2011 LEAD PAINT MANUAL
This manual provides an overview of the relevant state and federal laws
pertaining to lead-based paint poisoning. This document also includes
summaries of case law addressing lead poisoning. The Coalition to End
Childhood Lead Poisoning’s Handbook for the Prevention of Childhood
Lead Poisoning in Maryland was the primary resource used to locate all state
and federal laws, and is an excellent resource for further information on lead
poisoning.
MARYLAND LEAD PAINT LAW OVERVIEW
Index of Maryland Laws:
Maryland Reduction of Lead Risk in Housing Law (MD.
CODE ANN., ENVIR. § 6-801 (2011))
Penalties, Administering and Reporting of Lead Poisoning
Tests, and Children with elevated blood lead levels (MD.
CODE ANN., ENVIR. § 6-301 - 304 (2011))
Accreditation of Lead Paint Abatement Services (MD. CODE
ANN., ENVIR. § 6-1001 - 1005 (2011))
Lead-Containing Children’s Products (MD. CODE ANN.,
ENVIR. § 6-1301 - 1311 (2011))
Childhood Lead Screening Program (MD. CODE ANN.,
HEALTH-GEN. § 18-106 (2011))
Code of Maryland Regulations
Accreditation and Training (MD. CODE REGS.
26.16.01 (2011))
Reduction of Lead Risk in Housing (MD. CODE REGS.
26.16.02 (2011)).
Procedures for Making and Implementing a Qualified
Offer (MD. CODE REGS. 26.16.03 (2011))
Verifiable Methods Approved by the Department
(MD. CODE REGS. 26.16.04 (2011))
Rent Escrow Statute (MD. CODE ANN., REAL PROP. § 8-211
(2011))
I. MARYLAND REDUCTION OF LEAD RISK IN HOUSING LAW
(MD. CODE ANN., ENVIR. § 6-801 – 6-852 (2011))
This law requires owners of residential rental properties built before 1950 to satisfy risk
reduction standards. Owners who comply with the law can take advantage of limited
liability protection.
[The following borrows from The Coalition to End Childhood Lead Poisoning’s
Handbook for the Prevention of Childhood Lead Poisoning in Maryland and the
Maryland Department of Environment’s “Standard of Care: What Owners Need to Do to
Comply With Maryland’s Reduction of Lead Risk in Housing Law”].
I. Summary of Maryland’s Reduction of Lead Risk in Housing Law:
-“Person at Risk” defined as a child under the age of six or a pregnant woman who
resides or spends twenty-four hours per week on a regular basis in an affected property.
-Owners of rental properties built before 1950 must comply with this law. Failure to
comply with this law restricts a rental property owner’s access to district court and ability
to benefit from limited liability for lawsuits arising from lead poisoning.
-Owners of rental properties built between 1950 and 1978 may choose to comply with
this law and receive the benefit of limited liability protection.
-Units Exempt from Reduction law:
(1) Rental units built after 1978;
(2) Rental units owned or operated by federal, state, or local government or by a
public, quasi-public, or municipal corporation, provided the property is
subject to standards as strict as the standards under this law;
(3) Rental units certified by a Maryland Department of Environment accredited
inspector to be “lead-free”;
(4) Rental units that are not permanent dwelling units (vacation homes); and
(5) Elderly or disabled housing where children do not reside
A. The law requires owners to do the following:
1) Register all rental units ($15 annual fee per unit) with the Maryland
Department of the Environment.
2) Distribute “Lead Poisoning Prevention Notice of Tenant’s Rights,”
“Protect Your Family From Lead in Your Home,” and a copy of the
current Lead Inspection Certificate to all new tenants, and must
redistribute these materials every two years thereafter.
3) Meet Risk Reduction Standards and Obtain Inspections:
i.
Change in Tenant Occupancy: Must perform Full Risk
Reduction Treatment upon each change in tenant occupancy.
To comply with these standards, the owner can either:
a. Pass a lead dust test that meets the Maryland Lead Dust
Clearance Standard and receive a Lead Inspection
Certificate; OR
b. Complete Full Risk Reduction measures (by certified
contractor) and receipt of an Inspection certificate (by
certified inspector). Measures include (see Environment
Article, Section 6-815):
-Visual inspection of exterior and interior paint
surfaces
-Removal and repainting of chipping, peeling, or
flaking paint on interior and exterior surfaces
-Repair of structural defects causing paint to chip,
peel or flake
-Strip and repaint, replace, or encapsulate all
interior window sills with vinyl, metal or other
approved materials
-Installation of caps of vinyl, aluminum or other
approved materials in window wells
-Fix top of sash of windows to prevent friction
caused by opening and closing windows
-Rehang doors to prevent rubbing together of leadpainted surfaces
-Ensure all kitchen and bathroom floors are overlaid
with smooth, water-resistant surface
-Ensure all bare floors are smooth and cleanable
-HEPA vacuuming and wet-washing interior of unit
c. Satisfy treatment deadlines established in Section 6-817 of
Environment Article. By February 24, 2011, owners of
affected properties were required to bring and maintain at
least 50% of owner’s affected properties into compliance
with Full Risk Reduction Standard. On and after February
24, 2006, owners of affected properties must ensure that
100% of affected properties in which pregnant woman or
child under six reside, and of whom have received written
notification, have complied with the Full Risk Reduction
Standard and Modified Risk Reduction Standard.
d. Comply with Modified Risk Reduction Treatments when
notified: When notified of paint or structural defects in a
unit or that a child under 6 or pregnant woman has a blood
level elevation of 10 mcg/dL or more, owner of affected
property must perform Modified Risk Reduction treatments
within 30 days of notification.
e. All affected rental properties must be certified by an MDEaccredited inspector. The Lead Paint Risk Reduction
Inspection Certificate verifies that the owner of an affected
property has complied with the Risk Reduction Standard.
f. All work performed in affected properties must be
completed by accredited contractors.
g. Make Qualified Offer and relocate child and family to leadsafe housing within 30 days of receiving notification that
child under 6 or pregnant woman in residence has a blood
level of 15 mcg/dL or more.
II. LAW
Part I. Definitions; General Provisions
Section 6-801. Definitions
Section 6-802. Purpose
Section 6-803. Applicability of subtitle
Section 6-804. Exemptions from Part IV
Part II. Lead Poisoning Prevention Commission
Section 6-807. Lead Poisoning Prevention Commission
Section 6-808. Meetings
Section 6-809. Window replacement program
Section 6-810. Study and collection of information; subcommittees; review;
testing standards and regulations
Part III. Registration of Affected Property
Section 6-811. Registration
Section 6-812. Renewals; Acquisitions
Section 6-813. Failure to register or renew; falsification of filings
Part IV. Risk Reduction Standard for Affected Property
Section 6-815. Satisfaction of risk reduction standards; enforcement officer
Section 6-816. Optional lead-contaminated dust testing
Section 6-817. Compliance requirements; loss of liability protection; cost of
temporary relocation
Section 6-818. Inspectors’ accreditation and independence; certified reports
Section 6-819. Modified risk reduction standard
Section 6-820. Notice of tenant’s rights
Section 6-821. Repairs; removal from risks; refusal of tenant; accredited
supervision
Section 6-822. Effect of subtitle on State and local laws or housing codes;
abatement orders
Section 6-823. Lead poisoning information packet
Section 6-824. Disclosure to prospective purchasers; transfers
Section 6-825. Compliance plan for occupied affected property
Part V. Qualified Offer
Section 6-826. Definitions
Section 6-827. Applicability
Section 6-828. Failure to give notice to owner in compliance
Section 6-829. Availability of blood tests
Section 6-830. Presumption of prior lead ingestion
Section 6-831. Authorized offerors; qualified offers
Section 6-832. Notice of qualified offer
Section 6-833. Qualified offers where parent or legal guardian is unavailable
Section 6-834. Acceptance or rejection of qualified offer
Section 6-835. Release of liability on acceptance
Section 6-836. Protection from liability; regulatory compliance
Section 6-836.1 Protection from liability; regulatory compliance –Discovery
and evidentiary hearing
Section 6-837. Offers of compromise
Section 6-838. Noncompliance presumes negligence
Section 6-839. Expenses and costs included in qualified offer; certification of
compliance; regulations
Section 6-840. Aggregate maximum amounts payable; payment; payments
not income or asset
Section 6-841. Payments under qualified offer for temporary relocation;
reoccupation of affected property
Section 6-842. Failure to comply or falsification of compliance with qualified
offer; statute of limitations
Part VI. Lead Poisoning Prevention Fund
Section 6-843. Collection and payment of annual fee; exemptions
Section 6-844. Lead Poisoning Prevention Fund
Section 6-845. Database and information collection of affected property; data
availability
Part VII. Miscellaneous
Section 6-846. Notification of high blood lead to person at risk, parent and
owner
Section 6-847. Disclosure of blood lead test results
Section 6-848. Community outreach programs; local assistance
Section 6-848.1. Paint retailers to display information on lead paint
regulation
Section 6-848.2. Reports of noncompliance
Part VIII. Enforcement
Section 6-849. Administrative penalties; waiver
Section 6-850. Limitation of penalties; penalty for false verification
Section 6-851. Audits of work verifications; penalty
Section 6-852. Spot checks of properties reported or verified as satisfying the
modified risk reduction standards
Part I. Definitions; General Provisions
§ 6-801. Definitions (MD. CODE ANN., ENVIR. § 6-801 (2011))
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Affected property. -(1) "Affected property" means:
(i) A property constructed before 1950 that contains at least one rental
dwelling unit; or
(ii) Any residential rental property for which the owner makes an election
under § 6-803(a)(2) of this subtitle.
(2) "Affected property" includes an individual rental dwelling unit within a
multifamily rental dwelling.
(3) "Affected property" does not include property exempted under § 6-803(b) of
this subtitle.
(c) Change in occupancy. -- "Change in occupancy" means a change of tenant in an
affected property in which the property is vacated and possession is either surrendered to
the owner or abandoned.
(d) Child. -- "Child" means an individual under the age of 6 years.
(e) Commission. -- "Commission" means the Lead Poisoning Prevention Commission.
(f) Elevated blood lead, EBL. -(1) "Elevated blood lead" or "EBL" means a quantity of lead in blood, expressed
in micrograms per deciliter (ug/dl), that exceeds the threshold level specified in
this subtitle and is determined in accordance with the following protocols:
(i) A venous blood test; or
(ii) Two capillary blood tests taken in accordance with paragraph (2) of
this subsection.
(2) If the capillary blood test method is used, an individual shall:
(i) Have a first sample of capillary blood drawn and tested; and
(ii) Have a second sample of capillary blood drawn and tested within 84
days after the first sample is drawn.
(3) If the result of one capillary blood test would require action under this subtitle
and the other result would not, an individual's elevated blood lead level shall be
confirmed by a venous blood test.
