaces shall be removed before a vacant dwelling unit is reoccupied, or not later than 72 hours after the cleanup has been completed in an occupied dwelling unit. Transport and disposal of waste from painted surfaces shall be conducted in such a manner as to prevent any of the waste from painted surfaces from becoming air-borne. Alternative Procedures. The Department may, on a case-by-case basis, allow an alternative procedure for the performance of lead hazard reduction treatments or modified lead hazard reduction treatments, if the contractor or supervisor submits a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedures provide equivalent protection of human health and the environment. In all cases in which the Department allows the use of an alternative procedure under §C(11)(a) of this regulation, the Department shall have access to the work area for a 1-year period following completion of the work to determine the continued effectiveness of the alternative procedure. Cleanup after Disturbance of a Lead-Containing Substance. A person performing maintenance, repair, or renovation work in a residential building constructed before 1950, that results in a disturbance of a lead-containing substance that involves 3 square feet or less of surface area in a room, shall remove all visible debris created as a result of that work before the person leaves the affected property. Except for performance of lead paint abatement services in residential buildings and child care centers, persons accredited under this chapter shall ensure that lead paint abatement services involving commercial and public buildings conform to this regulation. For the purposes of this regulation: “Commercial building” means offices, stores, shops, or other retail space and any building accessible to the public; and “Public building” means any government building accessible to the public. Access to Work Area. Entry into the work area is limited to: Workers and other persons who have met the training or accreditation requirements of this chapter; The building owner or the owner's designee; A State, county, or local enforcement official or the official's designee; or A person approved by the Department to engage in research on lead in buildings. In addition to other required signage, the project contractor or supervisor shall post, in a conspicuous location at each entrance into the work area, a sign which includes the phrase “Caution—Lead Hazard, Keep Out” in bold lettering at least 2 inches high. The following activities are prohibited: Use of an open flame torch to remove a lead-containing substance; Dry sanding or scraping, except with a HEPA filtration system; Abrasive blasting, except with a recovery and filtration system approved by the Department; Uncontained hydroblasting; and Heat gun operating at or above 1,100°F. Control of Emissions and Dust. In interior areas, before beginning any activity which may generate lead-containing dust or debris, the supervisor shall remove or cover all furnishings in the work area, and shall securely cover floors and nonmovable objects with plastic sheeting at least 4 mils thick. In exterior areas, before beginning any activity which may generate lead-containing dust or debris, the supervisor shall use plastic sheeting and, as necessary, vertical shrouds to contain all visible debris within the work area. Cleanup. Cleaning procedures in interior areas shall employ the use of a vacuum cleaner with an HEPA filtration system and wet cleaning with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water. Dry sweeping and other methods which generate substantial levels of airborne dust may not be used for cleaning. At the completion of work each day, the work area shall be cleaned of accumulations of dust and debris. At the end of the project, the work area shall be cleaned of all visible dust and debris. Disposal. The contractor or supervisor shall ensure compliance with applicable hazardous waste regulations under COMAR 26.13. Solid waste which is not classified as hazardous waste shall be secured at the work site and transported to a permitted lined sanitary landfill within 48 hours of completion of the project. Liquid waste shall be contained at the work site and managed in accordance with federal, State, and local regulations. Alternative Procedures. The Department may, on a case-by-case basis, allow an alternative procedure for abatement of a lead paint hazard if the owner, contractor, or supervisor who uses this procedure submits a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides an equivalent or improved abatement result. In all cases in which the Department allows the use of an alternative procedure under §G(1) of this regulation, the owner shall, for a 2-year period after completion of the lead paint abatement project, permit the Department to enter the area where the abatement occurred in order to determine the continued effectiveness of the allowed alternative procedure. Structural Steel Worker Training Requirements. The general requirements for lead paint abatement worker training specified in Regulation .07A of this chapter apply to structural steel lead paint abatement workers. Initial Training Course Requirements. The initial structural steel worker course shall provide at least 7 hours of instruction time. The initial course shall cover the following topics: Core topics listed in Regulation .05 of this chapter; Control of environmental lead contamination, including establishing and maintaining containment, and disposal of contaminated debris; Prevention of lead exposures, including engineering controls, providing and maintaining ventilation in containment, hygiene, use of personal protection clothing and equipment, and respirator selection, maintenance, and fit testing; and Protection from heat, falls, chemical exposures, and other hazards associated with materials and equipment commonly employed in lead paint removal. The course shall provide realistic demonstration of abatement techniques and direct hands-on experience with appropriate techniques. The structural steel worker review course shall: Provide at least 7 hours of instruction; and Cover the topics included in the initial course, with specific emphasis on new and emerging techniques and procedures. Structural Steel Supervisor Accreditation Requirements. General Requirements. A structural steel lead paint abatement supervisor shall have successfully completed an initial course and passed the examination designated for that course. A structural steel lead paint abatement supervisor shall have received, as proof of training, a certificate and identification card indicating an expiration date which is 24 months following the accreditation date. Unless the structural steel lead paint abatement supervisor has completed the specified review course, passed the examination designated for that course, and applied for renewal of accreditation before the certificate expiration date, the supervisor's accreditation expires as of that date. A structural steel lead paint abatement supervisor is responsible for oversight of any lead paint abatement project involving structural steel and shall ensure: Compliance with all applicable regulations; and Completion of the project in an adequate and professional manner. A structural steel lead paint abatement supervisor shall have at least 2 years of experience in related construction trades including, but not limited to, abrasive blasting, paint removal, and painting. Training Requirements. The initial structural steel supervisor course shall provide at least 28 hours of instruction time presented over at least a 4-day period. The initial structural steel supervisor course shall cover the following topics: Topics listed in §A of this regulation; Control of environmental lead contamination, including establishing and maintaining containment, and disposal of contaminated debris; Worker protection, including engineering controls, hygiene, use of personal protection clothing and equipment, and respirator selection, maintenance, and fit testing; and Use of current, state-of-the-art equipment and techniques used in structural steel lead paint abatement activities. The course shall provide realistic demonstration of safe and effective abatement procedures and direct hands-on experience with appropriate techniques. The structural steel supervisor review course shall: Provide at least 7 hours of instruction; and Cover all topics included in the initial course, with specific emphasis on new and emerging techniques and procedures. Structural Steel Contractor/Supervisor Performance Standards. At least 24 hours, but not more than 10 days, before beginning a lead paint abatement involving structural steel, the contractor or supervisor shall notify the Department of the location and anticipated start and completion dates for the project. The contractor or supervisor shall: Prevent airborne dispersal of lead-contaminated particulate matter, in conformance with COMAR 26.11.06.03; and Contain all wastes within the work site or in a secure storage area, and shall dispose of all wastes in accordance with COMAR 26.13.03. General Requirements. A lead paint inspector technician shall have successfully completed an initial course, as specified in this regulation, and passed the examination designated for that course. A lead paint inspector technician shall have received, as proof of training and accreditation, an identification card and a certificate indicating an expiration date which is 24 months following the accreditation date. Unless the lead paint inspector technician has completed the specified review course, passed the examination designated for that course, and applied for renewal of accreditation before the expiration date, the lead paint inspector technician's accreditation expires as of that date. A lead paint inspector technician who is employed by or otherwise performs inspections for a lead paint inspection contractor shall conduct inspections to identify and measure the lead content in paint, as specified in COMAR 26.16.05. Training Requirements. Initial course. The initial lead paint inspector technician course shall provide at least 21 hours of instruction time, presented over at least a 3-day period. The initial lead paint inspector technician course shall cover the following topics: The core topics listed in Regulation .05 of this chapter; Methods for detecting and measuring lead in paint, dust, and soil; The performance of lead paint surveys; Radiation safety and health, as required to meet radiation licensing provisions referenced in COMAR 26.12.01.01; Lead hazard assessment, including the condition of paint, condition of substrate, and other conditions which may contribute to lead exposures; and Regulatory requirements for the abatement or maintenance of lead-containing substances. The course shall include demonstration and direct hands-on experience in the: Operation of portable XRF analyzers; Collection of paint chips, dust wipe samples, and other environmental samples which indicate the presence of lead hazards; and Use of qualitative chemical tests. An individual who, before implementation of this regulation, has successfully completed a training course based on the lead inspector training course published by the U.S. Environmental Protection Agency in April 1993, has satisfied the training required by §B of this regulation and is eligible to take the examination for accreditation in Maryland. The lead paint inspector technician review course shall provide at least 7 hours of instruction and shall cover topics included in the initial course, with specific emphasis on new and emerging techniques and procedures. The examinations for both the initial and the review course shall include a proficiency test demonstrating the performance of a well-documented survey, using appropriate technologies. General Requirements. A lead paint visual inspector shall have: Successfully completed an initial course, as specified in this regulation, and passed the examination designated for that course; Received, as proof of training, a certificate and identification card indicating an expiration date which is 24 months following the accreditation date; and Completed the specified review course and passed the examination designated for that course before the expiration date. Training Requirements. Initial Course. The initial lead paint visual inspector course shall provide at least 14 hours of instruction time, presented over at least a 2-day period. The initial lead paint visual inspector course shall cover the following topics: Core topics listed in Regulation .05 of this chapter; Statutory and regulatory requirements for lead hazard reduction treatments in rental housing; Basic principles of housing construction, including appropriate nomenclature for components to be recorded on inspection forms; Sources of substrate and paint failure; Procedures for correcting substrate and paint failure; Potential for lead exposures during and following unsafe maintenance activities; Methods of sampling for and measuring lead in dust; and Documenting and reporting inspection information. The course shall include practical experience in documenting untreated and inadequately treated sources of exposure to lead paint, lead dust, and lead debris. For an accredited lead paint inspector technician, the initial lead paint visual inspector course is the same as the visual inspector review course. The lead paint visual inspector review course shall provide at least 7 hours of instruction and shall cover topics included in the initial course, with specific emphasis on new requirements and procedures. The examinations for both the initial and the review lead paint visual inspector courses shall include a proficiency test requiring the documentation of observations of the conditions and appropriate repair