Md. Code Regs. 26.16.08.03

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

Section 26.16.08.03 - Definitions

A. In this chapter, the following terms have the meanings as indicated

B. Terms Defined

(1) "Accredited" has the meaning stated in COMAR 26.16.02.02B.

(2) "Affected property" has the meaning stated in Environment Article, § 6-801(b), Annotated Code of Maryland.

(3) "ASTM" means the American Society for Testing and Materials.

(4) "Blood lead level (BLL)" means a measurement of the amount of lead in blood, usually measured in micrograms per deciliter

(5) "Caregiver" means a parent, a guardian, or another person that is legally responsible for the wellbeing of a pregnant woman younger than 18 years old or a child

(6) "Child" means an individual younger than 6 years old

(7) "Child care center" has the meaning stated in COMAR 13A.16.01.02B.

(8) "Defect" means the presence of

(a) Chipping, peeling, or flaking paint on an interior or exterior surface of an affected property; or

(b) A structural defect causing chipping, peeling, or flaking paint in an affected property.

(9) "Deteriorated paint" means chipping, peeling, or flaking paint on:

(a) A painted interior or exterior surface of a property; or

(b) Any other accessible painted surface.

(10) "Drip line" means the area of land directly beneath the edge of a roof

(11) "Elevated blood lead (EBL)" has the meaning stated in Environment Article, § 6-801(f), Annotated Code of Maryland

(12) Environmental Investigation.

(a) "Environmental investigation" means an investigation performed by a Department-accredited lead paint risk assessor to identify one or more lead hazards for a child or pregnant woman diagnosed with EBL.

(b) "Environmental investigation" includes the:

(i) Administration of an environmental questionnaire, a visual inspection, and the collection of environmental samples during an on-site assessment of a property;

(ii) Analysis of the results from an on-site assessment and environmental sampling; and

(iii) Performance of case management by the Department or a local health department pursuant to Environment Article, § 6-304, Annotated Code of Maryland

(13) "Environmental questionnaire" means a questionnaire administered by a Department-accredited lead paint risk assessor during an environmental investigation to identify one or more lead exposure risk factors that may have contributed to a child's or pregnant woman's EBL.

(14) "Environmental sampling" means the collection and analysis of paint chip, dust, or soil samples, or samples from other media as appropriate, to identify the presence of a lead hazard, performed in accordance with the applicable sampling requirements and technical standards described under Regulations .06 and .07 of this chapter

(15) Friction Surface.

(a) "Friction surface" means an interior or exterior surface subject to abrasion or friction.

(b) "Friction surface" may include, but is not limited to, a window sash, a stair tread or another surface subject to abrasion or friction.

(16) "HUD Guidelines" means the U.S Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Second Edition, July, 2012.

(17) Impact Surface.

(a) "Impact surface" means an interior or exterior surface subject to damage by repeated impact or contact

(b) "Impact surface" may include, but is not limited to, a door frame, a surface that makes contact with a knob or handle, or another surface subject to damage by repeated impact or contact

(18) "International Organization for Standardization/International Electrotechnical Commission (ISO/IEC)" means a technical standard governed by both the ISO and IEC

(19) Lead Hazard

(a) "Lead hazard" means a source of lead on an accessible surface or media in which exposure of a child or pregnant woman to the source would result in adverse human health effects.

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

(i) Lead-based paint as defined under COMAR 26.16.02.02B, if the lead-based paint is present on, or within a layer of a surface with deteriorated paint or a defect, an impact or friction surface, or a chewable surface with evidence of teeth marks;

(ii) A lead-containing substance as defined under COMAR 26.16.01.02B, if the lead-containing substance is present on an impact or friction surface, or chewable surface with evidence of teeth marks;

(iii) Lead-contaminated dust as defined under COMAR 26.16.02.02B; or

(iv) Other sources of lead as identified in the HUD Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels, or by the Department

(20) "Notice of Defect" means a written notice provided by a tenant, or another source, to the owner of an affected property notifying the owner of a defect in the affected property, as authorized under Environment Article, § 6-819, Annotated Code of Maryland

(21) "Primary residence" means a residential property where a child or pregnant woman with EBL resides.

(22) "Quantitation limit" has the meaning stated in COMAR 26.02.07.0 2B.

(23) "Reference level" means:

(a) 5 micrograms per deciliter; or

(b) Beginning 1 year after the date that the Centers for Disease Control and Prevention revises the blood lead reference level until 1 year after a subsequent revision, the revised blood lead reference level as determined by the Centers for Disease Control and Prevention.

(24) Secondary Property.

(a) "Secondary property" means a property, other than a child's or pregnant woman's primary residence, where the child or pregnant woman with EBL spends at least 24 hours per week

(b) "Secondary property" includes a child care center or a family member's residence.

(25) "Secondary source" means a lead exposure risk that is not derived from a painted surface or structural component of a property, including, but not limited to:

(a) Tap water;

(b) A toy, jewelry, or ceramic foodware;

(c) An imported cosmetic, such as, but not limited to, a product identified in Table 16.4 of the HUD Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels;

(d) A traditional medicine or remedy; or

(e) A food item.

(26) "XRF" has the meaning stated in COMAR 26.16.01.02B.

Md. Code Regs. 26.16.08.03

Regulation .03 adopted effective 47:13 Md. R. 643, eff. 7/1/2020