(g) Exterior surfaces. -- "Exterior surfaces" means:
(1) All fences and porches that are part of an affected property;
(2) All outside surfaces of an affected property that are accessible to a child and
that are:
(i) Attached to the outside of an affected property; or
(ii) Other buildings and structures, including play equipment, benches, and
laundry line poles, that are part of the affected property, except buildings
or structures that are not owned or controlled by the owner of the affected
property; and
(3) All painted surfaces in stairways, hallways, entrance areas, recreation areas,
laundry areas, and garages within a multifamily rental dwelling unit that are
common to individual dwelling units and are accessible to a child.
(h) Fund. -- "Fund" means the Lead Poisoning Prevention Fund.
(i) High efficiency particle air vacuum, HEPA-vacuum. –
(1) "High efficiency particle air vacuum" or "HEPA-vacuum" means a device
capable of filtering out particles of 0.3 microns or greater from a body of air at an
efficiency of 99.97% or greater.
(2) "HEPA-vacuum" includes use of a HEPA-vacuum.
(j) Lead-based paint. -- "Lead-based paint" means paint or other surface coatings that
contain lead in excess of the maximum lead content level allowed by the Department by
regulation.
(k) Lead-contaminated dust. -- "Lead-contaminated dust" means dust in affected
properties that contains an area or mass concentration of lead in excess of the lead
content level determined by the Department by regulation.
(l) Lead-free. -- "Lead-free" means at or below a lead content level deemed to be leadfree in accordance with criteria established by the Department by regulation.
(m) Lead-safe housing. -- "Lead-safe housing" means a rental dwelling unit that:
(1) Is certified to be lead-free in accordance with § 6-804 of this subtitle;
(2) Was constructed after 1978;
(3) Is deemed to be lead-safe by the Department in accordance with criteria
established by the Department by regulation; or
(4) Is certified to be in compliance with § 6-815(a) of this subtitle and:
(i) In which all windows are either lead-free or have been treated so that
all friction surfaces are lead-free;
(ii) In which lead contaminated dust levels are determined to be within
abatement clearance levels established by the Department by regulation,
within a time frame established by the Department by regulation; and
(iii) Which is subject to ongoing maintenance and testing as specified by
the Department by regulation.
(n) Multifamily rental dwelling. -- "Multifamily rental dwelling" means a property which
contains more than one rental dwelling unit.
(o) Owner. –
(1) "Owner" means a person, firm, corporation, guardian, conservator, receiver,
trustee, executor, or legal representative who, alone or jointly or severally with
others, owns, holds, or controls the whole or any part of the freehold or leasehold
interest to any property, with or without actual possession.
(2) "Owner" includes:
(i) Any vendee in possession of the property; and
(ii) Any authorized agent of the owner, including a property manager or
leasing agent.
(3) "Owner" does not include:
(i) A trustee or a beneficiary under a deed of trust or a mortgagee; or
(ii) The owner of a reversionary interest under a ground rent lease.
(p) Person at risk. -- "Person at risk" means a child or a pregnant woman who resides or
regularly spends at least 24 hours per week in an affected property.
(q) Related party. -- "Related party" means any:
(1) Person related to an owner by blood or marriage;
(2) Employee of the owner; or
(3) Entity in which an owner, or any person referred to in paragraph (1) or (2) of
this subsection, has an interest.
(r) Relocation expenses. -- "Relocation expenses" means all expenses necessitated by the
relocation of a tenant's household to lead-safe housing, including moving and hauling
expenses, the HEPA-vacuuming of all upholstered furniture, payment of a security
deposit for the lead-safe housing, and installation and connection of utilities and
appliances.
(s) Rent subsidy. -- "Rent subsidy" means the difference between the rent paid by a tenant
for housing at the time a qualified offer is made under Part V of this subtitle and the rent
due for the lead-safe housing to which the tenant is relocated.
(t) Rental dwelling unit. –
(1) "Rental dwelling unit" means a room or group of rooms that form a single
independent habitable rental unit for permanent occupation by one or more
individuals that has living facilities with permanent provisions for living,
sleeping, eating, cooking, and sanitation.
(2) "Rental dwelling unit" does not include:
(i) An area not used for living, sleeping, eating, cooking, or sanitation,
such as an unfinished basement;
(ii) A unit within a hotel, motel, or similar seasonal or transient facility;
(iii) An area which is secured and inaccessible to occupants; or
(iv) A unit which is not offered for rent.
(u) Risk reduction standard. -- "Risk reduction standard" means a risk reduction standard
established under § 6-815 or § 6-819 of this subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 124, § 3; 1998, ch. 506; § 2003, ch. 446; 2004,
ch. 540; § 2; 2005, ch. 278; 2006, ch. 418.
Case Law:
Evidentiary Presumptions. Although residential rental property owner of
property constructed before certain date is required under the law to take certain
measures to protect against lead paint poisoning or receive certification that the
property is lead-free, the statute does not create a presumption that rental
properties built prior to a certain date contain lead-based paint. Dow v. L & R
Properties, Inc., 144 Md. App. 67, 796 A.2d 139 (2002).
Definition of “Owners”. Real estate agent was not an “owner” under the Lead
Paint Act for the purposes of liability for lead paint poisoning that minor
sustained during residency in rental property. The Act did not impose duty of care
on real estate agents acting only to list and promote residential rental property.
The right to hold or control the property must exist; under the Act, residential
rental property owners had duties that real estate agent could not adhere to
without a right to hold or control the property. Dyer v. Criegler, 142 Md. App.
109, 788 A.2d 227 (2002).
Real estate agent or broker that did not own, hold, or control the rental property
did not fall under the definition of “owner,” and thus was not liable for lead
poisoning of minor child. Dyer v. Otis Warren Real Estate Co., 371 Md. 576, 810
A.2d 938 (2002).
“Holds or controls”. In the definition of “owner,” the phrase “holds or controls”
requires that the entity have the ability to change the condition of the property.
Dyer v. Criegler, 142 Md. App. 109, 788 A.2d 227 (2002).
§ 6-802. Purpose (MD. CODE ANN., ENVIR. § 6-802 (2011))
The purpose of this subtitle is to reduce the incidence of childhood lead poisoning, while
maintaining the stock of available affordable rental housing.
HISTORY: 1994, ch. 114, § 1.
§ 6-803. Applicability of subtitle (MD. CODE ANN., ENVIR. § 6-803 (2011))
(a) In general. -- This subtitle applies to:
(1) Affected property; and
(2) Notwithstanding subsection (b) of this section, any residential rental property,
the owner of which elects to comply with this subtitle.
(b) Exceptions. -- This subtitle does not apply to:
(1) Property not expressly covered in subsection (a) of this section;
(2) Affected property owned or operated by a unit of federal, State, or local
government, or any public, quasi-public, or municipal corporation, if the affected
property is subject to lead standards that are equal to, or more stringent than, the
risk reduction standard established under § 6-815 of this subtitle; or
(3) Affected property which is certified to be lead-free pursuant to § 6-804 of this
subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 124, § 3; 2004, ch. 540, § 2.
§ 6-804. Exemptions from Part IV (MD. CODE ANN., ENVIR. § 6-804 (2011))
(a) Submission of inspection report. -- Affected property is exempt from the provisions of
Part IV of this subtitle if the owner submits to the Department an inspection report that:
(1) Indicates that the affected property has been tested for the presence of leadbased paint in accordance with standards and procedures established by the
Department by regulation;
(2) States that:
(i) All interior and exterior surfaces of the affected property are lead-free;
or
(ii) 1. All interior surfaces of the affected property are lead-free and all
exterior painted surfaces of the affected property that were chipping,
peeling, or flaking have been restored with nonlead-based paint; and
2. No exterior painted surfaces of the affected property are
chipping, peeling, or flaking; and
(3) Is verified by the Department accredited inspector who performed the test.
(b) Maintaining exemption. -- In order to maintain exemption from the provisions of Part
IV of this subtitle under (a)(2)(ii) of this section, the owner shall submit to the
Department every 2 years a certification, by a Department accredited inspector, stating
that no exterior painted surface of the affected property is chipping, peeling, or flaking.
(c) Inspection report. -- Outside surfaces of an affected property, including windows,
doors, trim, fences, porches, and other buildings or structures that are part of the affected
property, are exempt from the risk reduction standards under §§ 6-815 and 6-819 of this
subtitle if all exterior surfaces of an affected property are lead-free and the owner submits
to the Department an inspection report that:
(1)Indicates that the outside surfaces have been tested for the presence of leadbased paint in accordance with standards and procedures established by the
Department by regulation;
(2) States that all outside surfaces of the affected property are lead-free; and
(3) Is verified by the Department accredited inspector who performed the test.
HISTORY: 1994, ch. 114, § 1; 1996, ch. 176; 1998, ch. 507; 2004, ch. 540, § 2; 2005,
ch. 278; 2006, ch. 528.
Part II. Lead Poisoning Prevention Commission
§ 6-807. Lead Poisoning Prevention Commission (MD. CODE ANN., ENVIR. § 6-807
(2011))
(a) Establishment. -- There is a Lead Poisoning Prevention Commission in the
Department.
(b) Composition. -(1) The Commission consists of 19 members.
(2) Of the 19 members:
(i) One shall be a member of the Senate of Maryland, appointed by the
President of the Senate;
(ii) One shall be a member of the Maryland House of Delegates, appointed
by the Speaker of the House; and
(iii) 17 shall be appointed by the Governor as follows:
1. The Secretary or the Secretary's designee;
2. The Secretary of Health and Mental Hygiene or the Secretary's
designee;
3. The Secretary of Housing and Community Development or the
Secretary's designee;
4. The Maryland Insurance Commissioner or the Commissioner's
designee;
5. The Director of the Early Childhood Development Division,
State Department of Education, or the Director's designee;
6. A representative of local government;
7. A representative from an insurer that offers premises liability
coverage in the State;
8. A representative of a financial institution that makes loans
secured by rental property;
9. A representative of owners of rental property located in
Baltimore City built before 1950;
10. A representative of owners of rental property located outside
Baltimore City built before 1950;
11. A representative of owners of rental property built after 1949;
12. A representative of a child health or youth advocacy group;
13. A health care provider;
14. A child advocate;
15. A parent of a lead poisoned child;
16. A lead hazard identification professional; and
17. A representative of child care providers.
(3) In appointing members to the Commission, the Governor shall give due
consideration to appointing members representing geographically diverse
jurisdictions across the State.
(c) Terms. -(1) (i) The term of a member appointed by the Governor is 4 years.
(ii) A member appointed by the President and Speaker serves at the
pleasure of the appointing officer.
(2) The terms of members are staggered as required by the terms provided for the
members of the Commission on October 1, 1994.
(3) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the
remainder of the term and until a successor is appointed and qualifies.
HISTORY: 1994, ch. 114, § 1; 1995, ch. 3, § 1; 2001, ch. 707; 2006, ch. 44.
