Md. Code Regs. 26.16.01.12

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

Section 26.16.01.12 - Contractor/Supervisor Performance Standards for Commercial and Public Buildings

A. Except for performance of lead paint abatement services in residential buildings and child care centers, persons accredited under this chapter shall ensure that lead paint abatement services involving commercial and public buildings conform to this regulation.

B. For the purposes of this regulation:

(1) "Commercial building" means offices, stores, shops, or other retail space and any building accessible to the public; and

(2) "Public building" means any government building accessible to the public.

C. Access to Work Area.

(1) Entry into the work area is limited to:

(a) Workers and other persons who have met the training or accreditation requirements of this chapter;

(b) The building owner or the owner's designee;

(c) A State, county, or local enforcement official or the official's designee; or

(d) A person approved by the Department to engage in research on lead in buildings.

(2) In addition to other required signage, the project contractor or supervisor shall post, in a conspicuous location at each entrance into the work area, a sign which includes the phrase "Caution-Lead Hazard, Keep Out" in bold lettering at least 2 inches high.

D. The following activities are prohibited:

(1) Use of an open flame torch to remove a lead-containing substance;

(2) Dry sanding or scraping, except with a HEPA filtration system;

(3) Abrasive blasting, except with a recovery and filtration system approved by the Department;

(4) Uncontained hydroblasting; and

(5) Heat gun operating at or above 1,100°F.

E. Control of Emissions and Dust.

(1) In interior areas, before beginning any activity which may generate lead-containing dust or debris, the supervisor shall remove or cover all furnishings in the work area, and shall securely cover floors and nonmovable objects with plastic sheeting at least 4 mils thick.

(2) In exterior areas, before beginning any activity which may generate lead-containing dust or debris, the supervisor shall use plastic sheeting and, as necessary, vertical shrouds to contain all visible debris within the work area.

F. Cleanup.

(1) Cleaning procedures in interior areas shall employ the use of a vacuum cleaner with an HEPA filtration system and wet cleaning with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water.

(2) Dry sweeping and other methods which generate substantial levels of airborne dust may not be used for cleaning.

(3) At the completion of work each day, the work area shall be cleaned of accumulations of dust and debris.

(4) At the end of the project, the work area shall be cleaned of all visible dust and debris.

G. Disposal.

(1) The contractor or supervisor shall ensure compliance with applicable hazardous waste regulations under COMAR 26.13.

(2) Solid waste which is not classified as hazardous waste shall be secured at the work site and transported to a permitted lined sanitary landfill within 48 hours of completion of the project.

(3) Liquid waste shall be contained at the work site and managed in accordance with federal, State, and local regulations.

H. Alternative Procedures.

(1) The Department may, on a case-by-case basis, allow an alternative procedure for abatement of a lead paint hazard if the owner, contractor, or supervisor who uses this procedure submits a written description of the alternative procedure to the Department which demonstrates to the satisfaction of the Department that the proposed alternative procedure provides an equivalent or improved abatement result.

(2) In all cases in which the Department allows the use of an alternative procedure under §G(1) of this regulation, the owner shall, for a 2-year period after completion of the lead paint abatement project, permit the Department to enter the area where the abatement occurred in order to determine the continued effectiveness of the allowed alternative procedure.

Md. Code Regs. 26.16.01.12

Regulations .12 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 .12 adopted effective August 12, 1996 (23:16 Md. R. 1176)
Regulation .12D amended effective November 22, 2004 (31:23 Md. R. 1655)