of windows, doors, and other architectural components of residential buildings, and proper use of dust samples for analysis of lead content. General Requirements. A lead paint risk assessor shall have: Successfully completed the lead paint inspector technician course and passed the examination designated for that course; and Received, as proof of training and accreditation, an identification card and a certificate indicating an expiration date which is 24 months following the accreditation date. Unless the lead paint risk assessor has completed the specified review course, passed the examination designated for that course, and applied for renewal of accreditation before the expiration date, the lead paint risk assessor's accreditation expires as of that date. A lead paint risk assessor who is employed by or otherwise performs inspections for a lead paint inspection contractor shall conduct inspections, provide interpretation of information regarding the presence and condition of lead-containing substances, and prepare reports characterizing hazards associated with identified lead-containing substances specified in COMAR 26.16.05. Training Requirements. The lead paint risk assessor initial course shall provide at least 14 hours of instruction. The initial lead paint risk assessor course shall cover the following topics: Epidemiology of lead exposures; Lead toxicity; Potential relationships between observed conditions and lead exposures; Lead paint disclosure requirements for real estate transactions; In-place management of lead paint; Remodeling and modernization; and Sampling for other sources of lead exposure found in soil and drinking water. The lead paint risk assessor review course shall provide at least 7 hours of instruction and shall cover topics included in the initial course, with specific emphasis on new requirements and procedures. Experience. A lead paint risk assessor shall have: Been an accredited lead paint inspector technician for at least 1 year; and Satisfied one of the following: Conducted at least 20 lead-based paint inspections at separate residential units, public buildings, or commercial properties; or Conducted at least five lead-based paint inspections under COMAR 26.16.05.09 and .10 and 15 lead dust inspections from at least 15 separate residential units, public buildings, or commercial properties. All documentation supporting satisfaction of this section shall include the date, time, and site address of all required lead paint inspections and lead dust inspections. The Department may request additional documents and information to verify that the requirements of this chapter have been satisfied. Experience attained before the effective date of this chapter may be credited to the experience requirements of this regulation. The Department may accredit a training provider separately for each training course to be provided by that training provider. Accreditation is based on: Approval by the Department of an application submitted by the training provider; and An audit, by the Department, of a class conducted by the training provider implementing the curriculum included in the application. Training Provider Accreditation Application Requirements. A training provider shall submit to the Department a separate application for accreditation for each training course to be provided. The application for each training course shall include: A completed application sheet, on a form to be provided by the Department; A curriculum, including stated learning objectives, a detailed outline of course content which clearly indicates allocation of time for specified topics, a description of learning activities, and a description of audiovisual and other teaching materials; Copies of all printed instructional materials to be provided to students; A list of instructors, including a designated primary instructor, who have been accredited under Regulation .18 of this chapter; A statement of qualifications for recognized experts who are to serve as instructors, as specified in Regulation .18 of this chapter; A description of training facilities which are adequate to accommodate all learning activities specified in the curriculum; and A written plan for administering examinations, providing identification cards to students, and submittal of required training records to the Department. Requirements for Training Course Accreditation Renewal. A training provider shall submit to the Department, within 1 year of the training course accreditation date or most recent renewal, a written request for training course accreditation renewal. The written request for accreditation renewal shall include a statement reflecting efforts of the training provider to maintain an up-to-date training program and describing any changes in course curriculum. Unless the Department approves the written request for accreditation renewal and approves an audit of a training class conducted by the training provider implementing the curriculum with changes as indicated in the request for accreditation renewal, the training provider's accreditation expires after 1 year. Training Provider Performance Requirements. Each training provider shall maintain records of all individuals who have successfully completed lead paint abatement training courses, to include name, date of birth, test score, training expiration date, and individual identification number. Records for supervisor and inspector courses shall also include each trained individual's mailing address and telephone number. Records for each training class shall be submitted to the Department, in a format established by the Department, within 10 working days following that class. The training provider shall submit, for approval by the Department, proposed changes in course faculty and substantive changes in course content. The training provider shall notify the Department at least 48 hours in advance of each scheduled training class. The training provider shall present its courses in accordance with the representations made on its application. Deviations from the application by the training provider shall be approved in advance by the Department. Requirements for Foreign Language Courses. A training course to be presented in a language other than English is regarded as separate from a training provider's English language version of that training course and requires a separate application for accreditation. Instructors for any foreign language course shall meet requirements of Regulation .18 of this chapter and shall be fluent in the language of presentation for the course. The training provider for a foreign language course shall provide written instructional and reference materials in the language of presentation for the course and shall provide to the Department written verification of the accuracy of translations for these materials. The training provider for a foreign language course shall provide an examination, approved by the Department, in the language of presentation for the course. Presentation of an English language course may not be provided through an interpreter to a non-English-speaking class. Accreditation. The primary instructor and, except as provided in §B of this regulation, any other instructor for a lead paint abatement training course, shall be currently accredited by the Department before participating in the presentation of the course. The Department may issue a certificate to an instructor who meets the qualifications specified in this regulation. The certificate shall: Specify the training courses which the instructor is qualified to teach; and Indicate an expiration date which is 12 months following the date of the instructor accreditation examination or examinations. An instructor shall have successfully completed a course which is comparable to that which the instructor will teach and which has been approved by the Department. Instructor Accreditation Examination. The Department may establish a standardized instructor accreditation examination for each category of training to be provided under these regulations. An accredited instructor shall have successfully attained a passing score on the instructor accreditation examination for any category of training which the instructor is to provide. Unless the instructor has passed the examination or examinations for the designated course or courses and has applied for renewal of accreditation before the expiration date, the instructor's accreditation expires as of that date. Experience. An accredited instructor: Shall have documented on-site experience with lead paint abatement projects which have been conducted in accordance with COMAR 26.02.07 or other lead paint abatement standards established by the Department; and For a lead paint inspector technician course shall: Be an accredited lead paint inspector, and Have at least 6 months of experience in the performance of lead paint inspection work, using portable XRF devices and other relevant techniques. An individual who has served as an instructor in a worker training course approved by the Department under COMAR 26.02.07.11 satisfies the training and experience required by §A(6) of this regulation to serve as an instructor for a lead paint abatement worker training course. Recognized Expert. Recognized experts include: A physician who is board-certified in occupational medicine or who has demonstrated equivalent experience; A certified occupational health nurse; A certified industrial hygienist; A registered environmental sanitarian; An accredited lead paint abatement services contractor; An accredited lead paint risk assessor; A certified safety professional; or Other professionals approved on a case-by-case basis by the Department. A recognized expert may serve as an instructor in an accredited course under the direction of an accredited instructor. A recognized expert may teach only those topics corresponding with the specified areas of expertise. The Department may suspend or revoke the accreditation or training identification card of a person accredited or trained under provisions of this chapter if the person: Misrepresents or falsifies, to the Department, to a client, or to a customer, facts relating to lead paint abatement services; Fails at any time to meet the qualifications for accreditation or training established in this chapter; Violates provisions of this chapter or other applicable regulatory requirements; Is determined by the Department or another competent regulatory authority to be negligent or incompetent in performing lead paint abatement services; Issues or uses false or altered accreditation, certificates or training identification cards; As a training provider or an instructor, is determined at any time by the Department to provide inaccurate information or inadequate training; or Performs an activity at a job site, requiring accreditation or training, without being in physical possession of a current accreditation certificate or training identification card. The Department may send notice of the revocation or suspension of a person's accreditation or training identification card to the person by certified mail. The person may, within 10 days after receipt of the notice, request a hearing. If the Department receives a timely request, the Department shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Emergency Suspension. The Department may immediately suspend the accreditation or training identification card of a person accredited or trained under provisions of this chapter on a finding that the public health, safety, or welfare requires emergency action. The Department shall deliver a written notice to the person that: Informs the person of the emergency suspension; Cites the regulation or regulations with which the person has failed to comply that is the basis for the emergency suspension; and Notifies the person of the right to request a hearing. The filing of a hearing request does not stay the emergency action. When an accreditation or training identification card is immediately suspended, the person shall immediately: Return the accreditation or training identification card to the Department; and Stop providing lead paint abatement services. A person aggrieved by the action of the Department under this regulation may appeal the Department's action by filing a request for a hearing within 30 days of the delivery of the notice. The Secretary's designee shall conduct a hearing within 7 calendar days of the request for a hearing and issue a proposed decision within 10 business days of the close of the hearing record. Exception may be filed by an aggrieved person under COMAR 26.01.02. The Secretary shall make a final decision under COMAR 26.01.02. Fees shall be deposited in the Lead Accreditation Fund. Payment of fees under this subtitle shall be in the form of a personal check, cashier's check, or money order made payable to the Lead Accreditation Fund. Accreditation fees may not be imposed on the following: A State or local government; An employee of a State or local government providing a lead paint abatement service on behalf of that government; or A nonprofit training program. An applicant for accreditation to provide a lead paint abatement service shall submit an application fee in accordance with the following schedule: The renewal fee for each accreditation category is the same as the initial application fee and the applicant shall submit the fee with the application for renewal of accreditation. A self-employed individual who is accredited as a supervisor, inspector, or risk assessor under the provisions of this chapter is a contractor for the purposes of this chapter and is exempt from paying the lead paint abatement services contractor application fee. Environment Article, §§1-404, 6-818, 6-851, 6-852, 6-1001—6-1005, and 7-206—7-208, Annotated Code of Maryland Effective date: Regulations .01—.20 