§ 6-808. Meetings (MD. CODE ANN., ENVIR. § 6-808 (2011))
(a) Frequency, times and places. -- The Commission shall meet at least quarterly at the
times and places it determines.
(b) Chairman. -- From among the members, the Governor shall appoint the Chairman of
the Commission.
(c) Quorum. -(1) A majority of the members then serving on the Commission constitutes a
quorum.
(2) The Commission may act upon a majority vote of the quorum.
(d) Compensation; expenses. -- A member of the Commission:
(1) May not receive compensation; but
(2) Is entitled to reimbursement from the Fund for reasonable travel expenses
related to attending meetings and other Commission events in accordance with the
Standard State Travel Regulations.
HISTORY: 1994, ch. 114, § 1.
§ 6-809. Window replacement program (MD. CODE ANN., ENVIR. § 6-809 (2011))
(a) Recommendations for financial incentives. -- In consultation with the Secretary of
Housing and Community Development, the Commission shall develop recommendations
for establishing a program that would provide financial incentives or assistance to owners
of affected property to replace windows.
(b) Recommendations for merging programs. -- In developing recommendations for a
window replacement program, the Commission shall consider the feasibility and
desirability of merging a window replacement program into existing housing programs.
(c) Inclusion in first annual report. -- The Commission shall include in its first annual
report under § 6-810 of this subtitle its recommendations for establishing a window
replacement program.
HISTORY: 1994, ch. 114, § 1.
§ 6-810. Study and collection of information; subcommittees; review; testing
standards and regulations (MD. CODE ANN., ENVIR. § 6-810 (2011))
(a) Study and collection of information. -- The Commission shall study and collect
information on the:
(1) Effectiveness of this subtitle in:
(i) Protecting children from lead poisoning; and
(ii) Lessening risks to responsible owners;
(2) Effectiveness of the treatments specified in §§ 6-815 and 6-819 of this subtitle,
including recommendations for changes to those treatments;
(3) Availability of third-party bodily injury liability insurance and premises
liability insurance for affected property, including waivers of lead hazard
exclusion and coverage for qualified offers made under Part V of this subtitle;
(4) Ability of State and local officials to respond to lead poisoning cases;
(5) Availability of affordable housing;
(6) Adequacy of the qualified offer caps; and
(7) Need to expand the scope of this subtitle to other property serving persons at
risk, including child care centers, family day care homes, and preschool facilities.
(b) Subcommittee subject matters. -- The Commission may appoint a subcommittee or
subcommittees to study the following subjects relating to lead and lead poisoning:
(1) Medical referral;
(2) Regulation and compliance;
(3) Worker education;
(4) Social services;
(5) Educational services;
(6) Legal aspects;
(7) Employer services;
(8) Abatement of lead sources;
(9) Financial subsidies and other encouragement and support for the abatement of
the causes of lead poisoning;
(10) Laboratory services; and
(11) Other subjects that the Commission considers necessary.
(c) Review and recommendations on implementation and operation. -- The Commission
shall review the implementation and operation of this subtitle and, on or before January 1
of each year, starting in 1996, submit a report to the Governor and, subject to the
provisions of § 2-1246 of the State Government Article, the General Assembly on the
results of the review, and the Commission's recommendations concerning this subtitle,
other lead poisoning issues, and the need for further action that the Commission
determines to be necessary.
(d) Establishment of testing standards; implementing regulations. -- The Department shall
consult with the Commission on establishing the optional lead-contaminated dust testing
standards under § 6-816 of this subtitle and in developing regulations to implement this
subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 635, § 9; ch. 636, § 9.
Part III. Registration of Affected Property
§ 6-811. Registration (MD. CODE ANN., ENVIR. § 6-811 (2011))
(a) Date of registration. –
(1) On or before December 31, 1995, the owner of an affected property shall
register the affected property with the Department.
(2) Notwithstanding paragraph (1) of this subsection, an owner of affected
property for which an election is made under § 6-803(a)(2) of this subtitle shall
register at the time of the election.
(b) Forms; contents. -- The owner shall register each affected property using forms
prepared by the Department, including the following information:
(1) The name and address of the owner;
(2) The address of the affected property;
(3) If applicable, the name and address of each property manager employed by the
owner to manage the affected property;
(4) The name and address of each insurance company providing property
insurance or lead hazard coverage for the affected property, together with the
policy numbers of that insurance or coverage;
(5) The name and address of a resident agent, other agent of the owner, or contact
person in the State with respect to the affected property;
(6) Whether the affected property was built before 1950 or after 1949;
(7) The date of the latest change in occupancy of the affected property;
(8) The dates and nature of treatments performed to attain or maintain a risk
reduction standard under § 6-815 or § 6-819 of this subtitle; and
(9) The latest date, if any, on which the affected property has been certified to be
in compliance with the provisions of § 6-815 of this subtitle.
(c) Information in the public domain; requests for disclosure. –
(1) Subject to the provisions of paragraph (2) of this subsection, the information
provided by an owner under subsection (b) of this section shall be open to the
public.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, the Department
may not disclose an inventory or list of properties owned by an owner.
(ii) The Department shall, upon request, disclose whether the owner has met
the percentage of inventory requirements under § 6-817 of this subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616.
Case Law:
Owner. Real estate broker did not have sufficient control over the residential
rental property to comply with the registration requirement under the Lead
Poisoning Prevention Act. Dyer v. Otis Warren Real Estate Co., 371 Md. 576,
810 A.2d 938 (2002).
§ 6-812. Renewals; acquisitions (MD. CODE ANN., ENVIR. § 6-812 (2011))
(a) Renewals. -- An owner who has registered an affected property under § 6-811 of this
subtitle shall:
(1) Renew the registration of the affected property on or before December 31 of
each year; and
(2) Update the information contained in the owner's registration required by § 6811(b)(1) through (5) of this subtitle within 30 days after any change in the
information required in the registration.
(b) Registration after acquisition. -- An owner who first acquires affected property after
December 1, 1995 shall register the affected property under § 6-811 of this subtitle within
30 days after the acquisition.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616.
Case Law:
Registration Renewal. Registration renewal is complete when the form is
marked as received and date-stamped by Maryland Department of the
Environment, and not when a rental property owner sends the form. Jackson v.
Dackman Co., 181 Md. App. 546, 956 A.2d 861 (2008).
§ 6-813. Failure to register or renew; falsification of filings (MD. CODE ANN. ENVIR.
§ 6-813 (2011))
(a) Failure to register or renew registration. -- An owner who fails to register an affected
property under § 6-811 of this subtitle, or who fails to renew the registration of an
affected property under § 6-812 of this subtitle, is not in compliance with respect to that
affected property with the provisions of this subtitle for purposes of § 6-836 of this
subtitle.
(b) Falsification of filings; penalty. -- A person who willfully and knowingly falsifies
information filed in a registration or renewal under this part is guilty of a misdemeanor
and on conviction is subject to a fine not exceeding $ 2,000.
HISTORY: 1994, ch. 114, § 1; 2006, ch. 398.
Part IV. Risk Reduction Standard for Affected Property
§ 6-815. Satisfaction of risk reduction standards; enforcement officer (MD. CODE
ANN., ENVIR. § 6-815 (2011))
(a) On first change of occupancy. -- No later than the first change in occupancy in an
affected property that occurs on or after February 24, 1996, before the next tenant
occupies the property, an owner of an affected property shall initially satisfy the risk
reduction standard established under this subtitle by:
(1) Passing the test for lead-contaminated dust under § 6-816 of this subtitle
provided that any chipping, peeling, or flaking paint has been removed or
repainted on:
(i) The exterior painted surfaces of the residential building in which the
rental dwelling unit is located; and
(ii) The interior painted surfaces of the rental dwelling unit; or
(2) Performing the following lead hazard reduction treatments:
(i) A visual review of all exterior and interior painted surfaces;
(ii) The removal and repainting of chipping, peeling, or flaking paint on
exterior and interior painted surfaces;
(iii) The repair of any structural defect that is causing the paint to chip,
peel, or flake that the owner of the affected property has knowledge of or,
with the exercise of reasonable care, should have knowledge of;
(iv) Stripping and repainting, replacing, or encapsulating all interior
windowsills with vinyl, metal, or any other material in a manner and under
conditions approved by the Department;
(v) Ensure that caps of vinyl, aluminum, or any other material in a manner
and under conditions approved by the Department, are installed in all
window wells in order to make the window wells smooth and cleanable;
(vi) Except for a treated or replacement window that is free of lead-based
paint on its friction surfaces, fixing the top sash of all windows in place in
order to eliminate the friction caused by movement of the top sash;
(vii) Rehanging all doors necessary in order to prevent the rubbing
together of a lead-painted surface with another surface;
(viii) Making all bare floors smooth and cleanable;
(ix) Ensure that all kitchen and bathroom floors are overlaid with a
smooth, water-resistant covering; and
(x) HEPA-vacuuming and washing of the interior of the affected property
with high phosphate detergent or its equivalent, as determined by the
Department.
(b) On each change in occupancy. -- At each change in occupancy thereafter, before the
next tenant occupies the property, the owner of an affected property shall satisfy the risk
reduction standard established under this subtitle by:
(1) Passing the test for lead-contaminated dust under § 6-816 of this subtitle; or
(2) (i) Repeating the lead hazard reduction treatments specified in subsection
(a)(2)(i), (ii), (iii), and (x) of this section; and
(ii) Ensuring that the lead hazard reduction treatments specified in
subsection (a)(2)(iv), (v), (vi), (vii), (viii), and (ix) of this section are still
in effect.
(c) Inspections. -- Except for affected properties that pass a test for lead-contaminated
dust under § 6-816 of this subtitle, at each change in occupancy, an owner of an affected
property shall have the property inspected to verify that the risk reduction standard
specified in this section has been satisfied.
(d) Exterior work; waiver. -(1) Exterior work required to satisfy the risk reduction standard may be delayed,
pursuant to a waiver approved by the appropriate person under paragraph (2) of
this subsection, during any time period in which exterior work is not required to
be performed under an applicable local housing code or, if no such time period is
specified, during the period from November 1 through April 1, inclusive.
(2) A waiver under paragraph (1) of this subsection may be approved by the code
official for enforcement of the housing code or minimum livability code of the
local jurisdiction, or, if there is no such official, the Department of Housing and
Community Development.
(3) Notwithstanding the terms of the waiver, all work delayed in accordance with
paragraph (1) of this subsection shall be completed within 30 days after the end of
the applicable time period.
(4) Any delay allowed under paragraph (1) of this subsection may not affect the
obligation of the owner to complete all other components of the risk reduction
standard and to have those components inspected and verified.
(5) If the owner has complied with the requirements of paragraph (4) of this
subsection, the owner may rent the affected property during any period of delay
allowed under paragraph (1) of this subsection.
