Md. Code Regs. 13A.15.05.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13A.15.05.02 - Lead-Safe Environment

A. A provider may not use paint with lead content on any:

(1) Exterior or interior surface of the home; or

(2) Material or equipment used for child care purposes.

B. If the home is a residential rental property constructed before 1978, which is an affected property as defined in Environment Article, § 6-801(b), Annotated Code of Maryland, the provider shall submit a copy of the current lead risk reduction or lead-free certificate.

C. If the home was constructed before 1978 and not certified lead-free under Environment Article, § 6-804(a)(2)(i), Annotated Code of Maryland, the provider shall:

(1) Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the home that is used for child care;

(2) If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead-dust test:

(a) Conducted by an accredited visual inspector under COMAR 26.16.02.03BB to meet the risk reduction standard, if the home is an affected property; or

(b) Conducted in areas used for child care by an accredited risk assessor under COMAR 26.16.05.11B, if the home is not an affected property; and

(3) If a lead-dust test is required under §C(2) of this regulation, obtain:

(a) A passing score on that test; and

(b) Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.

D. In a home constructed before 1978 that is not certified lead-free under Environment Article, § 6-804(a)(2)(i), Annotated Code of Maryland, when performing a renovation that disturbs the painted surface of an interior or exterior area used for child care, the provider shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.

Md. Code Regs. 13A.15.05.02

Regulation .02 amended effective 47:1 Md. R. 12, eff. 1/13/2020