Chapter 02. Reduction of Lead Risk in Housing
Regulation .01 Scope.LinkCopy Citation
This chapter establishes requirements and standards for the maintenance and inspection of residential rental properties.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following words have the meanings indicated.
B.
Terms Defined.
(1)
“Accredited” means accredited by the Department of the Environment under provisions of COMAR 26.16.01.
(2)
Component.
(a)
“Component” means an architectural element of a dwelling unit, common area, or exterior surface, identified by type and location.
(b)
“Component” includes, but is not limited to:
(i)
A bedroom wall;
(ii)
An exterior window sill;
(iii)
A baseboard in a living room;
(iv)
A kitchen floor;
(v)
An interior window sill in a bathroom;
(vi)
A porch floor;
(vii)
Stair treads in a common stairwell; or
(viii)
An exterior wall.
(3)
“Component type” means a group of like components that:
(a)
Are repeated in more than one room equivalent in a dwelling unit; and
(b)
Have a common substrate.
(4)
“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.
(5)
“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).
(6)
“Lead-contaminated dust” means dust with a lead content equal to or greater than:
(a)
10 micrograms per square foot in dust collected from a floor;
(b)
100 micrograms per square foot in dust collected from a window sill; or
(c)
100 micrograms per square foot in dust collected from a window well.
(7)
“Lead-free” means, except for factory-applied coatings on metal components, containing no lead-based paint on interior or exterior surfaces.
(8)
“Lead-free replacement window” means a window that:
(a)
Was installed after 1978; or
(b)
Has been determined by an accredited lead paint inspector technician or lead paint risk assessor to contain no lead-based paint.
(9)
“Lead-safe” means:
(a)
Constructed after 1978;
(b)
Certified as lead-safe under Regulation .04 of this chapter; or
(c)
Certified as lead-free under Regulation .05 of this chapter.
(10)
“Limited lead-free” means, except for factory-applied coatings on metal components, meeting the following conditions:
(a)
All interior surfaces of the affected property contain no lead-based paint;
(b)
All exterior painted surfaces of the affected property that were chipping, peeling, or flaking, have been restored with non-lead-based paint;
(c)
No exterior painted surfaces of the affected property are chipping, peeling, or flaking; and
(d)
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.
(11)
“Room” means an enclosed or semi-enclosed living space, including a defined hallway, within a dwelling unit.
(12)
Room Equivalent.
(a)
“Room equivalent” means an identifiable part of a dwelling unit, common area, or exterior surface.
(b)
“Room equivalent” includes, but is not limited to:
(i)
A room;
(ii)
A foyer;
(iii)
A staircase;
(iv)
A hallway; or
(v)
Exterior sides of a building with the same paint history.
(13)
“Substrate” means the material immediately beneath the painted surface.
(14)
Testing Combination.
(a)
“Testing combination” means a unique combination of room equivalent, component type, and substrate.
(b)
“Testing combination” may include a group of components, having the same painting histories, that are structurally related and adjacent to each other.
Regulation .02-1 Incorporation by Reference.LinkCopy Citation
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.
Regulation .03 Certificate to Verify Satisfaction of the Risk Reduction Standard.LinkCopy Citation
A.
The owner of a rental property shall:
(1)
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
(2)
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.
B.
Inspection for Lead-Contaminated Dust.
(1)
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.
(2)
The dust samples shall have been collected during an inspection by an accredited lead paint visual inspector or accredited lead paint risk assessor.
(3)
The visual inspector or lead paint risk assessor shall follow procedures as specified in COMAR 26.16.05.
(4)
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.
(5)
If no chipping, flaking, or peeling paint is identified during the visual review, the lead paint visual inspector or lead paint risk assessor shall:
(a)
Select dust sample locations which best characterize the potential for lead exposure within a dwelling unit;
(b)
Collect dust samples from the dwelling unit as follows:
(i)
From each room in which there is no window, at least one dust sample shall be collected from the floor;
(ii)
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;
(iii)
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.
(6)
The lead paint inspection contractor shall issue a certificate, either passing or failing, for every inspection performed.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
The lead paint inspection contractor shall provide 24-hour advance notice to the Department that a dust test will be performed.
(12)
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:
(a)
Names and accreditation numbers for all contractors and supervisors; and
(b)
Names of all workers.
(13)
Upon request by the Department, a property owner shall provide the Department with copies of the records required in §B(12) of this regulation.
C.
Visual Inspection.
(1)
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.
(2)
An accredited lead paint inspection contractor shall issue a certificate of compliance with the risk reduction standard based on:
(a)
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
(b)
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.
(3)
The visual inspector or lead paint risk assessor shall follow all procedures specified in COMAR 26.16.05.
(4)
The lead paint inspection contractor shall attach to the certificate of compliance:
(a)
A report of all observations regarding the maintenance and cleaning status of the unit recorded during the inspection; and
(b)
The statement required in §C(2)(b) of this regulation, signed by the responsible supervisor.
(5)
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:
(a)
Names and accreditation numbers of all contractors and supervisors;
(b)
Names of all other workers.
(6)
Upon request by the Department, a property owner shall provide the Department with copies of the records required in §C(5) of this regulation.
(7)
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.
D.
Lead Certificate Inventory Sheet.
(1)
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.
(2)
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.
Regulation .04 Certification of Lead-Safe Housing.LinkCopy Citation
A.
An accredited lead paint inspection contractor may issue a certificate of lead-safe housing following an inspection that:
(1)
Establishes compliance with the risk reduction standard as specified in Environment Article, §6-815, Annotated Code of Maryland;
(2)
Incorporates the lead dust sample location methods set forth in §B(3) of this regulation; and
(3)
Verifies that all windows are either lead-free or have been treated so that all friction surfaces are lead-free.
B.