(e) Designation of enforcement officer. -- On request of a local jurisdiction, the Secretary
may designate the code official for enforcement of the housing code or minimum
livability code for the local jurisdiction, or an appropriate employee of the local
jurisdiction, to conduct inspections under this subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616; 2001, ch. 707.).
§ 6-816. Optional lead-contaminated dust testing (MD. CODE ANN. ENVIR. § 6-816
(2011))
The Department shall establish procedures and standards for the optional leadcontaminated dust testing by regulation.
HISTORY: 1994, ch. 114, § 1.
§ 6-817. Compliance requirements; loss of liability protection; cost of temporary
relocation (MD. CODE ANN., ENVIR. § 6-817 (2011))
(a) Fifty percent compliance required; loss of liability protection. –
(1) On and after February 24, 2001, an owner of affected properties shall ensure
that at least 50% of the owner's affected properties have satisfied the risk
reduction standard specified in § 6-815(a) of this subtitle, without regard to the
number of affected properties in which there has been a change in occupancy.
(2) (i) Notwithstanding any other remedy that may be available, an owner who
fails to meet the requirements of subsections (a)(1) and (c) of this section shall
lose the liability protection under § 6-836 of this subtitle for any alleged injury or
loss caused by the ingestion of lead by a person at risk that is first documented by
a test for EBL of 20 ug/dl or more performed between February 24, 2001 and
February 23, 2006, inclusive, or 15 ug/dl or more performed on or after February
24, 2006, in any of the owner's units that have not satisfied the risk reduction
standard specified in § 6-815(a) of this subtitle and the inspection requirement of
subsection (c) of this section.
(ii) On or after the date that the owner meets the requirements of
subsections (a)(1) and (c) of this section, the liability protection under § 6836 of this subtitle shall be reinstated for any alleged injury or loss caused
by the ingestion of lead by a person at risk that is first documented by a
test for EBL of 20 ug/dl or more performed between February 24, 2001
and February 23, 2006, inclusive, or 15 ug/dl or more performed on or
after February 24, 2006.
(b) One-hundred percent compliance; loss of liability protection. -(1) On and after February 24, 2006, an owner of affected properties shall ensure
that 100% of the owner's affected properties in which a person at risk resides, and
of whom the owner has been notified in writing, have satisfied the risk reduction
standard specified in § 6-815(a) of this subtitle.
(2) (i) Notwithstanding any other remedy that may be available, an owner who
fails to meet the requirements of subsections (b)(1) and (c) of this section, or of §
6-819(e) of this subtitle shall lose the liability protection under § 6-836 of this
subtitle for any alleged injury or loss caused by the ingestion of lead by a person
at risk that is first documented by a test for EBL of 15 ug/dl or more on or after
February 24, 2006 in any of the owner's units that have not satisfied the risk
reduction standard specified in § 6-815(a) of this subtitle, the inspection
requirement of subsection (c) of this section, or the modified risk reduction
standard specified in § 6-819(a) of this subtitle, as applicable.
(ii) The liability protection under § 6-836 of this subtitle shall be reinstated
for any alleged injury or loss caused by the ingestion of lead that is first
documented by a test for EBL of 15 ug/dl or more after the date that the
owner meets the requirements of subsections (b)(1) and (c) of this section
and the requirements of § 6-819(e) of this subtitle.
(iii) The provisions of this paragraph do not apply if the owner proves that
the noncompliance results from:
1. A tenant's lack of cooperation with the owner's compliance
efforts; or
2. Legal action affecting access to the unit.
(3) Notice given under subsection (b)(1) of this section shall be sent by:
(i) Certified mail, return receipt requested; or
(ii) A verifiable method approved by the Department.
(c) Inspections after treatment. -- On each occasion that an affected property which has
not undergone a change in occupancy is treated to satisfy the requirements of this section,
the owner of the affected property shall have the property inspected to verify that the risk
reduction standard specified in § 6-815(a) of this subtitle has been satisfied.
(d) Cost of temporary relocation. -- The owner of an affected property shall be
responsible for the cost of any temporary relocation of the tenants of the affected property
that is necessary to fulfill the requirements of this section.
HISTORY: 1994, ch. 114, § 1; 1995, ch. 3, § 1; 1997, ch. 616; 2005, ch. 278; 2006, ch.
44, § 6.
§ 6-818. Inspectors' accreditation and independence; certified reports (MD. CODE
ANN., ENVIR. § 6-818 (2011))
(a) Inspectors to be accredited, independent. -(1) Any person performing lead-contaminated dust testing or conducting
inspections required by this subtitle:
(i) Shall be accredited by the Department;
(ii) May not be a related party to the owner; and
(iii) Shall submit a verified report of the result of the lead-contaminated
dust testing or visual inspection to the Department, the owner, and the
tenant, if any, of the affected property.
(2) An owner may not employ or engage a related party to the owner to perform
lead-contaminated dust testing or conduct inspections required by this subtitle.
(b) Certified report as proof of compliance. -- A report submitted to the Department
under subsection (a) of this section that certifies compliance for an affected property with
the risk reduction standard shall be conclusive proof that the owner is in compliance with
the risk reduction standard for the affected property during the period for which the
certification is effective, unless there is:
(1) Proof of actual fraud as to that affected property;
(2) Proof that the work performed in the affected property was not performed by
or under the supervision of personnel accredited under § 6-1002 of this title; or
(3) Proof that the owner failed to respond to a complaint regarding the affected
property as required by § 6-819 of this subtitle.
HISTORY: 1994, ch. 114, § 1; 2000, ch. 453; 2005, ch. 420.
Case Law:
Presumption of Compliance. Presumption of compliance with risk reduction
standards under the statute was created when the landlord submitted documents
certifying compliance with the standards. This was a rebuttable presumption. The
Reduction of Lead Risk in Housing Act did not violate due process and was
constitutional; the certification document had to demonstrate that an accredited
and independent inspector completed the test for lead-contaminated dust, show
that the inspection was not completed by an accredited worker, or show that the
owner failed to respond to complaint regarding affected property to overcome
presumption created by the Act. Jackson v. Dackman Co., 181 Md. App. 546, 969
A.2d 370 (2008).
§ 6-819. Modified risk reduction standard (MD. CODE ANN., ENVIR. § 6-819 (2011))
(a) Required treatments. -- The modified risk reduction standard shall consist of
performing the following lead hazard reduction treatments:
(1) A visual review of all exterior and interior painted surfaces;
(2) The removal and repainting of chipping, peeling, or flaking paint on exterior
and interior painted surfaces;
(3) The repair of any structural defect that is causing the paint to chip, peel, or
flake, that the owner of the affected property has knowledge of or, with the
exercise of reasonable care, should have knowledge of;
(4) Stripping and repainting, replacing, or encapsulating all interior windowsills
with vinyl, metal, or any other material in a manner and under conditions
approved by the Department;
(5) Ensure that caps of vinyl, aluminum, or any other material in a manner and
under conditions approved by the Department, are installed in all window wells in
order to make the window wells smooth and cleanable;
(6) Except for a treated or replacement window that is free of lead-based paint on
its friction surfaces, fixing the top sash of all windows in place in order to
eliminate the friction caused by the movement of the top sash;
(7) Rehanging all doors in order to prevent the rubbing together of a lead-painted
surface with another surface;
(8) Ensure that all kitchen and bathroom floors are overlaid with a smooth, waterresistant covering; and
(9) HEPA-vacuuming and washing with high phosphate detergent or its
equivalent, as determined by the Department, any area of the affected property
where repairs were made.
(b) Notification by tenant of defect. –
(1) A tenant of an affected property may notify the owner of the affected property
of a defect in the affected property under this section in accordance with this
subsection.
(2) Notice of a defect under this section shall consist of:
(i) If the modified risk reduction standard has not been satisfied for the
affected property, the presence of chipping, peeling, or flaking paint on the
interior or exterior surfaces of the affected property or of a structural
defect causing chipping, peeling, or flaking paint in the affected property;
or
(ii) If the modified risk reduction standard has been satisfied for the
affected property, a defect relating to the modified risk reduction standard.
(c) Time of satisfaction of standard; schedule. -(1) After February 23, 1996, an owner of an affected property shall satisfy the
modified risk reduction standard:
(i) Within 30 days after receipt of written notice that a person at risk who
resides in the property has an elevated blood lead level documented by a
test for EBL greater than or equal to 15 ug/dl before February 24, 2006 or
greater than or equal to 10 ug/dl on or after February 24, 2006; or
(ii) Within 30 days after receipt of written notice from the tenant, or from
any other source, of:
1. A defect; and
2. The existence of a person at risk in the affected property.
(2) (i) An owner who receives multiple notices of an elevated blood level under
this subsection or multiple notices of defect under subsection (d) of this section
may satisfy all such notices by subsequent compliance with the risk reduction
measures specified in subsection (a) of this section, as documented by satisfaction
of subsection (f) or (g) of this section, if the owner complies with the risk
reduction measures specified in subsection (a) of this section after the date of the
test documenting the elevated blood level or after the date the notices of defect
were issued.
(ii) Subparagraph (i) of this paragraph does not affect an owner's
obligation to perform the risk reduction measures specified in subsection
(a) of this section for a triggering event that occurs after the owner
satisfies the provisions of subparagraph (i) of this paragraph.
(d) Notification from tenant or any other source after May 23, 1997. -- After May 23,
1997, an owner of an affected property shall satisfy the modified risk reduction standard
within 30 days after receipt of written notice from the tenant, or from any other source, of
a defect.
(e) One hundred percent satisfaction after February 24, 2006. -- Except as provided in §
6-817(b) of this subtitle, on and after February 24, 2006, an owner of affected properties
shall ensure that 100% of the owner's affected properties in which a person at risk does
not reside have satisfied the modified risk reduction standard.
(f) Verification; failure to verify; inspector's report; owner's obligations. -(1) An owner of an affected property shall verify satisfaction of the modified risk
reduction standard by submitting a statement of the work performed on the
property, verified by the tenant and an accredited supervisor or contractor, to the
Department on or before the tenth day of the month following the month in which
the work was completed.
(2) (i) If the tenant fails or refuses to verify the statement of work performed on
the affected property, the owner shall within 5 business days of the failure or
refusal, contact an inspector accredited under § 6-818(a) of this subtitle to inspect
the affected property.
(ii) The inspector's report shall either certify that the work required to be
performed under this section was satisfactorily completed or specify
precisely what additional work is required.
(iii) If additional work is required:
1. The owner shall have 20 days after receipt of the inspector's
report in which to perform the work, subject to a weather delay
under the provisions of subsection (j) of this section; and
2. The inspector shall reinspect the affected property after the
additional work is completed and:
A. Issue a report certifying that the work is complete; and
B. Mail a copy of the report to the tenant, the owner, and
the Department within 10 days after the inspection or
reinspection.
