<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 26.16.01.03" title_num="26" subtitle_num="16" chapter_num="01" heading="Applicability of this Chapter.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Determination of lead content in paint shall be based on:</text>
    <paragraph num="(1)">
      <text>Use of an XRF by an accredited person;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Analysis by a qualified laboratory of paint samples from surfaces to be disturbed during the project;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A specific knowledge of the painting history of the structure; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Other procedures approved on a case-by-case basis by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Lead paint abatement services shall be performed only by persons trained or accredited under this chapter.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The following activities are not subject to the regulations of this chapter:</text>
    <paragraph num="(1)">
      <text>An owner performing lead hazard reduction treatments in the owner-occupied dwelling unit; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person performing maintenance, repair, or renovation work in an owner-occupied dwelling unit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>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.</text>
  </paragraph>
</regulation>