Md. Code Regs. 31.08.08.02

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

Section 31.08.08.02 - Definitions

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

B. Terms Defined.

(1) Affected Property;

(a) "Affected property" means:

(i) A residential rental property constructed before 1950 that contains not more than one rental dwelling unit;

(ii) A residential rental property that contains not more than one rental dwelling unit for which the owner makes an election under Environment Article, § 6-803(a)(2), Annotated Code of Maryland; or

(iii) An individual rental dwelling unit within a residential rental property constructed before 1950 that contains more than one rental dwelling unit, or a residential rental property that contains more than one rental dwelling unit for which the owner makes an election under Environment Article, § 6-803(a)(2), Annotated Code of Maryland.

(b) "Affected property" does not include property exempted under the Environment Article, § 6-803(b), Annotated Code of Maryland.

(2) "Authorized insurer" means an insurer that:

(a) Holds a certificate of authority in this State;

(b) Issues, or issues for delivery in this State, third-party bodily injury liability insurance under:

(i) Homeowners' coverage,

(ii) Owners', landlords', and tenants' coverage, or

(iii) Other premises liability coverage; and

(c) Is subject to regulation by the Maryland Insurance Administration.

(3) "Claim" means the notice provided to an insured that a person at risk has an elevated blood lead level under Environment Article, § 6-828(b)(1), Annotated Code of Maryland, for the purpose of:

(a) Informing the insured that a person at risk has an elevated blood level; and

(b) Triggering the authorized insurer's duty to respond on behalf of the insured in accordance with Environment Article, Title 6, Subtitle 8, Part V, Annotated Code of Maryland, subject to reasonable notice provisions in a contract or insurance policy.

(4) "Person at risk" means a child younger than 6 years old or a pregnant woman who resides or regularly spends at least 24 hours per week in an affected property.

(5) "Rental dwelling unit" has the meaning stated in Environment Article, § 6-801(t), Annotated Code of Maryland.

Md. Code Regs. 31.08.08.02

Regulations .02 adopted as an emergency provision effective November 30, 1994 (21:26 Md. R. 2181)
Regulations .02 adopted effective March 13, 1995 (22:5 Md. R. 367)