(g) Election of lead-contaminated dust test. -- In lieu of satisfying the modified risk
reduction standard, the owner of an affected property may elect to pass the test for leadcontaminated dust under § 6-816 of this subtitle provided that any chipping, peeling, or
flaking paint has been removed or repainted on:
(1) The exterior painted surfaces of the residential building in which the rental
dwelling unit is located; and
(2) The interior painted surfaces of the rental dwelling unit.
(h) Written notice by certified mail or approved method required. -- Notice given under
this section shall be written, and shall be sent by:
(1) Certified mail, return receipt requested; or
(2) A verifiable method approved by the Department.
(i) Elimination of treatments by Department. -- The Department may, by regulation,
eliminate any treatment from the modified risk reduction standard if the Department finds
that performing the treatment in an occupied property is harmful to public health.
(j) Exterior work; waiver; effect on owner's obligations. -(1) Exterior work required to satisfy the modified risk reduction standard may be
delayed, pursuant to a waiver approved by the appropriate person under paragraph
(2) of this subsection, during any time period in which exterior work is not
required to be performed under an applicable local housing code or, if no such
time period is specified, during the period from November 1 through April 1,
inclusive.
(2) A waiver under paragraph (1) of this subsection may be approved by the code
official for enforcement of the housing code or minimum livability code of the
local jurisdiction, or, if there is no such official, the Department of Housing and
Community Development.
(3) Notwithstanding the terms of the waiver, all work delayed in accordance with
paragraph (1) of this subsection shall be completed within 30 days after the end of
the applicable time period.
(4) Any delay allowed under paragraph (1) of this subsection may not affect the
obligation of the owner to complete all other components of the risk reduction
standard and to have those components inspected and verified.
(k) Verified statement or inspector's final reports as rebuttable presumption. -(1) The statement verified by the owner and the tenant of work performed on the
affected property in accordance with subsection (f)(1) of this section or the final
report of the inspector verifying that work was performed on the affected property
in accordance with subsection (f)(2) of this section shall create a rebuttable
presumption, that may be overcome by clear and convincing evidence, that the
owner is in compliance with the modified risk reduction standard for the affected
property unless there is:
(i) Proof of actual fraud as to that affected property; or
(ii) Proof that the work performed on the affected property was not
performed by or under the supervision of personnel accredited under § 61002 of this title.
(2) The statement verified by the owner and the tenant of work performed on the
affected property in accordance with subsection (f)(1) of this section shall contain
a statement:
(i) Describing the modified risk reduction standard required under this
subtitle;
(ii) That execution of this statement by the tenant can affect the tenant's
legal rights; and
(iii) That if the tenant is not satisfied that the modified risk reduction
standard has been met, the tenant should not execute the statement and
should inform the owner and that the owner will have the affected
property inspected by a certified inspector at the owner's expense.
HISTORY: 1994, ch. 114, § 1; 1995, ch. 3, § 1; 1997, ch. 616; 2001, ch. 707; 2005, ch.
278; 2006, ch. 44, § 6.
§ 6-820. Notice of tenant's rights (MD. CODE ANN., ENVIR. § 6-820 (2011))
(a) Required; schedule. -- Except as provided in subsection (b) of this section, an owner
of an affected property shall give to the tenant of the affected property a notice, prepared
by the Department, of the tenant's rights under §§ 6-817 and 6-819 of this subtitle,
according to the following schedule:
(1) At least 25% of the owner's affected properties by May 25, 1996;
(2) At least 50% of the owner's affected properties by August 25, 1996;
(3) At least 75% of the owner's affected properties by November 25, 1996; and
(4) 100% of the owner's affected properties by February 25, 1997.
(b) Time of notice. -- On or after February 24, 1996, an owner of an affected property
shall give to the tenant of the affected property a notice, prepared by the Department, of
the tenant's rights under §§ 6-817 and 6-819 of this subtitle upon the execution of a lease
or the inception of a tenancy.
(c) Biennial notice required. -- An owner of an affected property shall give to the tenant
of the affected property a notice, prepared by the Department, of the tenant's rights under
§§ 6-817 and 6-819 of this subtitle at least every 2 years after last giving the notice to the
tenant.
(d) Duty to provide verified inspection certificate. -- The owner shall include, with the
notice of the tenant's rights that is provided to a tenant under this section upon the
execution of a lease or the inception of a tenancy, a copy of the current verified
inspection certificate for the affected property prepared under § 6-818 of this subtitle.
(e) Written notice by certified mail or other approved method; documentation. -(1) Notice given under this section shall be written, and shall be sent by:
(i) Certified mail, return receipt requested; or
(ii) A verifiable method approved by the Department.
(2) When giving notice to a tenant under this section, the owner shall provide
documentation of the notice to the Department in a manner acceptable to the
Department.
(3) A notice required to be given to a tenant under this section shall be sent to a
party or parties identified as the lessee in a written lease in effect for an affected
property or, if there is no written lease, the party or parties to whom the property
was rented.
(f) Notice upon transfer of legal title. -- A person who has acquired, or will acquire, an
affected property shall give the notice required under this section to the tenant of the
affected property:
(1) Before transfer of legal title; or
(2) Within 15 days following transfer of legal title.
HISTORY: 1994, ch. 114, § 1; 1997, ch, 616; 2000, ch. 453.
§ 6-821. Repairs; removal from risks; refusal of tenant; accredited supervision (MD.
CODE ANN., ENVIR. § 6-821 (2011))
(a) Removal of persons from risk; access; expenses. -(1) Whenever an owner of an affected property intends to make repairs or perform
maintenance work that will disturb the paint on interior surfaces of an affected
property, the owner shall make reasonable efforts to ensure that all persons who
are not persons at risk are not present in the area where work is performed and
that all persons at risk are removed from the affected property when the work is
performed.
(2) A tenant shall allow access to an affected property, at reasonable times, to the
owner to perform any work required under this subtitle.
(3) If a tenant must vacate an affected property for a period of 24 hours or more in
order to allow an owner to perform work that will disturb the paint on interior
surfaces, the owner shall pay the reasonable expenses that the tenant incurs
directly related to the required relocation.
(b) Refusal of tenant; owner's liability. -(1) If an owner has made all reasonable efforts to cause the tenant to temporarily
vacate an affected property in order to perform work that will disturb the paint on
interior surfaces, and the tenant refuses to vacate the affected property, the owner
may not be liable for any damages arising from the tenant's refusal to vacate.
(2) If an owner has made all reasonable efforts to gain access to an affected
property in order to perform any work required under this subtitle, and the tenant
refuses to allow access, even after receiving reasonable advance notice of the
need for access, the owner may not be liable for any damages arising from the
tenant's refusal to allow access.
(c) Accredited supervisory personnel required. -- All hazard reduction treatments
required to be performed under this subtitle shall be performed by or under the
supervision of personnel accredited under § 6-1002 of this title.
HISTORY: 1994, ch. 114, § 1.
§ 6-822. Effect of subtitle on State and local laws or housing codes; abatement
orders (MD. CODE ANN. ENVIR. § 6-822 (2011))
(a) Effect of subtitle on State and local laws and housing codes. -- The provisions of this
subtitle do not affect:
(1) The duties and obligations of an owner of an affected property to repair or
maintain the affected property as required under any applicable State or local law
or regulation; or
(2) The authority of a State or local agency to enforce applicable housing or
livability codes or to order lead abatements in accordance with any applicable
State or local law or regulation.
(b) Abatement orders generally. –
(1) Notwithstanding § 6-803 of this subtitle, following an environmental
investigation in response to a report of a lead poisoned person at risk, a local
jurisdiction may order an abatement, as defined in § 6-1001 of this title, in any
residential property.
(2) No provision of this Act may be construed to limit the treatments which may
be encompassed by an order to abate lead hazards.
(c) Conflicts in abatement orders. -- Whenever there is a conflict between the
requirements of an abatement order issued by a State or local agency to an owner of an
affected property and the provisions of this subtitle, the more stringent provisions of this
subtitle and of the abatement order shall be controlling in determining the owner's
obligations regarding the necessary lead hazard reduction treatments that shall be
performed in the affected property that is subject to the abatement order.
HISTORY: 1994, ch. 114, § 1.
§ 6-823. Lead poisoning information packet (MD. CODE ANN., ENVIR. § 6-823 (2011))
(a) Initial distribution. -- By May 23, 1996, an owner of an affected property shall give to
the tenant of each of the owner's affected properties a lead poisoning information packet
prepared or designated by the Department.
(b) Distribution on execution of lease or inception of tenancy. -- On or after February 24,
1996, upon the execution of a lease or the inception of a tenancy for an affected property
the owner of the affected property shall give to the tenant a lead poisoning information
packet prepared or designated by the Department.
(c) Subsequent biennial distributions. -- An owner of an affected property shall give to
the tenant of the affected property another copy of the lead poisoning information packet
prepared or designated by the Department at least every 2 years after last giving the
information packet to the tenant.
(d) Method of delivery. -- A packet given to a tenant under this section shall be sent by:
(1) Certified mail, return receipt requested; or
(2) A verifiable method approved by the Department.
(e) Persons to receive packet. -- The packet required to be given to a tenant under this
section shall be sent to a party or parties identified as the lessee in a written lease in effect
for an affected property or, if there is no written lease, the party or parties to whom the
property was rented.
(f) Packet upon transfer of legal title. -- A person who has acquired, or will acquire, an
affected property shall give the packet required under this section to the tenant of the
affected property:
(1) Before transfer of legal title; or
(2) Within 15 days following transfer of legal title.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616.
§ 6-824. Disclosure to prospective purchasers; transfers (MD. CODE ANN. ENVIR. § 6824 (2011))
An owner shall disclose an obligation to perform either the modified or full risk reduction
treatment to an affected property under this subtitle to any prospective purchaser of an
affected property at or prior to the time a contract of sale is executed, if:
(1) An event has occurred that requires performance of either the modified or full
risk reduction treatment to the affected property under this subtitle; and
(2) The owner will not perform the required treatment prior to the transfer of
ownership.
HISTORY: 1994, ch. 114, § 1.
§ 6-825. Compliance plan for occupied affected property (MD. CODE ANN., ENVIR. §
6-825 (2011))
(a) Application. -- A person who intends to acquire, through an arm's length transaction,
inheritance, tax sale, foreclosure, or judicially approved transfer, an occupied affected
property that is in violation of § 6-815, § 6-817, or § 6-819 of this subtitle may submit to
the Department an application for a compliance plan.
(b) Application -- Requirements. -(1) The application for a compliance plan shall:
(i) Be submitted and received by the Department at least 30 days before
transfer of legal title to the occupied affected property; and
(ii) Be on a form provided by the Department that includes, for each
occupied affected property, the following information:
1. The transferee's name, address, and telephone number;
2. The transferor's name and address;
3. A statement certifying that neither the transferee nor any officer
or director of the transferee has a current interest, either
individually or jointly, in the occupied affected property;
4. The type and scheduled date of transfer;
5. The address of the occupied affected property including, for a
multifamily-occupied affected property, each unit in the property;
and
6. Whether a person at risk resides in the occupied affected
property.
