Md. Code Regs. 26.16.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.16.02.02 - Incorporation by Reference

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Accredited" means accredited by the Department of the Environment under provisions of COMAR 26.16.01.

(2) Component.

(a) "Component" means an architectural element of a dwelling unit, common area, or exterior surface, identified by type and location.

(b) "Component" includes, but is not limited to:

(i) A bedroom wall;

(ii) An exterior window sill;

(iii) A baseboard in a living room;

(iv) A kitchen floor;

(v) An interior window sill in a bathroom;

(vi) A porch floor;

(vii) Stair treads in a common stairwell; or

(viii) An exterior wall.

(3) "Component type" means a group of like components that:

(a) Are repeated in more than one room equivalent in a dwelling unit; and

(b) Have a common substrate.

(4) "Encapsulant coating" means coating lead-based paint with a material which is applied as a liquid, which forms a durable, long-lasting coating for lead-based paint, and which is approved for use, on a case-by-case basis, by the Department.

(5) "Lead-based paint" means paint or other surface coating that contains lead in excess of the levels set forth in COMAR 26.16.01.02 a B(7).

(6) "Lead-contaminated dust" means dust with a lead content equal to or greater than:

(a) 10 micrograms per square foot in dust collected from a floor;

(b) 100 micrograms per square foot in dust collected from a window sill; or

(c) 100 micrograms per square foot in dust collected from a window well.

(7) "Lead-free" means, except for factory-applied coatings on metal components, containing no lead-based paint on interior or exterior surfaces.

(8) "Lead-free replacement window" means a window that:

(a) Was installed after 1978; or

(b) Has been determined by an accredited lead paint inspector technician or lead paint risk assessor to contain no lead-based paint.

(9) "Lead-safe" means:

(a) Constructed after 1978;

(b) Certified as lead-safe under Regulation .04 of this chapter; or

(c) Certified as lead-free under Regulation .05 of this chapter.

(10) "Limited lead-free" means, except for factory-applied coatings on metal components, meeting the following conditions:

(a) All interior surfaces of the affected property contain no lead-based paint;

(b) All exterior painted surfaces of the affected property that were chipping, peeling, or flaking, have been restored with non-lead-based paint;

(c) No exterior painted surfaces of the affected property are chipping, peeling, or flaking; and

(d) The owner of an affected property submits to the Department, every 2 years, a certification by an accredited lead paint inspection contractor stating that no exterior painted surface of the affected property is chipping, peeling, or flaking.

(11) "Room" means an enclosed or semi-enclosed living space, including a defined hallway, within a dwelling unit.

(12) Room Equivalent.

(a) "Room equivalent" means an identifiable part of a dwelling unit, common area, or exterior surface.

(b) "Room equivalent" includes, but is not limited to:

(i) A room;

(ii) A foyer;

(iii) A staircase;

(iv) A hallway; or

(v) Exterior sides of a building with the same paint history.

(13) "Substrate" means the material immediately beneath the painted surface.

(14) Testing Combination.

(a) "Testing combination" means a unique combination of room equivalent, component type, and substrate.

(b) "Testing combination" may include a group of components, having the same painting histories, that are structurally related and adjacent to each other.

Md. Code Regs. 26.16.02.02

Regulations .02 adopted as an emergency provision effective February 24, 1996 (22:24 Md. R. 1884)
Regulations .02 adopted effective August 12, 1996 (23:16 Md. R. 1177)
Regulation .02B amended effective February 22, 1999 (26:4 Md. R. 274); February 17, 2003 (30:3 Md. R. 182); September 29, 2003 (30:19 Md. R. 1335); amended effective 47:13 Md. R. 643, eff. 7/1/2020