Md. Code Regs. 26.16.05.08

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

Section 26.16.05.08 - Visual Inspections Performed to Verify Compliance with Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland

A. A visual inspection performed under COMAR 26.16.02.03 a shall be conducted by a State-accredited visual inspector or risk assessor.

B. Modified risk reduction certificates of compliance issued under Environment Article, § 6-819, Annotated Code of Maryland, the MDE 330 form, based on a visual inspection performed under this regulation shall be accompanied by a supervisor's statement of work, signed by the accredited supervisor responsible for the lead abatement work and a report prepared by an accredited inspector as required in COMAR 26.16.02.

C. Modified risk reduction inspections based on a visual inspection shall verify the following:

(1) Interior and exterior painted surfaces are free of chipping, peeling, or flaking paint;

(2) The dwelling unit is free of structural defects that could cause the paint to chip, peel, or flake;

(3) All interior windowsills where lead based paint or untested paint exists have been repainted, replaced or encapsulated with vinyl, metal, or other material, in a manner and under conditions approved by the Department;

(4) All window wells where lead based paint or untested paint exists are smooth and cleanable and have been capped with vinyl, aluminum, or other materials in a manner and under conditions approved by the Department;

(5) Subject to federal, State or local fire code standards, all nonreplacement and untreated windows have the top sash fixed to eliminate the friction caused by movement of the top sash;

(6) All doors have been rehung as necessary to prevent friction of lead painted surfaces;

(7) All kitchen and bathroom floors are overlaid with a smooth, water-resistant covering; and

(8) The unit is free of all visible dust, debris, or residue.

(9) Notification of the Department.

(a) Within 2 business days following completion of lead hazard reduction treatments in a rental unit, the visual inspector or risk assessor shall notify the Department by telephone or facsimile that the work has been completed.

(b) The visual inspector or lead paint risk assessor may send a copy of the report of a visual inspection specified in COMAR 26.16.02.03 a C, with a postmark or other evidence of transmittal dated not more than 2 working days following the inspection, to the Department instead of notification by telephone or facsimile.

(c) Upon notification of completed work, the Department or the Department's designee may:

(i) Conduct an audit, under provisions of Environment Article, §§ 6-851 and 6-852, Annotated Code of Maryland, of the completed work;

(ii) Record observations and collect dust samples for laboratory analysis to evaluate the effectiveness of the risk reduction treatments in accordance with Environment Article, § 6-810, Annotated Code of Maryland, and to determine if lead dust levels present a threat of acute danger to public health or to the environment.

Md. Code Regs. 26.16.05.08

Regulation .08 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)