(2) The Department may require any additional information that it considers
appropriate.
(3) An application fee of $ 200 for each occupied affected property and each
occupied unit in a multifamily affected property, not to exceed $ 10,000, shall be
submitted to the Department with the application.
(c) Application -- Action upon receipt. -(1) Within 20 days of receipt of the application for a compliance plan, the
Department shall:
(i) Approve the compliance plan, in whole or in part;
(ii) Deny the compliance plan, in whole or in part; or
(iii) Request additional information.
(2) The Department may deny an application for a compliance plan for an
occupied affected property based on the following factors:
(i) Failure to submit or timely submit a complete application;
(ii) Failure to submit or timely submit information requested by the
Department;
(iii) The existence of prior violations by the transferee of the provisions of
this subtitle or applicable regulations;
(iv) Prior extension of the compliance deadline under subsection (d) of
this section for an affected property;
(v) Potential or actual harm to the environment or to human health or
safety; and
(vi) Any other factor the Department considers appropriate.
(d) Occupied affected property in which person at risk does not reside. -(1) This subsection applies to an occupied affected property in which a person at
risk does not reside.
(2) Subject to subsection (e) of this section, if an application for a compliance
plan is approved, the transferee shall file with the Department an inspection report
as proof that the risk reduction standard specified in § 6-815 of this subtitle has
been satisfied, or an inspection report in accordance with § 6-804 of this subtitle,
for each occupied affected property that has not satisfied the requirements of § 6815, § 6-817, or § 6-819 of this subtitle within the following time frames:
(i) Within 30 days after transfer of legal title for a transferee acquiring 1
occupied affected property;
(ii) Within 90 days after the transfer of legal title for a transferee acquiring
2 to 5 occupied affected properties;
(iii) Within 135 days after the transfer of legal title for a transferee
acquiring 6 to 10 occupied affected properties; or
(iv) Within 180 days after the transfer of legal title for a transferee
acquiring more than 10 occupied affected properties.
(e) Occupied affected property in which person at risk resides. -(1) This subsection applies to an occupied affected property in which a person at
risk resides.
(2) Notwithstanding the status of an application for a compliance plan, the
transferee shall file with the Department an inspection report as proof that the risk
reduction standard specified in § 6-815 of this subtitle has been satisfied, or an
inspection report in accordance with § 6-804 of this subtitle, for each occupied
affected property that has not satisfied the requirements of § 6-815, § 6-817, or §
6-819 of this subtitle within 30 days after transfer of legal title.
(f) Voiding of compliance plan unless conditions are met. -- A compliance plan for an
occupied affected property under this section is void unless within 15 days following
transfer of the occupied affected property subject to the compliance plan, the transferee
files with the Department:
(1) Documentation satisfactory to the Department of the transfer of legal title;
(2) A statement certifying that, prior to or within 15 days of transfer of legal title,
the transferee provided the tenants of the occupied properties with the notice of
tenant's rights and lead poisoning information packet required by §§ 6-820 and 6823 of this subtitle; and
(3) A statement certifying that within 15 days of transfer of legal title, the
transferee registered the occupied affected properties with the Department in
accordance with §§ 6-811 and 6-812 of this subtitle.
(g) Erroneous or incomplete information. -- If the Department determines that any
information provided in an application for a compliance plan or required in subsection (f)
of this section was erroneous or incomplete, the Department may declare the compliance
plan void in whole or in part.
(h) Obligation to comply with §§ 6-815 and 6-819. -- This section does not affect an
owner's obligation to comply with §§ 6-815 and 6-819(c) and (d) of this subtitle that
arises after legal title to the affected property is transferred.
(i) Considered compliant with §§ 6-815, 6-817 and 6-819. -- Subject to subsections (h)
and (j) of this section, if the Department approves a compliance plan, an affected property
subject to the compliance plan shall be considered in compliance with §§ 6-815, 6-817,
and 6-819 of this subtitle as of the day of the date of transfer.
(j) Noncomplaint with § 6-815. -- If the person who acquired an occupied affected
property that does not satisfy the requirements of § 6-815, § 6-817, or § 6-819 of this
subtitle fails to comply with the terms of an approved compliance plan, the affected
property shall be considered to be noncompliant with § 6-815 of this subtitle from the
date legal title to the affected property was transferred to the person.
(k) Regulations. -- The Department may adopt regulations to carry out this section.
HISTORY: 2008, ch. 444, § 1.
Part V. Qualified Offer
§ 6-826. Definitions (MD. CODE ANN., ENVIR. § 6-826 (2011))
(a) In general. -- In this part the following words have the meanings indicated.
(b) Action. -- "Action" includes a complaint, counterclaim, cross-claim, or third-party
complaint.
(c) Co-offer. -- "Co-offer" means a qualified offer which is made by or on behalf of more
than one person as provided under this part.
(d) Offeror. -- "Offeror" means a person including an insurer or other agent who makes a
qualified offer under this part.
HISTORY: 1994, ch. 114, § 1.
§ 6-827. Applicability (MD. CODE ANN., ENVIR. § 6-827 (2011))
This part applies to all potential bases of liability for alleged injury or loss to a person
caused by the ingestion of lead by a person at risk in an affected property.
HISTORY: 1994, ch, 114, § 1.
§ 6-828. Failure to give notice to owner in compliance (MD. CODE ANN., ENVIR. § 6828 (2011))
(a) Applicability. -- This section applies to an owner of an affected property who has,
with respect to the affected property, complied with the applicable requirements of §§ 6811, 6-812, 6-815, 6-817, and 6-819 of this subtitle, and has sent to the tenant the notices
required by §§ 6-820 and 6-823 of this subtitle.
(b) In general. -- A person may not bring an action against an owner of an affected
property for damages arising from alleged injury or loss to a person at risk caused by the
ingestion of lead by a person at risk that is first documented by a test for EBL of 25 mu
G/DL or more performed between February 24, 1996 and February 23, 2001, inclusive,
or 20 mu G/DL or more performed between February 24, 2001 and February 23, 2006,
inclusive, or 15 mu G/DL or more performed on or after February 24, 2006, unless the
owner has been given:
(1) Written notice from any person that the elevated blood level of a person at risk
is:
(i) Greater than or equal to 25 mu G/DL as first documented by a test for
EBL performed between February 24, 1996 and February 23, 2001,
inclusive;
(ii) Between February 24, 2001 and February 23, 2006, inclusive, an EBL
greater than or equal to 20 mu G/DL as first documented by a test for EBL
performed between February 24, 2001 and February 23, 2006, inclusive;
or
(iii) On or after February 24, 2006, an EBL greater than or equal to 15 mu
G/DL as first documented by a test for EBL performed on or after
February 24, 2006; and
(2) An opportunity to make a qualified offer under § 6-831 of this subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616; 2005, ch. 278.
Case Law:
Declaratory Judgment Improper. Declaratory judgment sought by landlord
under Lead Poisoning Prevention Program Act against tenants as a result of
alleged minor tenants’ exposure to lead poisoning was not a proper remedy. The
declaratory judgment action was precluded by a pending tort action brought by
tenants that raised the same issue. It was improper for the landlord to use a
declaratory judgment to avoid a final judgment that prevented landlord from
appealing an adverse ruling in the pending tort action. Polakoff v. Hampton, 148
Md. App. 13, 810 A.2d 1029 (2002).
Compliance with Lead Risk in Housing Act. Compliance with Act precluded
claims against rental property owners under the Consumer Protection Act for
lead-based paint poisoning; barred only if owner was in compliance with Act.
Jackson v. Dackman Co., 181 Md. App. 546, 956 A.2d 861 (2008).
§ 6-829. Availability of blood tests (MD. CODE ANN., ENVIR. § 6-829 (2011))
(a) To make offer or be designated a co-offer. -- A person who receives notice under § 6828(b)(1) of this subtitle is entitled to the results of any available prior blood lead tests of
the person at risk for the purpose of determining whether to make a qualified offer under
this subtitle and whether the qualified offer should be designated as a co-offer.
(b) On notice of local health department. -- In the event a local health department notifies
an owner of an affected property in accordance with § 6-828(b)(1) of this subtitle, the
local health department shall also provide the owner with any blood lead test results and
history of residence for the person at risk which the local health department has on
record.
HISTORY: 1994, ch. 114,§ 1.
§ 6-830. Presumption of prior lead ingestion (MD. CODE ANN., ENVIR. § 6-830
(2011))
(a) In general. -- If, between February 24, 1996 and February 23, 2001, inclusive, the
concentration of lead in a whole venous blood sample of a person at risk tested within 30
days after the person at risk begins residence or to regularly spend at least 24 hours per
week in an affected property that is certified as being in compliance with the provisions
of § 6-815 of this subtitle is greater than or equal to 25 ug/dl, or, between February 24,
2001 and February 23, 2006, inclusive, greater than or equal to 20 ug/dl, or, on or after
February 24, 2006, greater than or equal to 15 ug/dl, it shall be presumed that the
ingestion of lead occurred before a person at risk began residing or regularly spending at
least 24 hours per week in the affected property.
(b) Determination after July 1, 2006. -- On or after July 1, 2006, the EBL concentration
of lead in a blood sample shall be determined in accordance with § 6-801(f) of this
subtitle.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616; 2005, ch. 278; 2006, ch. 418.
§ 6-831. Authorized offerors; qualified offers (MD. CODE ANN., ENVIR. § 6-831
(2011))
(a) Persons authorized to make offers. -- A qualified offer may be made to a person at
risk under this part by:
(1) The owner of the affected property in which the person at risk resides or
regularly spends at least 24 hours a week;
(2) An insurer of the owner; or
(3) An agent of the owner.
(b) Designation of co-offeror. -- Upon notice to a third party, an offeror may designate
the third party as a co-offeror.
(c) Time of qualified offer; contents; requirements. -- If a qualified offer is made under
subsection (a) of this section, the qualified offer shall:
(1) Be made within 30 days after the offeror receives notice under § 6-828 of this
subtitle;
(2) Include the provisions specified in § 6-839 of this subtitle; and
(3) Satisfy the requirements of § 6-832 (a) of this subtitle.
HISTORY: 1994, ch. 114, § 1.
§ 6-832. Notice of qualified offer (MD. CODE ANN., ENVIR. § 6-832 (2011))
(a) In general. -- An offeror under § 6-831 of this subtitle shall send notice of the
qualified offer to the person at risk, or in the case of a minor, the parent or legal guardian
of the minor in the form and manner specified by the Department.
(b) Copy to local health department. -(1) An offeror under § 6-831 of this subtitle shall send a copy of the qualified
offer to the local health department in the jurisdiction where the person at risk
resides.
