Md. Code Regs. 26.16.02.03

Current through Register Vol. 51, No. 9, May 3, 2024

Section 26.16.02.03 - Certificate to Verify Satisfaction of the Risk Reduction Standard

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 a 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 a.

(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.

Md. Code Regs. 26.16.02.03

Regulations .03 adopted as an emergency provision effective February 24, 1996 (22:24 Md. R. 1884)
Regulations .03 adopted effective August 12, 1996 (23:16 Md. R. 1177)
Regulation .03 amended effective May 19, 2008 (35:10 Md. R. 974)
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)
Regulation .03A amended effective February 17, 2003 (30:3 Md. R. 182)
Regulation .03B, C amended effective December 20, 2004 (31:25 Md. R. 1792)