adopted as an emergency provision effective November 24, 1995, except Regulations .03, .11, .12, and .13C effective February 24, 1996 (22:24 Md. R. 1874) Regulations .01, .02, .04—.10, .13A, B, and .14—.20 adopted effective May 20, 1996 (23:10 Md. R. 734) Regulations .01 and .13 amended and Regulations .03, .11, and .12 adopted effective August 12, 1996 (23:16 Md. R. 1176) Regulation .01A, C amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .02B amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .02B amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536) Regulation .02B amended effective July 1, 2020 (476:13 Md. R. 643) Regulation .02-1 adopted effective November 22, 2004 (31:23 Md. R. 1655) Regulation .03 amended effective June 29, 1998 (25:13 Md. R. 997) Regulation .03F amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536) Regulation .04 amended effective November 22, 2004 (31:23 Md. R. 1655) Regulation .04I adopted effective May 19, 2008 (35:10 Md. R. 974) Regulation .05B amended effective November 22, 2004 (31:23 Md. R. 1655) Regulation .06F adopted effective June 29, 1998 (25:13 Md. R. 997) Regulation .06F amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .07B amended effective March 14, 2005 (32:5 Md. R. 581) Regulation .08 amended effective November 22, 2004 (31:23 Md. R. 1655) Regulation .08A amended effective May 19, 2008 (35:10 Md. R. 974); June 18, 2018 (45:12 Md. R. 619) Regulation .08D amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .09B amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .09F amended effective November 22, 2004 (31:23 Md. R. 1655); May 19, 2008 (35:10 Md. R. 974) Regulation .11A, C amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536) Regulation .11A-1 adopted effective May 19, 2008 (35:10 Md. R. 974) Regulation .11B, C amended effective November 22, 2004 (31:23 Md. R. 1655) Regulation .11C amended effective February 17, 2003 (30:3 Md. R. 182) Regulation .11D amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .12D amended effective November 22, 2004 (31:23 Md. R. 1655) Regulation .14A adopted effective May 19, 2008 (35:10 Md. R. 974) Regulation .16 amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .19 amended effective November 22, 2004 (31:23 Md. R. 1655) Regulation .20D amended effective November 22, 2004 (31:23 Md. R. 1655); May 19, 2008 (35:10 Md. R. 974); June 18, 2018 (45:12 Md. R. 619) This chapter establishes requirements and standards for the maintenance and inspection of residential rental properties. In this chapter, the following words have the meanings indicated. Terms Defined. “Accredited” means accredited by the Department of the Environment under provisions of COMAR 26.16.01. Component. “Component” means an architectural element of a dwelling unit, common area, or exterior surface, identified by type and location. “Component” includes, but is not limited to: A bedroom wall; An exterior window sill; A baseboard in a living room; A kitchen floor; An interior window sill in a bathroom; A porch floor; Stair treads in a common stairwell; or An exterior wall. “Component type” means a group of like components that: Are repeated in more than one room equivalent in a dwelling unit; and Have a common substrate. “Encapsulant coating” means coating lead-based paint with a material which is applied as a liquid, which forms a durable, long-lasting coating for lead-based paint, and which is approved for use, on a case-by-case basis, by the Department. “Lead-based paint” means paint or other surface coating that contains lead in excess of the levels set forth in COMAR 26.16.01.02B(7). “Lead-contaminated dust” means dust with a lead content equal to or greater than: 10 micrograms per square foot in dust collected from a floor; 100 micrograms per square foot in dust collected from a window sill; or 100 micrograms per square foot in dust collected from a window well. “Lead-free” means, except for factory-applied coatings on metal components, containing no lead-based paint on interior or exterior surfaces. “Lead-free replacement window” means a window that: Was installed after 1978; or Has been determined by an accredited lead paint inspector technician or lead paint risk assessor to contain no lead-based paint. “Lead-safe” means: Constructed after 1978; Certified as lead-safe under Regulation .04 of this chapter; or Certified as lead-free under Regulation .05 of this chapter. “Limited lead-free” means, except for factory-applied coatings on metal components, meeting the following conditions: All interior surfaces of the affected property contain no lead-based paint; All exterior painted surfaces of the affected property that were chipping, peeling, or flaking, have been restored with non-lead-based paint; No exterior painted surfaces of the affected property are chipping, peeling, or flaking; and The owner of an affected property submits to the Department, every 2 years, a certification by an accredited lead paint inspection contractor stating that no exterior painted surface of the affected property is chipping, peeling, or flaking. “Room” means an enclosed or semi-enclosed living space, including a defined hallway, within a dwelling unit. Room Equivalent. “Room equivalent” means an identifiable part of a dwelling unit, common area, or exterior surface. “Room equivalent” includes, but is not limited to: A room; A foyer; A staircase; A hallway; or Exterior sides of a building with the same paint history. “Substrate” means the material immediately beneath the painted surface. Testing Combination. “Testing combination” means a unique combination of room equivalent, component type, and substrate. “Testing combination” may include a group of components, having the same painting histories, that are structurally related and adjacent to each other. The U.S. Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (Second Edition, July, 2012), Chapter 7: Lead-Based Paint Inspection is incorporated by reference. The owner of a rental property shall: Verify compliance with the risk reduction standard of Environment Article, §6-815, Annotated Code of Maryland, by an inspection for lead-contaminated dust, as specified in §B of this regulation, provided that any chipping, peeling, or flaking paint has been removed or repainted on the exterior painted surfaces of the residential building in which the rental dwelling unit is located and the interior painted surfaces of the rental dwelling unit; or by satisfaction of the requirements in §A(2) of this regulation; and Verify compliance with the risk reduction standard of Environment Article, §6-819, Annotated Code of Maryland, by a visual inspection as specified in §C of this regulation, to verify compliance with the required lead hazard reduction treatments, and an inspection for lead-contaminated dust, as specified in §B of this regulation. Inspection for Lead-Contaminated Dust. To satisfy the test for lead-contaminated dust under Environment Article, §6-815 or 6-819, Annotated Code of Maryland, an accredited lead paint visual inspector or lead paint risk assessor may issue a certificate of satisfactory lead dust inspection following the laboratory analysis of dust samples that meet the levels in Regulation .02B(6) of this chapter. The dust samples shall have been collected during an inspection by an accredited lead paint visual inspector or accredited lead paint risk assessor. The visual inspector or lead paint risk assessor shall follow procedures as specified in COMAR 26.16.05. If the lead paint visual inspector or lead paint risk assessor identifies chipping, flaking, or peeling paint, a failing certificate shall be issued unless the property has passed a reinspection within 30 calendar days of the initial inspection. If no chipping, flaking, or peeling paint is identified during the visual review, the lead paint visual inspector or lead paint risk assessor shall: Select dust sample locations which best characterize the potential for lead exposure within a dwelling unit; Collect dust samples from the dwelling unit as follows: From each room in which there is no window, at least one dust sample shall be collected from the floor; From each room in which there is at least one window that is not a lead-free replacement window, at least two dust samples shall be collected, one of which shall be collected from the window well of a window that is not lead-free and one of which shall be from a window sill or the floor; From each room in which all windows are lead-free replacement windows, there shall be at least one dust sample collected from either a window sill or the floor. The lead paint inspection contractor shall issue a certificate, either passing or failing, for every inspection performed. The lead paint inspection contractor shall submit a copy of the passing certificate, with a report of all inspection results, laboratory analysis, and all supporting documents to the Department and the property owner, within 10 calendar days following receipt of the laboratory analysis of the dust samples. The lead paint inspection contractor shall submit a copy of the failing certificate, with a report of all inspection results, laboratory analysis, and all supporting documents to the Department and the property owner, within 30 calendar days following receipt of the laboratory analysis of the dust samples unless the property or unit has passed a reinspection within 30 calendar days of the initial inspection. If the property owner has elected to meet the risk reduction standard by passing the test for lead-contaminated dust, the Department may inspect the property for chipping, flaking, or peeling paint and collect, in the performance of a spot check or other investigation authorized by Environment Article, §6-851 or 6-852, Annotated Code of Maryland, dust samples for laboratory analysis to confirm that the risk reduction standard has been satisfied. If the property fails to meet the risk reduction standard for the dust test upon an inspection or re-inspection, the property owner may perform the HEPA vacuum and detergent wash required by COMAR 26.16.01.11 in the room from which the failed dust sample was collected and retest that room in accordance with §B(5) of this regulation. The lead paint inspection contractor shall provide 24-hour advance notice to the Department that a dust test will be performed. The property owner shall obtain, record, and maintain the following information regarding any contractors, supervisors, or workers that performed or supervised a lead hazard reduction treatment on the property owner's property: Names and accreditation numbers for all contractors and supervisors; and Names of all workers. Upon request by the Department, a property owner shall provide the Department with copies of the records required in §B(12) of this regulation. Visual Inspection. An accredited lead paint visual inspector or lead paint risk assessor may conduct a visual inspection to certify compliance with the risk reduction standard of Environment Article, §6-819, Annotated Code of Maryland. An accredited lead paint inspection contractor shall issue a certificate of compliance with the risk reduction standard based on: A visual inspection of all interior and exterior surfaces of the dwelling unit that establishes performance of all applicable lead hazard reduction treatments required by Environment Article, §6-819, Annotated Code of Maryland; and Receipt of a statement with original signature, signed by the accredited supervisor overseeing performance of the lead hazard reduction treatments, that all lead hazard reduction treatments were conducted in accordance with the requirements of Environment Article, §6-819, as applicable, and COMAR 26.16.01.11. The visual inspector or lead paint risk assessor shall follow all procedures specified in COMAR 26.16.05. The lead paint inspection contractor shall attach to the certificate of compliance: A report of all observations regarding the maintenance and cleaning status of the unit recorded during the inspection; and The statement required in §C(2)(b) of this regulation, signed by the responsible supervisor. The property owner shall obtain, record, and maintain the following information regarding any contractors, supervisors, or workers that performed or supervised any lead hazard reduction treatment: Names and accreditation numbers of all contractors and supervisors; Names of all other workers. Upon request by the Department, a property owner shall provide the Department with copies of the records required in §C(5) of this regulation. The lead paint inspection contractor shall submit a copy of the certificate of compliance, with a completed copy of the inspection report, to the Department within 10 calendar days following receipt of the laboratory analysis of the dust samples. Lead Certificate Inventory Sheet. All lead paint inspection contractors shall maintain a list of all certificates they have received from the Department, on a form prescribed by the Department. Upon request by the Department, an inspector shall provide the Department with a copy of the completed lead certificate inventory sheet required by §D(1) of this regulation. An accredited lead paint inspection contractor may issue a certificate of lead-safe housing following an inspection that: Establishes compliance with the risk reduction standard as specified in Environment Article, §6-815, Annotated Code of Maryland; Incorporates the lead dust sample location methods set forth in §B(3) of this regulation; and Verifies that all windows are either lead-free or have been treated so that all friction surfaces are lead-free. Inspection for Lead-Contaminated Dust for Certification of Lead-Safe Housing. The dust samples for an inspection of lead-contaminated dust for certification of lead-safe housing shall be collected during an inspection by an accredited lead paint visual inspector