(2) Within 5 business days after receiving the copy of the qualified offer under
paragraph (1) of this subsection, the local health department shall personally
notify the person at risk, or in the case of a minor, the parent or legal guardian of
the minor of State and local resources available for lead poisoning prevention and
treatment.
(3) The local health department shall maintain a copy of the qualified offer in the
case management file of the person at risk.
HISTORY: 1994, ch. 114, § 1.
§ 6-833. Qualified offers where parent or legal guardian is unavailable (MD. CODE
ANN., ENVIR. § 6-833 (2011))
(a) Unavailability. -- For purposes of this section, a parent or legal guardian of a person at
risk who is a minor is unavailable if, following reasonable efforts, the offeror is unable to
locate or communicate with the parent or guardian of the minor.
(b) Filings with court. –
(1) If a parent or legal guardian of the minor is unavailable, the offeror may:
(i) Petition a court in accordance with the provisions of Title 13, Subtitle 7 of
the Estates and Trusts Article to appoint a person to respond to the offer on
behalf of the minor; and
(ii) File the qualified offer with the court.
(2) The court shall appoint a person to act on behalf of the minor within 15 days
after the date of filing of the petition.
(3) A person appointed to act on behalf of the minor shall file a response with the
court either rejecting or accepting the qualified offer within 30 days after
appointment by the court.
(4) The response of the person appointed to respond to the offer on behalf of the
minor is subject to approval by the court.
(c) Hearings. -- Within 15 days after a response to a qualified offer is filed with a court
under subsection (b)(3) of this section, the court:
(1) May hold a hearing; and
(2) Shall approve or disapprove the response to the qualified offer.
(d) Disapproval by court. -- If a court disapproves the response to the qualified offer filed
by the person acting on behalf of the minor, the court may order:
(1) That an additional response be filed on behalf of the minor; or
(2) Any action the court considers necessary and appropriate to protect the
interests of the minor.
(e) Acceptance by court. -- If the court approves a response accepting a qualified offer on
behalf of the minor, the order of the court shall designate one or more persons who shall
be responsible for and authorized to make all decisions on behalf of the minor necessary
to implement the qualified offer.
HISTORY: 1994, ch. 114, § 1.
§ 6-834. Acceptance or rejection of qualified offer (MD. CODE ANN., ENVIR. § 6-834
(2011))
(a) In general. -- A person at risk, or a parent or legal guardian of a minor who is a person
at risk, may accept or reject a qualified offer made under this part as provided in this
section.
(b) Time limitation of acceptance. -- Subject to the provisions of § 6-833 of this subtitle,
a person at risk, or a parent or legal guardian of a minor who is a person at risk, may
accept a qualified offer within 30 days after receipt of the qualified offer unless the
parties agree otherwise.
(c) Offer rejected by non-acceptance. -- Subject to the provisions of § 6-833 of this
subtitle and unless the parties agree otherwise, an offer which is not accepted within 30
days following receipt shall be deemed to have been rejected.
HISTORY: 1994, ch. 114, § 1.
§ 6-835. Release of liability on acceptance (MD. CODE ANN., ENVIR. § 6-835 (2011))
Acceptance of a qualified offer by a person at risk, or by a parent, legal guardian, or other
person authorized under § 6-833 of this subtitle to respond on behalf of a person
discharges and releases all potential liability of the offeror, the offeror's insured or
principal, and any participating co-offeror to the person at risk and to the parent or legal
guardian of the person at risk for alleged injury or loss caused by the ingestion of lead by
the person at risk in the affected property.
HISTORY: 1994, ch. 114, § 1.
§ 6-836. Protection from liability; regulatory compliance (MD. CODE ANN., ENVIR. §
6-836 (2011))
An owner of an affected property is not liable, for alleged injury or loss caused by
ingestion of lead by a person at risk in the affected property, to a person at risk or a
parent, legal guardian, or other person authorized under § 6-833 of this subtitle to respond
on behalf of a person at risk who rejects a qualified offer made by the owner or the
owner's insurer or agent if, during the period of the alleged ingestion of lead by the
person at risk, and with respect to the affected property in which the exposure allegedly
occurred, the owner:
(1) Has given to the tenant the notices required by §§ 6-820 and 6-823 of this
subtitle; and
(2) Was in compliance with:
(i) The registration provisions of Part III of this subtitle; and
(ii) The applicable risk reduction standard and response standard under §
6-815 or § 6-819 of this subtitle, and the risk reduction schedule under §
6-817 of this subtitle.
HISTORY: 1994, ch. 114, § 1; 1995, ch. 3, § 1.
§ 6-836.1. Protection from liability; regulatory compliance -- Discovery and
evidentiary hearing (MD. CODE ANN., ENVIR. § 6-836.1 (2011))
In an action in which the owner's immunity from liability under § 6-835 or § 6-836 of this
subtitle is challenged, upon motion by any party and prior to authorizing further
proceedings in the action, the court shall:
(1) Allow discovery limited solely to the issue of the owner's immunity under § 6835 or § 6-836 of this subtitle;
(2) Determine if there are any disputes of material fact as to whether the owner is
entitled to immunity under § 6-835 or § 6-836 of this subtitle;
(3) Hold an evidentiary hearing on issues of material fact as to the immunity, if
any, which shall, upon request of any party, be before a jury; and
(4) Determine as a matter of law whether the owner is entitled to immunity from
liability under § 6-835 or § 6-836 of this subtitle.
HISTORY: 2004, ch. 540, § 1.
§ 6-837. Offers of compromise (MD. CODE ANN., ENVIR. § 6-837 (2011))
A qualified offer shall be treated as an offer of compromise for purposes of admissibility
in evidence, notwithstanding that the amount is not in controversy.
HISTORY: 1994, ch. 114, § 1.
§ 6-838. Noncompliance presumes negligence (MD. CODE ANN., ENVIR. § 6-838
(2011))
(a) Presumption. -- An owner of an affected property that is not in compliance with the
provisions of Part IV of this subtitle during the period of residency of the person at risk is
presumed to have failed to exercise reasonable care with respect to lead hazards during
that period in an action seeking damages for alleged injury or loss caused by the ingestion
of lead by a person at risk in the affected property.
(b) Rebuttal of presumption. -- The owner has the burden of rebutting the presumption
established under subsection (a) of this section by a preponderance of the evidence.
HISTORY: 1994, ch. 114, § 1.
§ 6-839. Expenses and costs included in qualified offer; certification of compliance;
regulations (MD. CODE ANN., ENVIR. § 6-839 (2011))
(a) Reasonable expenses and costs. -- Whenever a qualified offer is made under this part,
the qualified offer shall include payment for reasonable expenses and costs up to the
amount specified in § 6-840 of this subtitle for:
(1) The relocation of the household of the person at risk to lead-safe housing of
comparable size and quality that may provide:
(i) The permanent relocation of the household of the affected person at
risk to lead-safe housing, including relocation expenses, a rent subsidy,
and incidental expenses; or
(ii) The temporary relocation of the household of the affected person at
risk to lead-safe housing while necessary lead hazard reduction treatments
are being performed in the affected property to make that affected
property lead-safe; and
(2) Medically necessary treatment for the affected person at risk as determined by
the treating physician or other health care provider or case manager of the person
at risk that is necessary to mitigate the effects of lead poisoning, as defined by the
Department by regulation, and, in the case of a child, until the child reaches the
age of 18 years.
(b) Reasonable medical expenses. -- An offeror is required to pay reasonable expenses for
the medically necessary treatments under subsection (a)(2) of this section if coverage for
these treatments is not otherwise provided by the Maryland Medical Assistance Program
under Title 15, Subtitle 1 of the Health - General Article or by a third-party health
insurance plan under which the person at risk has coverage or in which the person at risk
is enrolled.
(c) Certification of compliance. -- A qualified offer shall include a certification by the
owner of the affected property, under the penalties of perjury, that the owner has
complied with the applicable provisions of Parts III and IV of this subtitle in a manner
that qualifies the owner to make a qualified offer under this part.
(d) Regulations. -- The Department may adopt regulations that are necessary to carry out
the provisions of this section.
HISTORY: 1994, ch. 114, § 1.
§ 6-840. Aggregate maximum amounts payable; payment; payments not income or
asset (MD. CODE ANN., ENVIR. § 6-840 (2011))
(a) Aggregate maximum amounts payable. -- The amounts payable under a qualified
offer made under this part are subject to the following aggregate maximum caps:
(1) $ 7,500 for all medically necessary treatments as provided and limited in § 6839(a) and (b) of this subtitle; and
(2) $ 9,500 for relocation benefits which shall include:
(i) Relocation expenses;
(ii) A rent subsidy, up to 150% of the existing rent each month, for the
period until the person at risk reaches the age of 6 years, or in the case of a
pregnant woman, until the child born as a result of that pregnancy reaches
the age of 6 years; and
(iii) Incidental expenses which may be incurred by the household, such as
transportation and child care expenses.
(b) Expenses to be paid to provider; exceptions. -- All payments under a qualified offer
specified in subsection (a) of this section shall be paid to the provider of the service,
except that payment of incidental expenses as provided by subsection (a)(2)(iii) of this
section may be paid directly to the person at risk, or in the case of a child, to the parent or
legal guardian of the person at risk.
(c) Payments not income or asset. -- The payments under a qualified offer may not be
considered income or an asset of the person at risk, the parent of a person at risk who is a
child, the legal guardian, or a person who accepts the offer on behalf of a person at risk
who is a child under § 6-833 of this subtitle for the purposes of determining eligibility for
any State entitlement program.
HISTORY: 1994, ch. 114, § 1; 1995, ch. 3, § 1.
§ 6-841. Payments under qualified offer for temporary relocation; reoccupation of
affected property (MD. CODE ANN., ENVIR. § 6-841 (2011))
(a) In general. -- Payments under a qualified offer for temporary relocation shall include:
(1) Transportation expenses;
(2) The rent or per diem cost of temporary lead-safe housing;
(3) Meal expenses, if the temporary lead-safe housing does not contain meal
preparation facilities; and
(4) The cost of moving, hauling, or storing furniture or other personal belongings.
(b) Reoccupation of affected property prohibited. -- The household of the person at risk
may not reoccupy the affected property until the property has been certified as lead-safe.
HISTORY: 1994, ch. 114, § 1.
§ 6-842. Failure to comply or falsification of compliance with qualified offer; statute
of limitations (MD. CODE ANN., ENVIR. § 6-842 (2011))
(a) Failure or falsification of compliance deemed noncompliance. -- An offeror who fails
to comply with the terms of a qualified offer, or who falsely certifies compliance under §
6-839(c) of this subtitle, shall be deemed to be out of compliance with the provisions of
Part IV of this subtitle with respect to the person who is the subject of the qualified offer
for purposes of § 6-836 of this subtitle.
(b) Statute of limitations. -- The statute of limitations shall be tolled until the failure to
comply under subsection (a) of this section is discovered.
