Md. Code Regs. 26.16.01.11

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

Section 26.16.01.11 - Contractor/Supervisor Performance Standards for Residential Buildings and Child Care Centers

A. Except for performance of lead hazard reduction treatments, persons performing lead paint abatement services shall ensure that the provision of lead paint abatement services involving residential buildings and child care centers conforms to COMAR 26.02.07.

A-1. At least 24 hours but not more than 10 days before beginning lead paint abatement projects for residential buildings, the contractor or supervisor shall notify the Department of the location and anticipated start and completion dates for the projects.

B. On-Site Inspections.

(1) The accredited supervisor providing oversight for lead paint abatement services shall, at a minimum, conduct an on-site review at the following times:

(a) At the beginning of a project to ensure that required containment measures are in place; and

(b) During final cleanup of a project to ensure that all work has been satisfactorily completed and that cleanup is conducted in compliance with COMAR 26.02.07.08 a or §C of this regulation, as applicable.

(2) The accredited supervisor shall be:

(a) On-site at all times; or

(b) Available by telephone, pager, or answering service and able to be present at the work site in less than 2 hours.

C. Risk Reduction Work Practices.

(1) Notwithstanding the provisions of COMAR 26.02.07, lead hazard reduction treatments shall be performed in conformance with this section.

(2) A person conducting lead hazard reduction treatments may not use methods that are prohibited under COMAR 26.02.07.03 a.

(3) A person conducting lead hazard reduction treatments may use any of the following methods:

(a) Those methods authorized in COMAR 26.02.07.03 a and 26.16.02.07 a; or

(b) Scraping of loose, chipping, or peeling paint to prepare a surface for repainting or encapsulation, if the person:

(i) Uses adequate water to prevent airborne dust and to ensure that dust and debris remain damp until the surface and work area can be cleaned and the debris placed in plastic bags for disposal, and

(ii) Contains any dust and debris as required in §C(6) and (7), of this regulation, as applicable.

(4) Except for window removal or replacement, disturbance of a lead-containing substance involving 3 square feet or less of surface area in a room during the performance of lead hazard reduction treatments is exempt from §C(2), (3), (6), (7), and (12) of this regulation.

(5) Whenever repairs or maintenance work will disturb the paint on interior surfaces of an affected property, the owner and supervisor shall make reasonable efforts to ensure that individuals not performing work are not present in the work area and that persons at risk are removed from the affected property when the work is performed.

(6) If lead hazard reduction treatments involve the disturbance of paint on more than 3 square feet of surface area within a room, or involve window removal or replacement, the supervisor shall ensure that:

(a) All movable objects are moved:

(i) Outside of the room which contains a work area, or

(ii) To a distance of at least 3 feet from the surface on which the work is to be performed, and covered with plastic sheeting at least 4 mils thick;

(b) Caution signs, with the words, "Caution, Lead Hazard, Keep Out" in bold lettering at least 2 inches high, are posted in a clearly visible location at each entrance to the work area;

(c) Dust and debris generated during the performance of a lead hazard reduction treatment in an interior work area are contained within the work area;

(d) Containment of dust and debris generated during performance of a lead hazard reduction treatment in an exterior work area conforms to COMAR 26.02.07.07 a B(2);

(e) A person not subject to 29 CFR § 1926.62 with Maryland amendments to it under COMAR 09.12.31 shall wear, when present in the work area, a half-mask air purifying respirator equipped with HEPA filters when a heat gun or sander is in use;

(f) In an occupied dwelling unit, the work area shall be sealed from all other portions of the unit;

(g) In an occupied dwelling unit, if the work area includes the kitchen, storage areas for food, dishes, and utensils shall be protected so that dust does not reach the interior;

(h) In an unoccupied dwelling unit, the interior of storage areas for food, dishes, and utensils shall be washed and vacuumed as provided in §C(8) of this regulation;

(i) Nonmovable objects, such as radiators, refrigerators, stoves, and bookcases, shall be covered with plastic sheeting at least 4 mils thick secured in place;

(j) Floors in the work area shall be covered with plastic sheeting at least 4 mils thick secured in place; and

(k) All forced air ventilation in the work area shall be shut down and exhaust and intake points in the work area shall be sealed.

(7) Wall-to-Wall Carpeting.

(a) During the conduct of work specified in §C(6) of this regulation, wall-to-wall carpeting which remains in a room shall be protected from lead contamination by at least one layer of plastic sheeting, at least 4 mils thick, secured in place.

(b) If, during the performance of the lead hazard reduction treatments, the plastic sheeting is torn or punctured, the plastic sheeting shall be immediately repaired or replaced.

(c) Dust and debris generated during the performance of lead hazard reduction treatments may be wrapped in the plastic sheeting and prepared for disposal, as required under §C(9) of this regulation.

(d) The plastic sheeting shall be carefully rolled to contain all dust and debris.

(e) Following the removal of all plastic sheeting, the carpeting shall be thoroughly cleaned with an HEPA vacuum cleaner.

(8) Cleanup of Work Area. After completion of lead hazard reduction treatments and other activities that may disturb lead paint in a work area, but before applying paint or other surface coatings, the contractor or supervisor shall:

(a) Deposit all waste from painted surfaces in plastic bags, at least 4 mils thick, and seal the bags;

(b) Vacuum dust from all surfaces in the work area, except ceilings, with a HEPA vacuum;

(c) After HEPA vacuum cleaning, as required in §C(8)(b) of this regulation, wash all surfaces, except the ceiling, walls, and carpeted surfaces, with a detergent, changing the wash water at frequent enough intervals to assure adequate cleaning; and

(d) After washing as required in §C(8)(c) of this regulation, and all surfaces have dried, repaint, as needed, to provide smooth, intact, cleanable surfaces.

(9) Waste Disposal.

(a) Waste from painted surfaces shall be removed before a vacant dwelling unit is reoccupied, or not later than 72 hours after the cleanup has been completed in an occupied dwelling unit.

(b) Transport and disposal of waste from painted surfaces shall be conducted in such a manner as to prevent any of the waste from painted surfaces from becoming air-borne.

(10) Alternative Procedures.

(a) The Department may, on a case-by-case basis, allow an alternative procedure for the performance of lead hazard reduction treatments or modified lead hazard reduction treatments, if the contractor or supervisor submits a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedures provide equivalent protection of human health and the environment.

(b) In all cases in which the Department allows the use of an alternative procedure under §C(11)(a) of this regulation, the Department shall have access to the work area for a 1-year period following completion of the work to determine the continued effectiveness of the alternative procedure.

(11) Cleanup after Disturbance of a Lead-Containing Substance. A person performing maintenance, repair, or renovation work in a residential building constructed before 1950, that results in a disturbance of a lead-containing substance that involves 3 square feet or less of surface area in a room, shall remove all visible debris created as a result of that work before the person leaves the affected property.

Md. Code Regs. 26.16.01.11

Regulations .11 adopted as an emergency provision effective November 24, 1995, except Regulations .03, .11, .12, and .13C effective February 24, 1996 (22:24 Md. R. 1874)
Regulations .11 adopted effective August 12, 1996 (23:16 Md. R. 1176)
Regulation .11A-1 adopted effective May 19, 2008 (35:10 Md. R. 974)
Regulation .11A, C 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 .11B, C amended effective November 22, 2004 (31:23 Md. R. 1655)
Regulation .11C amended effective February 17, 2003 (30:3 Md. R. 182)
Regulation .11D amended effective May 19, 2008 (35:10 Md. R. 974)