or accredited lead paint risk assessor. The accredited lead paint visual inspector or risk assessor shall follow the lead dust sample collection techniques set forth in COMAR 26.16.05.09. Selection of Surfaces for Dust Samples. The lead paint visual inspector or risk assessor shall: Select dust sample locations which best characterize the potential for lead exposure within a dwelling unit, to include activity areas for children; Collect at least one dust sample from each room in a dwelling unit as follows: From each room in which there is no window, at least one sample shall be collected from the floor; From each room in which there is at least one window, at least three samples shall be taken, including one each from a window well, a window sill, and the floor. Within 10 calendar days following receipt of all required laboratory analyses for dust samples collected during an inspection, the inspection contractor shall submit a copy of the certificate, with a report of all inspection results, to the Department. An accredited lead paint inspection contractor may issue a certificate of lead-free housing after an inspection that verifies that all painted interior and exterior surfaces of an affected property meet Regulation .02B(7) of this chapter. An accredited lead paint inspection contractor may issue a certificate of limited lead-free housing after an inspection that verifies that all painted interior and exterior surfaces of an affected property meet the provisions of Regulation .02B(10) of this chapter. Term Defined. In §D of this regulation, “common area” means stairways, hallways, entrance areas, recreation areas, laundry areas, and garages or other similar areas within a multifamily rental dwelling that are common to individual dwelling units and are accessible to tenants. An affected property that is a multiunit building or multibuilding complex having ten or more dwelling units may be certified to be lead-free based on testing of less than all dwelling units, common areas, and exterior surfaces if: The building or complex is demonstrated to be of uniform construction or painting history; Selection of dwelling units, common areas, and exterior surfaces to be tested is based on an accepted technique for generating and assigning random numbers to produce an unbiased sample; The determination of the minimum number of dwelling units, common areas, and exterior surfaces to be tested is in accordance with Table 7.3: Number of Units to be Tested in Multi-family Building or Developments, found in the U.S. Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (Second Edition, July, 2012), Chapter 7: Lead-Based Paint Inspection; The following procedures are performed for the selected dwelling units, common areas, and exterior surfaces in the building or complex: Identify all testing combinations in each room equivalent; Obtain at least one XRF reading or paint sample analysis for each testing combination in each room equivalent; Obtain at least one XRF reading or paint sample analysis for each wall in each room equivalent; Record each XRF reading or paint sample analysis for each testing combination in a format approved by the Department; Classify each testing combination as positive or negative for the presence of lead-based paint; Aggregate data according to component type in a format approved by the Department; and Do one of the following: Test at least 40 testing combinations of a given component type; For multiunit buildings or multibuilding complexes with less than 40 components of a given component type, test all of that component type; or Treat a component type as positive for the presence of lead based paint in the entire multiunit building or multibuilding complex; The following conditions are met for each component type: If 5 percent or greater of a component type test positive for lead-based paint: Remove lead-based paint from all components of that component type; or Test all of that component type and remove lead-based paint from each component that tests positive for lead-based paint; and If less than 5 percent of a component type test positive for lead-based paint: Remove lead-based paint from all components of that component type; or Conduct a second random sample of that component type in previously untested dwelling units, common areas, or exterior surfaces, and if less than 2.5 percent of the combined test results are negative for lead-based paint, remove lead-based paint from every component type that tests positive for lead-based paint. A property owner may confirm any positive XRF reading by laboratory analysis of a paint sample, reporting the result in milligrams per square centimeter. An affected property that is a multiunit building or multibuilding complex having ten or more dwelling units may be certified to be limited lead-free based on testing of less than all dwelling units if the: Interior surfaces comply with §D of this regulation; and Exterior surfaces comply with Regulation .02B(10)(b)—(d) of this chapter. Factory-Applied Coatings. An affected property in which lead-based paint is detected only in factory-applied coatings of metal components may be certified to be lead-free. The inspector technician or risk assessor shall indicate the presence of factory-applied lead-based paint on metal components in the inspection report. An accredited lead paint inspector technician or an accredited lead paint risk assessor shall conduct the inspection for lead content in paint. Determination of lead content in paint for each tested interior and exterior surface of an affected property shall be based on either laboratory analysis of paint for lead or analysis by a portable XRF in accordance with COMAR 26.16.01.02B(7). The conduct of the inspection for lead content in paint shall follow procedures included in the lead paint inspection contractor's approved protocol, as required by COMAR 26.16.01.09. Surfaces of an affected property are lead-free when: Each painted surface is determined to be lead-free based upon either laboratory analysis or XRF analysis of paint for lead; or Lead paint has been fully removed and lead paint removal is verified by a visual inspection by an accredited inspector or risk assessor before the surface is repainted or covered, and applicable requirements of COMAR 26.02.07 are met. Within 10 days of issuing a certificate, the inspection contractor shall submit to the Department a copy of the certificate with a summary report of inspection results to include: The number of XRF testing locations recorded, and a summary of XRF testing results; The number of paint samples submitted for laboratory analysis and a summary of laboratory results, including confirmation of inconclusive XRF results; A list of exterior components from which paint has been removed under §K of this regulation; For a multiunit building or complex in which the units were randomly sampled under this regulation, the following information in a format approved by the Department: A list of all tested dwelling units and other interior surfaces; and An itemized list of all rental dwelling units that are subject to either the lead-free or limited lead-free certificate; and A statement that reads “This certification of housing as lead-free is based on testing for lead paint to satisfy the requirements of Environment Article, §6-804, Annotated Code of Maryland. This is not a warranty that the building is free of lead hazards.” The inspection contractor shall maintain a full report recording all inspection results for an affected property certified to be lead-free under this regulation for a period of 5 years following issuance of the certificate, and shall provide a copy of this report to the Department upon request by the Department. If an inspection demonstrates that a unit has not been brought into compliance with the applicable standards under Environment Article, §6-804, 6-815, or 6-819, Annotated Code of Maryland, the unit is considered to have failed the inspection and a failing certificate shall be issued. If a unit fails inspection, the lead paint inspection contractor shall submit a copy of the failing certificate to the Department within 30 calendar days following the inspection or receipt of the laboratory analysis of dust samples. Application of an encapsulant coating used to meet risk reduction standards under Environment Article, §6-819(a)(2), Annotated Code of Maryland, shall conform to the standards of this regulation. An encapsulant coating using fiberglass mats shall: Fully cover the surface which contains lead-based paint; and Be secured at all edges. The use of encapsulant coating with any product which does not include a fiberglass mat may be approved by the Department on a case-by-case basis. Continued Inspection and Maintenance Requirements. The owner shall conduct and document a visual inspection of each encapsulant coated surface within 1 year following the issuance of the certificate, and annually after that, to determine the presence of any defect in the encapsulant coating materials. The owner shall promptly repair any defect in the encapsulant coating materials which is reported to the owner or which is observed during the owner's inspection. A certificate is invalid if the inspector or risk assessor is not accredited at the time it is issued. A certificate issued by an accredited inspector or risk assessor following procedures set forth in the lead paint inspection contractor's approved protocols, as required by COMAR 26.16.01.09, may be invalidated by the Department if: The accreditation of the lead paint inspection contractor had expired before the issuance of the certificate; and Application for renewal was not submitted to the Department in a timely manner. Environment Article, §§1-404, 6-801—6-852, and 6-1001—6-1005, Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective February 24, 1996 (22:24 Md. R. 1884) Regulations .01—.07 adopted effective August 12, 1996 (23:16 Md. R. 1177) Regulation .02B amended effective February 22, 1999 (26:4 Md. R. 274); February 17, 2003 (30:3 Md. R. 182); September 29, 2003 (30:19 Md. R. 1335); July 1, 2020 (476:13 Md. R. 643) Regulation .02-1 adopted effective February 17, 2003 (30:3 Md. R. 182) Regulation .02-1 amended effective July 1, 2020 (476:13 Md. R. 643) Regulation .03 amended effective May 19, 2008 (35:10 Md. R. 974) Regulation .03 amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536) Regulation .03A amended effective February 17, 2003 (30:3 Md. R. 182) Regulation .03B, C amended effective December 20, 2004 (31:25 Md. R. 1792) Regulation .04 amended effective February 23, 2009 (36:4 Md. R. 356) Regulation .04B amended effective December 20, 2004 (31:25 Md. R. 1792); May 19, 2008 (35:10 Md. R. 974) Regulation .05 amended effective September 29, 2003 (30:19 Md. R. 1335) Regulation .05D amended effective July 1, 2020 (476:13 Md. R. 643) Regulation .05F amended effective February 22, 1999 (26:4 Md. R. 274) Regulation .05L adopted effective May 19, 2008 (35:10 Md. R. 974) Regulation .06 adopted effective May 19, 2008 (35:10 Md. R. 974) Regulation .07A amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536) Regulation .08 adopted effective December 20, 2004 (31:25 Md. R. 1792) Effective date: Regulations .01—.09 adopted as an emergency provision effective February 24, 1996 (22:24 Md. R. 1887); adopted permanently effective August 12, 1996 (23:16 Md. R. 1178) Regulation .04 amended effective February 23, 2009 (36:4 Md. R. 356) Regulation .05B amended effective February 23, 2009 (36:4 Md. R. 356) Regulation .05C adopted effective February 23, 2009 (36:4 Md. R. 356) Regulations .01—.09 repealed effective June 18, 2018 (45:12 Md. R. 620) This chapter sets forth verifiable methods for sending notice when notice is required under Environment Article, 6-801—6-852, Annotated Code of Maryland. In any instance when notice is permitted by a verifiable method under Environment Article, §§6-817, 6-819, 6-820, and 6-823, Annotated Code of Maryland, notice shall be sent by any method in which written receipt may be acknowledged by the intended recipient, agent, or representative. Environment Article, §§1-404 and 6-801—6-852, Annotated Code of Maryland Effective date: Regulations .01 and .02 adopted as an emergency provision effective February 24, 1996 (22:24 Md. R. 1887); adopted permanently effective August 12, 1996 (23:16 Md. R. 1178) Regulation .01 amended effective June 18, 2018 (45:12 Md. R. 620) Regulation .02 amended effective June 18, 2018 (45:12 Md. R. 620) This chapter governs the performance of lead paint abatement services in Maryland. A person performing a lead inspection, lead risk assessment, or clearance inspection shall: Be accredited by the Department; and Comply with the applicable procedures in this chapter. A lead paint risk assessor shall perform an inspection for a poisoned-child investigation in accordance with the environmental investigation protocols specified in COMAR 26.16.08. In this chapter, the following terms have the meanings indicated. Terms Defined. “Lead-based paint inspection” means a surface-by-surface evaluation of painted surfaces to determine if the concentration of lead exceeds State standards. “Quantitation limit” has the meaning stated in COMAR 26.02.07.02B. “Risk assessment” means an inspection to determine the presence of lead hazards. In this chapter, the following documents are incorporated by reference: 40 CFR §745.227, as amended; Standard Practice for Collection of Settled Dust Samples Using Wipe Sampling Methods for Subsequent Lead Determination (ASTM Standard E1728/E1728M-20, 2020 Edition); and Standard Specification for Wipe Sampling Materials for Lead in Surface Dust (ASTM Standard E1792-03, Reapproved 2016). A person shall provide the Department advance notice before performing an inspection under this chapter. Notice shall be in writing and shall be