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)