Md. Code Regs. 26.16.01.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.16.01.03 - Applicability of this Chapter

A. The presence of a lead-containing substance is presumed in any residential building constructed before 1950 unless a person determines that all painted surfaces are lead-free in accordance with §B of this regulation.

B. Determination of lead content in paint shall be based on:

(1) Use of an XRF by an accredited person;

(2) Analysis by a qualified laboratory of paint samples from surfaces to be disturbed during the project;

(3) A specific knowledge of the painting history of the structure; or

(4) Other procedures approved on a case-by-case basis by the Department.

C. Lead paint abatement services shall be performed only by persons trained or accredited under this chapter.

D. Except as provided in §§E and F of this regulation, performance of maintenance, repair, or renovation work involving the disturbance of a lead-containing substance in a residential building constructed before 1950 is subject to Regulation .11C(2) and (3), and (5)-(8) of this chapter.

E. Except for §G of this regulation and Regulation .11C(5) and (12) of this chapter, performance of maintenance, repair, or renovation work that results in disturbances of a lead-containing substance is excluded from the regulations of this chapter as follows:

(1) Disturbance of a lead-containing substance associated with plumbing or electrical work that involves 3 square feet or less of surface area in a room; or

(2) Other disturbances of a lead-containing substance involving 3 square feet or less of surface area in a room, except for window removal or replacement.

F. The following activities are not subject to the regulations of this chapter:

(1) An owner performing lead hazard reduction treatments in the owner-occupied dwelling unit; or

(2) A person performing maintenance, repair, or renovation work in an owner-occupied dwelling unit.

G. The use of open flame burning for the removal of a lead-containing substance is prohibited in residential and public buildings and child care centers.

Md. Code Regs. 26.16.01.03

Regulations .03 adopted as an emergency provision effective November 24, 1995
Regulations .03, adopted effective August 12, 1996 (23:16 Md. R. 1176)
Regulation .03 amended effective June 29, 1998 (25:13 Md. R. 997)
Regulation .03F 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)