Inspection for Lead-Contaminated Dust for Certification of Lead-Safe Housing.
(1)
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.
(2)
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.
(3)
Selection of Surfaces for Dust Samples. The lead paint visual inspector or risk assessor shall:
(a)
Select dust sample locations which best characterize the potential for lead exposure within a dwelling unit, to include activity areas for children;
(b)
Collect at least one dust sample from each room in a dwelling unit as follows:
(i)
From each room in which there is no window, at least one sample shall be collected from the floor;
(ii)
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.
C.
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.
Regulation .05 Certification of Housing as Lead-Free.LinkCopy Citation
A.
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.
B.
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.
C.
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.
D.
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:
(1)
The building or complex is demonstrated to be of uniform construction or painting history;
(2)
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;
(3)
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;
(4)
The following procedures are performed for the selected dwelling units, common areas, and exterior surfaces in the building or complex:
(a)
Identify all testing combinations in each room equivalent;
(b)
Obtain at least one XRF reading or paint sample analysis for each testing combination in each room equivalent;
(c)
Obtain at least one XRF reading or paint sample analysis for each wall in each room equivalent;
(d)
Record each XRF reading or paint sample analysis for each testing combination in a format approved by the Department;
(e)
Classify each testing combination as positive or negative for the presence of lead-based paint;
(f)
Aggregate data according to component type in a format approved by the Department; and
(g)
Do one of the following:
(i)
Test at least 40 testing combinations of a given component type;
(ii)
For multiunit buildings or multibuilding complexes with less than 40 components of a given component type, test all of that component type; or
(iii)
Treat a component type as positive for the presence of lead based paint in the entire multiunit building or multibuilding complex;
(5)
The following conditions are met for each component type:
(a)
If 5 percent or greater of a component type test positive for lead-based paint:
(i)
Remove lead-based paint from all components of that component type; or
(ii)
Test all of that component type and remove lead-based paint from each component that tests positive for lead-based paint; and
(b)
If less than 5 percent of a component type test positive for lead-based paint:
(i)
Remove lead-based paint from all components of that component type; or
(ii)
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.
E.
A property owner may confirm any positive XRF reading by laboratory analysis of a paint sample, reporting the result in milligrams per square centimeter.
F.
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:
(1)
Interior surfaces comply with §D of this regulation; and
(2)
Exterior surfaces comply with Regulation .02B(10)(b)—(d) of this chapter.
G.
Factory-Applied Coatings.
(1)
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.
(2)
The inspector technician or risk assessor shall indicate the presence of factory-applied lead-based paint on metal components in the inspection report.
H.
An accredited lead paint inspector technician or an accredited lead paint risk assessor shall conduct the inspection for lead content in paint.
I.
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).
J.
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.
K.
Surfaces of an affected property are lead-free when:
(1)
Each painted surface is determined to be lead-free based upon either laboratory analysis or XRF analysis of paint for lead; or
(2)
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.
L.
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:
(1)
The number of XRF testing locations recorded, and a summary of XRF testing results;
(2)
The number of paint samples submitted for laboratory analysis and a summary of laboratory results, including confirmation of inconclusive XRF results;
(3)
A list of exterior components from which paint has been removed under §K of this regulation;
(4)
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)
A list of all tested dwelling units and other interior surfaces; and
(b)
An itemized list of all rental dwelling units that are subject to either the lead-free or limited lead-free certificate; and
(5)
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.”
M.
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.
Regulation .06 Issuance of Failing Certificate.LinkCopy Citation
A.
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.
B.
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.
Regulation .07 Encapsulant Coating of Lead-Based Paint.LinkCopy Citation
A.
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.
B.
An encapsulant coating using fiberglass mats shall:
(1)
Fully cover the surface which contains lead-based paint; and
(2)
Be secured at all edges.
C.
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.
D.
Continued Inspection and Maintenance Requirements.
(1)
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.
(2)
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.
Regulation .08 Invalid Certificate.LinkCopy Citation
A.
A certificate is invalid if the inspector or risk assessor is not accredited at the time it is issued.
B.
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:
(1)
The accreditation of the lead paint inspection contractor had expired before the issuance of the certificate; and
(2)
Application for renewal was not submitted to the Department in a timely manner.
Chapter annotations
Authority: Environment Article, §§1-404, 6-801—6-852, and 6-1001—6-1005, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.07 adopted as an emergency provision effective February 24, 1996 (22:24 Md. R. 1884)
History: Regulations .01—.07 adopted effective August 12, 1996 (23:16 Md. R. 1177)
History: 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)
History: Regulation .02-1 adopted effective February 17, 2003 (30:3 Md. R. 182)
History: Regulation .02-1 amended effective July 1, 2020 (476:13 Md. R. 643)
History: Regulation .03 amended effective May 19, 2008 (35:10 Md. R. 974)
History: 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)
History: Regulation .03A amended effective February 17, 2003 (30:3 Md. R. 182)
History: Regulation .03B, C amended effective December 20, 2004 (31:25 Md. R. 1792)
History: Regulation .04 amended effective February 23, 2009 (36:4 Md. R. 356)
History: Regulation .04B amended effective December 20, 2004 (31:25 Md. R. 1792); May 19, 2008 (35:10 Md. R. 974)
History: Regulation .05 amended effective September 29, 2003 (30:19 Md. R. 1335)
History: Regulation .05D amended effective July 1, 2020 (476:13 Md. R. 643)
History: Regulation .05F amended effective February 22, 1999 (26:4 Md. R. 274)
History: Regulation .05L adopted effective May 19, 2008 (35:10 Md. R. 974)
History: Regulation .06 adopted effective May 19, 2008 (35:10 Md. R. 974)
History: 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)
History: Regulation .08 adopted effective December 20, 2004 (31:25 Md. R. 1792)