provided by hand delivery, facsimile, or mail and shall be received by the Department at least 24 hours before the commencement of the inspection. Inspections performed under this chapter to satisfy the Maryland Reduction of Lead Risk in Housing Act requirements shall be documented on MDE 330 certificates and supporting forms according to procedures established by the Department. MDE 330 forms may not be used for any other purpose. All results of passing inspections shall be submitted to the Department within 10 days of performing a visual inspection, or within 10 days of obtaining laboratory analysis of dust samples. All results of failing inspections shall be submitted to the Department within 30 days of performing a visual inspection, or within 30 days of obtaining laboratory analysis of dust samples. Lead-based paint inspections for single-family housing or multiple-unit housing shall be performed in accordance with COMAR 26.16.02.05. XRF Sampling. XRF calibration checks shall be performed in accordance with the manufacturer's specifications and most recent performance characteristics sheet (PCS). XRF analyzers shall be checked according to the manufacturer's specifications. Calibration check readings shall be: Recorded on the calibration check test results form prescribed by the Department; or Stored in the instrument's memory and printed out or transferred to a computer. The MDE 330 Form E shall be used to record a summary of the inspection. Paint Chip Sampling. Paint chip sampling for the purpose of issuing a lead-free inspection certificate may not be performed in occupied units except when verifying XRF inconclusive samples according to the PCS. Paint chip samples collected in occupied units to verify XRF inconclusive samples shall be collected from the location the XRF reading was obtained. Areas where paint chip samples were collected shall be repainted with nonlead-based paint or the equivalent. The inspection company shall notify the property owner and tenants of units where lead-free paint chip sampling is performed of the results not later than 10 days following the results being received by the inspection company. Paint chip sampling shall be performed using the following tools: Sharp stainless steel paint scraper or equivalent; A wipe which is a disposable towelette moistened with a wetting agent that meets specifications of the American Society for Testing Materials International (ASTM) Specification E 1792, for cleaning paint scraper or equivalent; Nonsterilized polyethylene centrifuge tube or other sealable rigid container; Nonsterilized nonpowdered latex or similar gloves; and Field sampling and laboratory submittal forms. Paint chip samples shall be collected in accordance with the following requirements: The paint chip sample area shall be in accordance with the (ASTM) standard E 1792; Persons collecting paint chip samples shall wear new disposable gloves for each sample; The surface directly below the area to be sampled shall be covered with 4-millimeter-thick plastic sheeting or equivalent to ensure that any paint dust or debris generated during the sample collection is collected for disposal; Paint chip sampling shall be performed by moving the paint scraper over a painted surface using enough pressure to remove all paint layers down to the substrate; The paint chip sample material shall be collected in a screw top centrifuge tube or other sealable rigid container; The 4-millimeter-thick plastic sheeting shall be removed from below the sample area; Following the collection of the sample, the sample location and surface directly below the sample location shall be cleaned using wet wipes, or equivalent; The sample location and number shall be recorded on the sample collection container and field sampling paperwork; Chain of custody form shall be completed and provided to the courier; All paint chip samples shall be analyzed by a laboratory approved by the National Lead Laboratory Accreditation Program (NLLAP); and Lead-based paint inspection results shall be reported on forms prescribed by the Department. Lead-free paint inspection for multi-unit buildings may be certified lead-free by XRF or paint chip sampling performed in accordance with COMAR 26.16.02.05D. A lead-safe housing inspection shall be performed in accordance with COMAR 26.16.02.04. A visual inspection performed under COMAR 26.16.02.03 shall be conducted by a State-accredited visual inspector or risk assessor. Modified risk reduction certificates of compliance issued under Environment Article, §6-819, Annotated Code of Maryland, the MDE 330 form, based on a visual inspection performed under this regulation shall be accompanied by a supervisor's statement of work, signed by the accredited supervisor responsible for the lead abatement work and a report prepared by an accredited inspector as required in COMAR 26.16.02. Modified risk reduction inspections based on a visual inspection shall verify the following: Interior and exterior painted surfaces are free of chipping, peeling, or flaking paint; The dwelling unit is free of structural defects that could cause the paint to chip, peel, or flake; All interior windowsills where lead based paint or untested paint exists have been repainted, replaced or encapsulated with vinyl, metal, or other material, in a manner and under conditions approved by the Department; All window wells where lead based paint or untested paint exists are smooth and cleanable and have been capped with vinyl, aluminum, or other materials in a manner and under conditions approved by the Department; Subject to federal, State or local fire code standards, all nonreplacement and untreated windows have the top sash fixed to eliminate the friction caused by movement of the top sash; All doors have been rehung as necessary to prevent friction of lead painted surfaces; All kitchen and bathroom floors are overlaid with a smooth, water-resistant covering; and The unit is free of all visible dust, debris, or residue. Notification of the Department. Within 2 business days following completion of lead hazard reduction treatments in a rental unit, the visual inspector or risk assessor shall notify the Department by telephone or facsimile that the work has been completed. The visual inspector or lead paint risk assessor may send a copy of the report of a visual inspection specified in COMAR 26.16.02.03C, with a postmark or other evidence of transmittal dated not more than 2 working days following the inspection, to the Department instead of notification by telephone or facsimile. Upon notification of completed work, the Department or the Department's designee may: Conduct an audit, under provisions of Environment Article, §§6-851 and 6-852, Annotated Code of Maryland, of the completed work; Record observations and collect dust samples for laboratory analysis to evaluate the effectiveness of the risk reduction treatments in accordance with Environment Article, §6-810, Annotated Code of Maryland, and to determine if lead dust levels present a threat of acute danger to public health or to the environment. An inspection for lead-contaminated dust shall be conducted in accordance with COMAR 26.16.02.03 by a State-accredited visual inspector or risk assessor. Risk reduction certificates based on dust sampling shall include a visual review of all interior and exterior painted surfaces of the rental dwelling unit to verify there is no chipping, peeling, or flaking paint. Lead dust samples shall be collected using the following tools: A template or method of marking a measured area on floors, window sills, and window wells; Wipes meeting the requirements of Regulation .06C(5)(b) of this chapter; Nonsterilized nonpowdered latex or similar disposable gloves; Nonsterilized 50 milliliter polyethylene centrifuge tubes with caps; Dust sample collection forms; Masking tape; and Trash bags. All lead dust wipe inspections shall include field blank samples collected in accordance with ASTM Standard E1728 at a minimum frequency of: 5 percent per day or one blank sample for every 20 samples collected; and In no case fewer than one blank sample for each day of inspections. Dust wipe samples shall be collected in accordance with ASTM Standard E 1728 or equivalent. If using a pre-measured template, thoroughly clean the template with a wipe as specified in Regulation .06C(5)(b) of this chapter between each use. Laboratory Analytical Procedure. Samples shall be submitted to an NLLAP approved laboratory for analysis. The field sample number shall be entered on the field sampling form, laboratory submittal form, and the container. The name of the laboratory, date the samples were sent to the laboratory, and names of all personnel handling the sample from the time of collection to the time of arrival at the laboratory shall be recorded on a chain of custody form. Following a lead abatement project, performed in accordance with COMAR 26.02.07, a lead paint visual inspector, inspector technician, or risk assessor accredited by the Department shall perform a clearance inspection for lead-contaminated dust to determine if the lead content in dust is less than the levels stated in COMAR 26.16.02.02B. A Department-accredited lead paint visual inspector, inspector technician, or risk assessor shall collect dust samples from each interior room where lead abatement was performed, using all of the dust sample collection procedures specified in Regulation .09 of this chapter. Samples shall be taken from the following: At least one sample from the floor; At least one sample from a window sill; and At least one sample from a window well. Rooms containing no window in the abatement area require the collection of only one floor sample. Lead risk assessments shall be performed in accordance with 40 CFR §745.227. Lead risk assessments under this chapter may not be conducted to issue a certificate to satisfy the Maryland Reduction of Lead Risk in Housing Act. Determination of lead content in paint shall be in accordance with COMAR 26.16.01.03B. A person that collects a paint chip, dust, or soil sample in accordance with the procedures contained in this chapter shall be accredited by the Department as a lead paint inspector technician, visual inspector, or risk assessor and employed by a Department-accredited contractor. A lead paint inspector technician, visual inspector, or risk assessor shall submit a collected sample for analysis to a laboratory: Recognized by the U.S. Environmental Protection Agency under 15 U.S.C. §2685(b) as accredited under the National Lead Laboratory Accreditation Program; and That demonstrates it can achieve a quantitation limit equal to or less than: 20 percent of the lowest level of lead content in paint that constitutes a lead-containing substance, as stated in COMAR 26.16.01.02B; 20 percent of the lowest action level or regulatory limit for lead content in soil established under 40 CFR §745.65(c) or a more stringent standard published by the Department; or 50 percent of the lowest level of lead content in dust that constitutes lead-contaminated dust, as stated in COMAR 26.16.02.02B. A person who performs lead inspection services shall maintain all reports, plans, and forms required under this chapter for at least 5 years. The Department reserves the right to conduct oversight inspections of all lead inspections performed under this chapter. Environment Article, §§1-404, 6-801—6-852, 6-1001—6-1005, and 7-206—7-208, Annotated Code of Maryland Effective date: May 19, 2008 (35:10 Md. R. 974) Regulation .01 amended effective July 1, 2020 (476:13 Md. R. 643) Regulation .02B amended effective July 1, 2020 (476:13 Md. R. 643) Regulation .03 amended effective June 18, 2018 (45:12 Md. R. 620); July 1, 2020 (476:13 Md. R. 643) Regulation .07 amended effective February 23, 2009 (36:4 Md. R. 356) Regulation .08 amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762); amended permanently effective April 30, 2012 (39:8 Md. R. 536) Regulation .09D amended effective June 18, 2018 (45:12 Md. R. 620) Regulation .10A, B amended effective July 1, 2020 (476:13 Md. R. 643) Regulation .12B, C amended effective July 1, 2020 (476:13 Md. R. 643) This chapter establishes requirements and standards for the testing and certification of children's products. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Distribute” means to place children's products into the Maryland stream of commerce to be sold or offered for sale in Maryland. “Distributor” means a person who places children's products into the Maryland stream of commerce to be sold or offered for sale in Maryland. “Import” means to bring children's products from a foreign or external source into the Maryland stream of commerce to be sold or offered for sale in Maryland. A United States manufacturer, or if the manufacturer is not a United States manufacturer, the importer of record, of a children's product, for which a children's product certification is required under federal law, shall issue a written certificate that certifies that the children's product is not a lead-containing product. Before issuing a certificate, a United States manufacturer, or if the manufacturer is not a United States manufacturer, the importer of record, shall verify that the children's product was tested, as required by Regulation .04 of this chapter. The certificate shall be on a form created by the Department or a document that includes the following information: A statement that the children's product is not a lead-containing product; The name of the manufacturer; and The date and place of manufacture. A certificate issued in accordance with Regulation .03 of this chapter shall be based on: A test of each children's product; or A testing program recognized by federal law. Testing shall be conducted on parts, components, and coatings of a children's product that are accessible to a child through normal and reasonably foreseeable use and abuse of the product. A person shall maintain a copy of all documents required to be maintained by Environment Article, §6-1304(c) and (d), Annotated Code of Maryland, for at least 3 years after the person is last in possession of the children's product. A person shall provide to the Department or any person a copy of all documents required to be provided by Environment Article, §6-1304(c) and (d), Annotated Code of Maryland, within 30 days of a written request. If a person determines that a person has manufactured, sold, offered for sale, imported, or distributed a children's product in violation of Environment Article, §6-1303, Annotated Code of Maryland, the person shall report the violation to the Department. Within 24 hours of determining the violation has occurred, the person shall submit a report to the Department on a form created by the Department or that includes the following information: The identity of the children's product found to be a lead-containing product; The identity of all the components found to be part of the lead-containing product; All the lead levels in violation of Environment Article, §6-1303, Annotated Code of Maryland, found in the components of the children's product; and All lead testing results for the children's product found to be in violation. Within 15 days after discovering a lead-containing product in violation of Environment Article, Title 6, Subtitle 13, Annotated Code of Maryland, the person shall submit a report to the Department, including all the information set forth in Environment Article, §6-1305(b), Annotated Code of Maryland. A children's product placed into the Maryland stream of commerce before the effective date of this chapter is not subject to this chapter's requirements if it is in compliance with the Federal Hazardous Substances Act and federal law and is sold to a consumer within 90 days after the effective date of this chapter. Environment Article, §§1-404 and 6-1301—6-1311, Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective August 21, 2009 (36:19 Md. R. 1433); adopted permanently effective October 19, 2009 (36:21 Md. R. 1594) This chapter requires public and nonpublic schools to test their drinking water outlets for lead contamination and establishes an ongoing program to minimize the risk of exposure to lead in the school’s drinking water and establishes an action level of 20 parts per billion (ppb) for lead in drinking water in school buildings. This chapter establishes requirements and standards for lead monitoring in occupied public and nonpublic school buildings serving prekindergarten through grade 12 students where drinking water to the building is provided by a public water system. This chapter does not apply to a public or nonpublic school that is regulated as a public water system in accordance with the requirements of COMAR 26.04.01. In this chapter, the following terms have the meanings indicated. Terms Defined. “Action level” means the level of lead which, if exceeded, requires the school to complete steps including remedial action, notification, and follow-up sampling. “Bottled water” means water that is intended for human consumption and that is sealed in bottles or other containers and meets the National Primary Drinking Water regulations for all regulated contaminants. “Certified laboratory” means a laboratory certified by the Maryland Department of the Environment to analyze drinking water samples for lead. “Department” means the Maryland Department of the Environment. “Designated responsible person” means an individual identified by the school to serve as the point of contact for implementation of and compliance with this regulation, including documentation, proper sampling and follow up, and timely reporting. Drinking Water Outlet. “Drinking water outlet” means a potable water fixture that is used for drinking or food preparation. “Drinking water outlet” includes: A drinking fountain, including both bubbler and water cooler styles; An ice-making machine; A hot drink machine; A kitchen sink; A classroom combination sink with drinking fountain; A sink in a home economics classroom; A teachers’ lounge sink; A nurse’s office sink; A sink in a special education classroom; and Any other sink known to be used for human consumption. “Drinking water outlet” does not include an outlet clearly signed as not a drinking water outlet. “Elevated level of lead” means a lead concentration in drinking water that exceeds the concentration of 20 ppb in a 250 milliliter (mL) first-draw, as recommended by the EPA in technical guidance documents for schools, including “3Ts for Reducing Lead in Drinking Water in Schools”. “First-draw sample” means a 250 mL sample of tap water that has been standing in plumbing 8 to 18 hours and is collected without flushing the tap. “Flushed sample” means a 250 mL sample of tap water that has been drawn from an outlet immediately after the outlet has been run for at least 30 seconds. “Lead-free” means plumbing that meets the definition of “lead-free” as defined by Business Occupations and Provisions Article, §§12-101, 12-605.1, and 12-605.2, Annotated Code of Maryland. “MSDE” means the Maryland State Department of Education. “Nonpublic school” means an elementary or secondary school, other than a public school, offering education for prekindergarten through grade 12 wherein any child may legally fulfill compulsory school attendance requirements. “Public school” means a school, including a charter school, that is maintained at public expense for the education of the children of a community or district and constitutes a part of a system of free public education for prekindergarten through grade 12. Public Water System. “Public water system” means a water supply system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or regularly serves at least 25 individuals, as defined in COMAR 26.04.01. “Public water system” includes water supply sources such as ground water wells, springs, rivers, reservoirs, or lakes. “Sampling bottle” means a precleaned, high-density polyethylene, wide-mouth, single use 250 mL labeled bottle. “School” means an individual school or a school system. School Building. “School building” means any structure, facility, addition, or wing of a school that may be occupied by children or students prekindergarten through grade 12. “School building” does not include a building used solely for administrative purposes. “School day” means any day on which school is in session. “Technical guidance” means the most recent technical guidance documents issued by EPA for reducing lead in drinking water in schools, such as the “3Ts for Reducing Lead in Drinking Water in Schools” (2006) and any subsequent technical guidance documents issued by EPA for reducing lead in drinking water in schools. This chapter applies to the testing of drinking water from drinking water outlets in occupied public or nonpublic school buildings, except as noted in §B of this regulation. This chapter does not apply to a public or nonpublic school if the school’s water system is classified as a public water system and is already subject to testing for lead under COMAR 26.04.01.06-2. Each school shall establish that it: Has a school-specific plan for testing prior to each sampling event; Has a plan for remedial action if an elevated level of lead is detected; Has identified a designated responsible person who will ensure that this regulation is followed; and Maintains records of sample dates and times, sample types, sample locations, types of outlets sampled, results of testing, waivers granted, and all actions taken. The Department and MSDE employees may enter school buildings upon reasonable notice. The Department, in consultation with MSDE, may grant a waiver from the testing required under this regulation if a school submits a written request for a waiver, using a form generated by the Department, along with the required documentation that: The following two conditions have been met: All drinking water outlets in the school building were tested, no more than 5 years before the effective date of this regulation, for the presence of lead in a manner that complies with this chapter, including analysis by a certified laboratory; and All test results are at a level of 5 ppb or lower in all drinking water outlet samples; The following two conditions have been met: Students in the building do not have access to water from any drinking water outlet; and Bottled water is the only source of water for drinking water and food preparation in the school building; or A school demonstrates that the school building meets the following: The service line and all plumbing connecting the school to the water main are lead-free; All interior plumbing in the school building is lead-free; and Certification of lead-free status shall be documented on a form developed by the Department. Schools are subject to all requirements of this regulation until they receive written approval from the Department granting the waiver. Substantive plumbing upgrades or renovations to the school, or changes in the corrosivity of the public water supplied to the school may invalidate a waiver. The school shall notify the Department within 30 days if it no longer meets the conditions of the waiver or if the conditions in §C of this regulation are met. If a school notifies the Department that it no longer meets the conditions of the waiver, it is then subject to all requirements of this regulation. The school may reapply in the future if it satisfies §A of this regulation. All public and nonpublic schools that are not classified as a public water system and have not been granted a waiver shall conduct initial testing for the presence of lead in every drinking water outlet located in an occupied public or nonpublic school building. Bathroom and classroom sinks not clearly signed as not a drinking water outlet are subject to testing under this section. Testing shall be prioritized as follows: Drinking water outlets in school buildings constructed before 1988 and school buildings serving students in prekindergarten through grade 5 shall initially be tested before July 1, 2018. Drinking water outlets in school buildings constructed in 1988 or later and serving students in grade 6 through grade 8 not already subject to testing under this chapter shall initially be tested before July 1, 2019. Drinking water outlets in school buildings constructed in 1988 or later and serving students in grade 9 through grade 12 not already subject to testing under this chapter shall initially be tested before July 1, 2020. In cases where there is overlap between or among these student age specifications testing shall be conducted by the earlier specified deadline. The Department, in consultation with MSDE, may grant a deferral of initial testing from the requirements of §§A—C of this regulation, if either of the following situations apply: A deferral, not to exceed 3 years past the date stipulated in this regulation, may be granted if: The school submits a written request for a deferral on a form generated by the Department; The request documents that all drinking water outlets in the school building have been tested for the presence of lead in a manner that complies with this chapter; and The request documents that analysis by a certified laboratory confirming the most recent test results indicate that elevated levels of lead were not found in water samples from any drinking water outlet; or A deferral, not to exceed 12 months past the date stipulated in this regulation, may be granted if: The school submits a written request for a deferral on a form generated by the Department; The request documents that the school has a plan in place for testing all drinking water outlets; and The plan details actionable steps to be taken if an elevated level of lead in a drinking water outlet in the school building is found. Testing shall be conducted during the regular school year and while school is in session. All drinking water outlets must be sampled within the same school calendar year. In school buildings put into service after the effective date of this regulation, initial first-draw samples shall be performed within 1 year of the date of occupancy. Testing shall be performed during the regular school year and while school is in session. Schools shall conduct lead monitoring on every drinking water outlet at a frequency of every 3 years unless the school has been granted a waiver by the Department. Schools shall conduct lead monitoring within 1 year following substantive plumbing upgrades or renovations. Schools shall collect samples in accordance with the following procedures: Collect 250 mL first-draw samples in prelabeled sampling bottles. Collect samples from the cold water tap. If the outlet has an aerator, leave the aerator in place during sampling. If the outlet has a filter, sample without the filter. Determine if one chiller serves more than one fountain; if it does, collect first-draw samples from each fountain. Follow all laboratory or Department instructions for collecting, handling, and submitting water samples. Samples must be acidified within 14 days of collection unless sample bottles are pre-acidified by the laboratory. Schools shall ensure that samples have appropriate water age in the following ways: Collect samples of water that have been sitting in pipes for at least 8 hours but not more than 18 hours. Samples may be collected from outlets in which the water exceeds the 18 hour stagnation period if these outlets are used infrequently, and this stagnation period represents normal use patterns. Schools shall ensure that samples are analyzed: By a laboratory certified by the Department for lead analysis; Within 6 months of preservation; and In accordance with EPA method 200.8, EPA method 200.9, or current method approved