<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.16.07.05" title_num="26" subtitle_num="16" chapter_num="07" heading="Waivers.">
  <paragraph num="A.">
    <text>The Department, in consultation with MSDE, may grant a waiver from the testing required under this regulation if a school submits a written request for a waiver, using a form generated by the Department, along with the required documentation that:</text>
    <paragraph num="(1)">
      <text>The following two conditions have been met:</text>
      <paragraph num="(a)">
        <text>All drinking water outlets in the school building were tested, no more than 5 years before the effective date of this regulation, for the presence of lead in a manner that complies with this chapter, including analysis by a certified laboratory; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All test results are at a level of 5 ppb or lower in all drinking water outlet samples;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The following two conditions have been met:</text>
      <paragraph num="(a)">
        <text>Students in the building do not have access to water from any drinking water outlet; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Bottled water is the only source of water for drinking water and food preparation in the school building; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A school demonstrates that the school building meets the following:</text>
      <paragraph num="(a)">
        <text>The service line and all plumbing connecting the school to the water main are lead-free;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All interior plumbing in the school building is lead-free; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Certification of lead-free status shall be documented on a form developed by the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Schools are subject to all requirements of this regulation until they receive written approval from the Department granting the waiver.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Substantive plumbing upgrades or renovations to the school, or changes in the corrosivity of the public water supplied to the school may invalidate a waiver.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The school shall notify the Department within 30 days if it no longer meets the conditions of the waiver or if the conditions in §C of this regulation are met.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If a school notifies the Department that it no longer meets the conditions of the waiver, it is then subject to all requirements of this regulation. The school may reapply in the future if it satisfies §A of this regulation.</text>
  </paragraph>
</regulation>