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<regulation prefix="Regulation" num=".08" citation="COMAR 26.16.05.08" title_num="26" subtitle_num="16" chapter_num="05" heading="Visual Inspections Performed to Verify Compliance with Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland.">
  <paragraph num="A.">
    <text>A visual inspection performed under COMAR 26.16.02.03 shall be conducted by a State-accredited visual inspector or risk assessor.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Modified risk reduction inspections based on a visual inspection shall verify the following:</text>
    <paragraph num="(1)">
      <text>Interior and exterior painted surfaces are free of chipping, peeling, or flaking paint;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The dwelling unit is free of structural defects that could cause the paint to chip, peel, or flake;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>All doors have been rehung as necessary to prevent friction of lead painted surfaces;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>All kitchen and bathroom floors are overlaid with a smooth, water-resistant covering; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The unit is free of all visible dust, debris, or residue.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Notification of the Department.</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Upon notification of completed work, the Department or the Department's designee may:</text>
        <paragraph num="(i)">
          <text>Conduct an audit, under provisions of Environment Article, §§6-851 and 6-852, Annotated Code of Maryland, of the completed work;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>