in 40 CFR §141.23 or COMAR 26.04.01.01-1. Schools shall complete the following records for each sample collected: Record the type of sample; The building address; The location within the building; The specific tap tested; The date and time the water was last used; The date and time the sample was collected; The name and contact information of the sample collector for each sample collected, as indicated in guidance developed by the Department; and The completed chain of custody form. After being notified by the laboratory of an elevated level of lead in a drinking water outlet, schools shall: Within 24 hours, prevent all physical access to water from the drinking water outlet until the problem is mitigated; Within 5 school days, collect a flushed sample from each outlet for which the first-draw sample result exceeded 20 ppb of lead; Have the flush sample analyzed by a certified laboratory; and Continuously maintain an adequate supply of drinking water to school occupants that meets the current Safe Drinking Water Act standards. The school shall provide a notice of all lead sample results with an elevated level of lead to: The parent or legal guardian of each student attending the school within 10 school days of the school’s receipt of the laboratory report; and Teachers and other employees within 10 school days of the school’s receipt of the laboratory report. Notice shall be posted on the school website within 30 school days of the school’s receipt of the laboratory results. The notices shall include: The results of the lead testing and the locations of corresponding sample sites; A summary of federal and State drinking water standards relative to lead; An explanation of the health effects of lead; The sources of human exposure to lead, including drinking water; School contact information; Immediate actions taken and next steps; and The steps consumers can take to reduce exposure to lead in drinking water. If elevated levels of lead are found in any drinking water outlet, the school shall determine and document a remedial plan of action to permanently reduce the lead level or replace the outlet, plumbing, or service line contributing to the elevated level of lead. The school shall provide its remedial plan of action to the Department and MSDE within 30 school days of receiving laboratory results of first-draw testing indicating elevated levels of lead in drinking water outlets. The school shall include one or more of the following actions in its remedial plan of action: Permanently close access to the outlet or remove the outlet; Install and maintain a point of use filter at the outlet; Repair, reconfigure, or replace the outlet, plumbing, or service line contributing to the elevated level of lead; Install and maintain automatic flushing of outlets after testing confirms that the lead level in the outlet after flushing is not elevated. The automatic flushing outlets shall be installed in: Kitchen sinks; Teachers’ lounge sinks; Home economics classroom sinks; Nurse’s office sinks; Other sinks in the building; and Other outlets as approved by the Department; Provide bottled water; Check grounding wires and, if existing wires are grounded to water pipes, find an alternative grounding system; and Reconfigure plumbing to bypass sources of lead contamination. The school may resume service at a location where an elevated level of lead was found only after: Remedial action has been taken; Follow-up first-draw lead sampling has been conducted; and The outlet no longer has an elevated level of lead. The school shall report remedial measures taken to the Department and MSDE no later than 30 school days after implementation and include all actions taken and the associated dates. The school shall post on the school’s website remedial measures taken no later than 30 school days after implementation and include all actions taken and the associated dates. The dates and results of all follow-up lead sampling shall be reported to the Department and MSDE within 10 school days of receipt of results from the laboratory. Every sample result of lead shall be reported to the Department, MSDE, and the appropriate local health department within 30 days after the samples were analyzed with the following information: The date and time the water was last used in the school building; The date and time of sample collection; and The specific tap tested; The sample collector name and contact information; and The school building address. The school shall certify to the Department and MSDE and the appropriate local health department no later than 30 days after the end of the school calendar year in which the samples were collected or 30 days after the samples were analyzed, on a form generated by the Department, that all drinking water outlets in the school building were tested in accordance with this regulation, and provide the following information: The total number of samples collected; The dates the samples were collected; and The number of samples with elevated levels of lead. Remedial actions taken with the corresponding dates shall be reported in accordance with this chapter. Within 30 days of any notification as required in this chapter, the school shall certify to the Department and MSDE, using a form provided by the Department, that the notification has been completed. The Department and MSDE shall jointly report to the Governor and Maryland General Assembly on or before December 1, 2018, and on or before December 1 each year thereafter: The name and address of each school that has tested its drinking water for lead during the reporting period; The name and address of each school found to have elevated levels of lead in its drinking water; The type of outlet from which a drinking water sample with an elevated level of lead was collected and its location in the building; and The use of each water outlet with an elevated level of lead and the levels detected. Each school shall maintain the following records for a minimum of 10 years and make them available if requested by the Department or MSDE: Sampling plan that includes the location and types of all drinking water outlets; Names and responsibilities of all individuals and/or laboratories involved in sampling and testing; Records related to sampling and testing, including date, type of sample, and results; Immediate actions taken, by whom, and dates; Remedial action plan and documented actions; Records related to lead-free plumbing; Records related to bottled water; and Waiver requests, supporting documentation, and the Department’s decision regarding the waiver. Environment Article, §§6-1501—6-1502, Annotated Code of Maryland Effective date: April 9, 2018 (45:7 Md. R. 347) The purpose of this chapter is to establish the: Procedures and technical standards for conducting an environmental investigation; and Job performance standards for a Department-accredited lead paint risk assessor conducting an environmental investigation. This chapter applies to an environmental investigation performed pursuant to Environment Article, §6-305, Annotated Code of Maryland. This chapter does not apply to the performance of a lead paint abatement service other than an environmental investigation required under Environment Article, §6-305, Annotated Code of Maryland. In this chapter, the following terms have the meanings as indicated. Terms Defined. “Accredited” has the meaning stated in COMAR 26.16.02.02B. “Affected property” has the meaning stated in Environment Article, §6-801(b), Annotated Code of Maryland. “ASTM" means the American Society for Testing and Materials. “Blood lead level (BLL)” means a measurement of the amount of lead in blood, usually measured in micrograms per deciliter. “Caregiver” means a parent, a guardian, or another person that is legally responsible for the wellbeing of a pregnant woman younger than 18 years old or a child. “Child” means an individual younger than 6 years old. “Child care center” has the meaning stated in COMAR 13A.16.01.02B. “Defect” means the presence of: Chipping, peeling, or flaking paint on an interior or exterior surface of an affected property; or A structural defect causing chipping, peeling, or flaking paint in an affected property. “Deteriorated paint” means chipping, peeling, or flaking paint on: A painted interior or exterior surface of a property; or Any other accessible painted surface. “Drip line” means the area of land directly beneath the edge of a roof. “Elevated blood lead (EBL)” has the meaning stated in Environment Article, §6-801(f), Annotated Code of Maryland. Environmental Investigation. “Environmental investigation” means an investigation performed by a Department-accredited lead paint risk assessor to identify one or more lead hazards for a child or pregnant woman diagnosed with EBL. “Environmental investigation” includes the: Administration of an environmental questionnaire, a visual inspection, and the collection of environmental samples during an on-site assessment of a property; Analysis of the results from an on-site assessment and environmental sampling; and Performance of case management by the Department or a local health department pursuant to Environment Article, §6-304, Annotated Code of Maryland. “Environmental questionnaire” means a questionnaire administered by a Department-accredited lead paint risk assessor during an environmental investigation to identify one or more lead exposure risk factors that may have contributed to a child’s or pregnant woman’s EBL. “Environmental sampling” means the collection and analysis of paint chip, dust, or soil samples, or samples from other media as appropriate, to identify the presence of a lead hazard, performed in accordance with the applicable sampling requirements and technical standards described under Regulations .06 and .07 of this chapter. Friction Surface. “Friction surface” means an interior or exterior surface subject to abrasion or friction. “Friction surface” may include, but is not limited to, a window sash, a stair tread, or another surface subject to abrasion or friction. “HUD Guidelines” means the U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Second Edition, July, 2012. Impact Surface. “Impact surface” means an interior or exterior surface subject to damage by repeated impact or contact. “Impact surface” may include, but is not limited to, a door frame, a surface that makes contact with a knob or handle, or another surface subject to damage by repeated impact or contact. “International Organization for Standardization/International Electrotechnical Commission (ISO/IEC)” means a technical standard governed by both the ISO and IEC. Lead Hazard. “Lead hazard” means a source of lead on an accessible surface or media in which exposure of a child or pregnant woman to the source would result in adverse human health effects. “Lead hazard” includes, but is not limited to: Lead-based paint as defined under COMAR 26.16.02.02B, if the lead-based paint is present on, or within a layer of, a surface with deteriorated paint or a defect, an impact or friction surface, or a chewable surface with evidence of teeth marks; A lead-containing substance as defined under COMAR 26.16.01.02B, if the lead-containing substance is present on an impact or friction surface, or chewable surface with evidence of teeth marks; Lead-contaminated dust as defined under COMAR 26.16.02.02B; or Other sources of lead as identified in the HUD Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels, or by the Department. “Notice of Defect” means a written notice provided by a tenant, or another source, to the owner of an affected property notifying the owner of a defect in the affected property, as authorized under Environment Article, §6-819, Annotated Code of Maryland. “Primary residence” means a residential property where a child or pregnant woman with EBL resides. “Quantitation limit” has the meaning stated in COMAR 26.02.07.02B. “Reference level” means: 5 micrograms per deciliter; or Beginning 1 year after the date that the Centers for Disease Control and Prevention revises the blood lead reference level until 1 year after a subsequent revision, the revised blood lead reference level as determined by the Centers for Disease Control and Prevention. Secondary Property. “Secondary property” means a property, other than a child’s or pregnant woman’s primary residence, where the child or pregnant woman with EBL spends at least 24 hours per week. “Secondary property” includes a child care center or a family member’s residence. “Secondary source” means a lead exposure risk that is not derived from a painted surface or structural component of a property, including, but not limited to: Tap water; A toy, jewelry, or ceramic foodware; An imported cosmetic, such as, but not limited to, a product identified in Table 16.4 of the HUD Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels; A traditional medicine or remedy; or A food item. “XRF” has the meaning stated in COMAR 26.16.01.02B. In this chapter, the following documents are incorporated by reference: General requirements for the competence of testing and calibration laboratories (ISO/IEC 17025:2017(E)); The U.S. Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (Second Edition, July, 2012), Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels; Standard Practice for Collection of Settled Dust Samples Using Wipe Sampling Methods for Subsequent Lead Determination (ASTM Standard E1728/E1728M-20, 2020 Edition); Standard Practice for Field Collection of Dried Paint Samples for Subsequent Lead Determination (ASTM E1729-16, 2016 Edition); and Standard Practice for Field Collection of Soil Samples for Subsequent Lead Determination (ASTM E1727-16, 2016 Edition). The document incorporated by reference in §A(2) of this regulation will be referred to in this chapter as HUD Guidelines, Chapter 16. Pursuant to Environment Article, §6-304, Annotated Code of Maryland, after the receipt by the Department of a blood lead level test result that diagnoses a child or pregnant woman with EBL, the Department or local health department shall: Not more than 10 business days after the receipt of the blood lead level test result, provide notification of the EBL level to: The caregiver of the child or the pregnant woman; and If the child or pregnant woman resides at a property not owned by the caregiver or pregnant woman, the owner of the property where the child or pregnant woman resides; and Except as otherwise provided in §D of this regulation, contact the caregiver or pregnant woman to schedule the on-site assessment portion of the environmental investigation. The Department or local health department representative: Shall schedule an on-site assessment for the primary residence of the child or pregnant woman diagnosed with EBL in accordance with the procedures under §C of this regulation; and May, if determined necessary by the Department or the local health department representative while conducting the environmental investigation, schedule an on-site assessment for a secondary property through coordination with the caregiver or pregnant woman. Procedures for Scheduling an On-Site Assessment. The on-site assessment of a primary residence may be scheduled by the Department or local health department representative in coordination with a local health department representative’s home visit. The Department or local health department representative shall make at least two attempts to contact the caregiver or pregnant woman by telephone to schedule an on-site assessment. If the Department or local health department representative is unable to establish contact with the caregiver or pregnant woman in accordance with §C(2) of this regulation, the Department or local health department representative shall mail a letter through first-class mail to the caregiver or pregnant woman. The Department or local health department representative shall include, at a minimum, all of the following information in the letter required under §C(3) of this regulation: The Department’s or local health department representative’s intention to schedule an on-site assessment of the primary residence of the child or pregnant woman with EBL; Notice that the letter constitutes the final attempt by the Department or local health department representative to schedule the on-site assessment of the primary residence; The latest calendar date that the caregiver or pregnant woman may contact the Department or local health department representative to schedule an on-site assessment of the primary residence; Notice that failure to contact the Department or local health department representative to schedule an on-site assessment of the primary residence may result in the child’s or pregnant woman’s case being closed by the Department or local health department without an environmental investigation; and If the child or pregnant woman is known or believed by the Department or local health department to reside at an affected property, information regarding the tenant’s rights under Environment Article, §§ 6-815 and 6-819, Annotated Code of Maryland. Failure to Schedule an On-Site Assessment. If the caregiver or pregnant woman does not respond to the attempts to schedule the on-site assessment of a primary residence made in accordance with §C of this regulation, the Department or local health department may: Attempt to make contact with the caregiver or pregnant woman by coordinating with the medical provider or through other means; or At its discretion, close the case without conducting an environmental investigation. If a case is closed by the Department or local health department under §D(1) of this regulation, the Department or local health department: Shall, if the primary residence is not owned by the caregiver or pregnant woman, mail a letter through first-class mail to the property owner advising that the: Department or local health department representative was unable to contact the caregiver or pregnant woman to schedule an on-site assessment of the property; and Case has been closed by the Department or local health department without conducting an environmental investigation; and May reopen the case and conduct an environmental investigation upon request of the caregiver or pregnant woman. If the Department or local health department representative, in accordance with §B(2) of this regulation, is unable to schedule an on-site assessment for a secondary property, the Department or the local health department representative shall: Complete the environmental investigation including only the primary residence; and Note in the environmental investigation report that the secondary property was not assessed. Except as otherwise provided in Regulation .05D of this chapter, a lead paint risk assessor shall perform an environmental investigation in response to a child’s or pregnant woman’s diagnosis of EBL, as required under Environment Article, §6-305, Annotated Code of Maryland. The lead paint risk assessor shall determine the year of construction for the property being investigated, which may be accomplished by viewing the property tax records available through the State Department of Assessment and Taxation. Environmental Questionnaire. The lead paint risk assessor shall complete an environmental questionnaire with the caregiver or pregnant woman during an on-site assessment of a primary residence. The lead paint risk assessor shall complete the environmental questionnaire on a form provided by the Department that is consistent with or more detailed than Form 16.1 of the HUD Guidelines, Chapter 16. The lead paint risk assessor shall use the environmental questionnaire to: Identify a potential lead hazard for a child or pregnant woman, including: Behavioral, cultural, hobby, housing, or occupational lead exposure risk factors; and Less common sources of lead exposure as identified in Table 16.4 of the HUD Guidelines, Chapter 16; Determine the type of environmental sampling to be conducted during the on-site assessment; and Identify whether there is a secondary property that requires an on-site assessment. A lead paint risk assessor shall perform a visual inspection to identify the potential presence of a lead hazard. Paint Survey Analysis. A lead paint risk assessor shall perform a paint survey analysis to determine if the lead content on a painted surface meets the definition of lead-based paint under COMAR 26.16.02.02B through paint chip or XRF sampling in accordance with the requirements under Regulation .07D or E of this chapter. A lead paint risk assessor shall perform a paint survey analysis: On a painted chewable surface or suspected lead-containing substance with evidence of teeth marks; At a property constructed before 1978 if an interior or exterior painted surface has: A defect or deteriorated paint; Intact paint and the surface is subject to friction or impact; or Been disturbed during a recent renovation or in preparation to be repainted; or At a property constructed after 1977 on an interior or exterior painted surface that has: Deteriorated paint; Intact paint and the surface is subject to friction or impact; or Been identified as a potential lead hazard through the environmental questionnaire, painting history of the property, or by the lead paint risk assessor. A lead paint risk assessor shall perform dust wipe sampling: To determine if the lead content in dust on a floor, window sill, or window well meets the definition of lead-contaminated dust in COMAR 26.16.02.02B; Pursuant to the protocol in the HUD Guidelines, Chapter 16; Based on information obtained by the lead paint risk assessor while conducting the environmental questionnaire and visual inspection; and In accordance with the requirements under Regulation .07C of this chapter. A lead paint risk assessor shall perform composite soil sampling: On an area of bare soil at a primary residence or secondary property where a child or pregnant woman frequents, including a drip line, a play area, or another area at a property; To identify if the bare soil present at a primary residence or secondary property meets the definition of a soil-lead hazard, as defined under 40 CFR §745.65(c) or a more stringent standard published by the Department; and In accordance with the requirements under Regulation .07F of this chapter. Tap Water Sampling. Tap water sampling may be performed: By a lead paint risk assessor collecting a tap water sample or through coordination with a local health department; If tap water is identified as being commonly used as drinking water or in the preparation of infant formula or food; and To determine if the lead content in tap water exceeds the action level described on page 16-14 in the HUD Guidelines, Chapter 16. If a tap water sample is collected by a lead paint risk assessor pursuant to §H(1) of this regulation, the lead paint risk assessor shall perform the tap water sampling in accordance with the requirements under Regulation .07G of this chapter. A lead paint risk assessor may perform additional environmental sampling of a secondary source: With the permission of the caregiver or pregnant woman; If identified as a potential source of lead exposure by the lead paint risk assessor; To determine if the lead content in the secondary source meets the definition of a lead hazard under Regulation .02B of this chapter; and In accordance with the requirements under Regulation .07H of this chapter. A lead paint risk assessor shall interpret the results of environmental sampling performed during an environmental investigation. A lead paint risk assessor shall perform environmental sampling in accordance with the technical standards and environmental sampling requirements set forth in this regulation. A lead paint risk assessor shall submit a paint chip, soil, or dust wipe sample for analysis to a laboratory: Recognized by the U.S. Environmental Protection Agency under 15 U.S.C. §2685(b) as accredited under the National Lead Laboratory Accreditation Program; and That demonstrates it can achieve a quantitation limit equal to or less than: 20 percent of the lowest level of lead content in paint that constitutes a lead-containing substance, as stated in COMAR 26.16.01.02B; 20 percent of the lowest action level or regulatory limit for lead content in soil established under 40 CFR §745.65(c) or a more stringent standard published by the Department; or 50 percent of the lowest level of lead content in dust that constitutes lead-contaminated dust, as stated in COMAR 26.16.02.02B. A lead paint risk assessor shall perform dust wipe sampling in accordance with the ASTM E1728/E1728M-20 standard. A lead paint risk assessor shall perform XRF sampling on a painted surface using a calibrated instrument in accordance with COMAR 26.16.05.06B and the ISO/IEC 17025:2017(E) standard. A lead paint risk assessor shall perform paint chip sampling: Only on a surface with deteriorated paint or a defect, or other painted surface as determined necessary by the lead paint risk assessor; After a dust wipe sample is collected to prevent cross-contamination of dust present on a surface near the area where the paint chip was sampled; and In accordance with the ASTM E1729-16 standard and COMAR 26.16.05.06C. A lead paint risk assessor shall perform composite soil sampling in accordance with the ASTM E1727-16 standard. If a tap water sample is collected by a lead paint risk assessor, the lead paint risk assessor shall submit the tap water sample to a laboratory certified by the Department to analyze drinking water samples for lead. A lead paint risk assessor shall perform the sampling of a secondary source using: An environmental sampling method appropriate to detect lead content in the secondary source; or XRF sampling, using a calibrated instrument in accordance with COMAR 26.16.05.06B and the ISO/IEC 17025:2017(E) standard. Pursuant to the provisions of Environment Article, §6-819, Annotated Code of Maryland, if the property being investigated is an affected property with a defect observed during an on-site assessment: The lead paint risk assessor shall issue a Notice of Defect to the owner of the affected property; and The property owner shall satisfy the modified risk reduction standard within 30 days of receiving the Notice of Defect from the lead paint risk assessor. A lead paint risk assessor shall prepare an environmental investigation report that includes the following information: Identification of lead hazards in the property subject to the environmental investigation; Recommendations of immediate actions the caregiver, pregnant woman, or property owner can take to reduce the child’s or pregnant woman’s further exposure to lead; and Recommendations designed to eliminate a child’s or pregnant woman’s exposure to lead through: One or more lead hazard reduction treatments or an abatement performed by a lead paint abatement services provider accredited by the Department under COMAR 26.16.01, and in accordance with the abatement of lead-containing substances protocols under COMAR 26.02.07; or Discontinued use of a secondary source that poses a lead hazard to the child or pregnant woman. The lead paint risk assessor shall provide a copy of the environmental investigation report to: The caregiver or pregnant woman; If different than the caregiver or pregnant woman, the owner of the property subject to the environmental investigation; and At the discretion of the Department or local health department, the health officer in the county where the environmental investigation was performed. Environment Article, §§ 6-304, 6-305, 6-801, 6-819, 6-846, and 6-1001— 6-1005, Annotated Code of Maryland Effective date: July 1, 2020 (47:13 Md. R. 643) Regulation .05 amended effective May 25, 2026 (53:10 Md. R. 458)