HISTORY: 1994, ch. 114, § 1.
Part VI. Lead Poisoning Prevention Fund
§ 6-843. Collection and payment of annual fee; exemptions (MD. CODE ANN., ENVIR.
§ 6-843 (2011))
(a) Collection of annual fee; exempted property; processing fees. –
(1) Except as provided in this subsection and subsection (b) of this section, and in
cooperation with the Department of Housing and Community Development, the
State Department of Assessments and Taxation, and other appropriate
governmental units, the Department shall provide for the collection of an annual
fee for every rental dwelling unit in the State.
(2) The annual fee for an affected property is $ 15.
(3) (i) Subject to the provisions of subparagraphs (ii) and (iii) of this paragraph,
on or before December 31, 2000, the annual fee for a rental dwelling unit built
after 1949 that is not an affected property is $ 5. After December 31, 2000, there
is no annual fee for a rental dwelling unit built after 1949 that is not an affected
property.
(ii) The owner of a rental dwelling unit built after 1949 that is not an
affected property may not be required to pay the fee provided under this
paragraph if the owner certifies to the Department that the rental dwelling
unit is lead free pursuant to § 6-804 of this subtitle.
(iii) An owner of a rental dwelling unit who submits a report to the
Department that the rental dwelling unit is lead free pursuant to § 6-804 of
this subtitle shall include a $ 10 processing fee with the report.
(b) Exemptions. -- The fees imposed under this section do not apply to any rental
dwelling unit:
(1) Built after 1978; or
(2) Owned and operated by a unit of federal, State, or local government, or any
public, quasi-public, or municipal corporation.
(c) Time of payment. -- The fee imposed under this section shall be paid on or before
December 31, 1995, or the date of registration of the affected property under Part III of
this subtitle and on or before December 31 of each year thereafter.
(d) Penalty for failure to pay. -- An owner who fails to pay the fee imposed under this
section is liable for a civil penalty of up to triple the amount of each registration fee
unpaid that, together with all costs of collection, including reasonable attorney's fees,
shall be collected in a civil action in any court of competent jurisdiction.
HISTORY: 1994, ch. 114, § 1; 1996, ch. 555; 1997, ch. 616; 1998, ch. 21, § 1; 2004, ch.
430, § 4.
§ 6-844. Lead Poisoning Prevention Fund (MD. CODE ANN., ENVIR. § 6-844 (2011))
(a) Establishment. -- There is a Lead Poisoning Prevention Fund in the Department.
(b) Composition. -- The Fund consists of:
(1) All fees collected and penalties imposed under this subtitle; and
(2) Moneys received by grant, donation, appropriation, or from any other source.
(c) Use of Fund. -- The Department shall use the Fund to cover the costs of fulfilling the
duties and responsibilities of the Department and the Commission under this subtitle, and
for program development of these activities.
(d) Not subject to State Finance and Procurement Article; accountings; investments. –
(1) The Fund is a continuing, nonlapsing special fund, and is not subject to § 7302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold and the State Comptroller shall account for the
Fund.
(3) The Fund shall be invested and reinvested and any investment earnings shall
be paid into the Fund.
(e) Use of certain portion of Fund. -- For each fiscal year, at least $ 750,000 of the
moneys in the Fund shall be used only for any of the following purposes:
(1) Community outreach and education programs under § 6-848 of this subtitle;
and
(2) Enforcement efforts under this subtitle.
HISTORY: 1994, ch. 114, § 1; 2004, ch. 430, § 1.
§ 6-845. Database and information collection of affected property; data availability
(MD. CODE ANN., ENVIR. § 6-845 (2011)
(a) Database. -- The Department shall establish and maintain a statewide data base which
tracks the status of affected property.
(b) Information collection. –
(1) Except as provided in paragraph (2) of this subsection, the Department may,
by regulation, require owners of affected property to provide information that the
Department considers necessary for the data base.
(2) The Department may not require the owner to provide:
(i) Information more frequently than annually;
(ii) The identities of persons or entities having an ownership interest in an
owner of an affected property who are not otherwise owners of the affected
property; and
(iii) Any financial information regarding an affected property or the owner of
an affected property, other than data on any costs that an owner has incurred
with respect to an affected property in order to comply with Part IV of this
subtitle.
(c) Use of data base. -- The data base shall be used to implement the provisions of this
subtitle.
(d) Use of standard lease form; number of copies. –
(1) An owner who uses a standard lease form may only be required to submit one
copy of that form and any alterations to, or variations from, that form.
(2) The Department may, by regulation, designate or define minor alterations and
variations to standard lease forms that do not require separate submittal.
(e) Information in public domain; exceptions. –
(1) Subject to the provisions of paragraph (2) of this subsection, the information
provided by the owner under this section shall be open to the public.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Department
may not disclose:
1. An inventory or list of properties owned by an owner; or
2. The costs that an owner has incurred with respect to an affected
property in order to comply with Part IV of this subtitle, if the information
is identified to:
A. A specific owner; or
B. A specific affected property or group of affected properties
owned by the same owner.
(ii) The Department shall, upon request, disclose whether the owner has met the
percentage of inventory requirements under § 6-817 of this subtitle.
HISTORY: 1994, ch. 114, § 1.
Part VII. Miscellaneous
§ 6-846. Notification of high blood lead to person at risk, parent and owner (MD.
CODE ANN., ENVIR. § 6-846 (2011))
(a) Notification. -- A local health department that receives the results of a blood lead test
under § 6-303 of this title indicating that a person at risk has an EBL greater than or equal
to 15 mu G/DL before February 24, 2006, or greater than or equal to 10 mu G/DL on or
after February 24, 2006, shall notify:
(1) The person at risk, or in the case of a minor, the parent of the person at risk, of
the results of the test; and
(2) The owner of the affected property in which the person at risk resides or
regularly spends at least 24 hours per week of the results of the test.
(b) Forms and content. -- The notices to be provided to the parent or owner under
subsection (a) of this section shall be on the forms prepared by the Department, and shall
contain any information required by the Department.
HISTORY: 1994, ch. 114; § 1; 2005, ch. 278.
§ 6-847. Disclosure of blood lead test results (MD. CODE ANN., ENVIR. § 6-847 (2011))
(a) Owner; authorized disclosures. –
(1) An owner who receives the blood lead test results of a person at risk under this
subtitle may not disclose those results to another person except:
(i) The insurer of the owner;
(ii) A medical doctor or other health professional with whom the owner
consults; or
(iii) An attorney of the owner or any person specified in subparagraph (i) or
(ii) of this paragraph.
(2) A person who receives blood lead test results from an owner under paragraph
(1) of this subsection may not disclose those results to any person not specified in
paragraph (1) of this subsection.
(b) Good faith disclosures; liability. -- A person who in good faith discloses or does not
disclose the results of a blood lead test to an owner under this part is not liable under any
cause of action arising from the disclosure or nondisclosure of the test results.
(c) Penalties. -- A person who violates the provisions of this section is subject to the
penalties provided in § 4-309 of the Health – General Article.
HISTORY: 1994, ch. 114, § 1.
§ 6-848. Community outreach programs; local assistance (MD. CODE ANN., ENVIR. §
6-848 (2011))
The Department shall:
(1) Develop and establish community outreach programs to high lead risk areas,
which may be implemented by the Department, local governments, or community
groups; and
(2) Assist local governments to provide case management services if necessary to
persons at risk with elevated blood lead.
HISTORY: 1994, ch. 114, § 1; 1996, ch. 555.
§ 6-848.1. Paint retailers to display information on lead paint reduction (MD. CODE
ANN., ENVIR. § 6-848.1 (2011))
(a) "Retailer" defined. -- In this section, "retailer" means any person who sells paint or
paint supplies to a consumer.
(b) Information. -- A retailer shall display a poster developed and provided by the
Department under subsection (c) of this section:
(1) Within an area in which paint or paint supplies are sold or displayed; or
(2) At each register or check-out aisle.
(c) Department to develop and provide poster. -- The Department shall develop and
provide a poster to retailers that includes the following information:
(1) The dangers and hazards of lead poisoning; and
(2) A phone number that consumers can call for assistance in lead risk reduction
and safe renovation practices.
HISTORY: 2003, ch. 445.
§ 6-848.2. Reports of noncompliance (MD. CODE ANN., ENVIR. § 6-848.2 (2011))
A local government agency shall report to the Department any known noncompliance of
an affected property with this subtitle.
HISTORY: 2003, ch. 446; 2004, ch. 540, § 2.
Part VIII. Enforcement
§ 6-849. Administrative penalties; waiver (MD. CODE ANN., ENVIR. § 6-849 (2011))
(a) Violation of certain sections of this subtitle; waiver. –
(1) The Department shall impose an administrative penalty on an owner who fails
to register an affected property by December 31, 1995 or within the time period
specified in § 6-811(a)(2) or § 6-812(b) of this subtitle or fails to renew or update
a registration as provided under § 6-812(a) of this subtitle. The administrative
penalty imposed shall be up to $ 20 per day, calculated from the date compliance
is required, for each affected property which is not registered or for which
registration is not renewed or updated.
(2) The Department shall impose an administrative penalty, not to exceed $
50,000, on any person who violates § 6-818(a)(1)(ii) or (2) of this subtitle.
(3) The penalty shall be assessed with consideration given to:
(i) The willfulness of the violation, the extent to which the existence of the
violation was known to the violator but uncorrected by the violator, and
the extent to which the violator exercised reasonable care;
(ii) The extent to which the violation resulted in actual harm to the
environment or to human health or safety;
(iii) The nature and degree of injury to or interference with general
welfare, health, and property;
(iv) The extent to which the current violation is part of a recurrent pattern
of the same or similar type of violation committed by the violator; and
(v) The extent to which the violation creates the potential for harm to the
environment or to human health or safety.
(4) On or before March 31, 2002, the Department may waive an administrative
penalty under this subsection upon a showing of hardship or provided that:
(i) The affected property is registered, the registration is renewed, or the
registration is updated;
(ii) The Department has not initiated an enforcement action for violation
of this subtitle before the date upon which the property is registered or the
registration is renewed or updated; and
(iii) All of the owner's affected properties have been brought into
compliance with this subtitle and 65% of the owner's affected properties
have been certified in compliance with the full risk reduction standards in
accordance with §§ 6-815 and 6-817(b) of this subtitle.
(b) Failure to renew or update registration deemed out of compliance. -- An owner who
fails to renew or update a registration as required under § 6-812 of this subtitle within 90
days after the date specified shall be deemed to be out of compliance with the provisions
of this subtitle, with respect to each affected property to which that renewal or update
relates, for purposes of § 6-836 of this subtitle on the 91st day after the date the renewal
or update was required.
HISTORY: 1994, ch. 114, § 1; 1997, ch. 616; 2001, ch. 707; 2005, ch. 420; 2006, ch.
398.
§ 6-850. Limitation of penalties; penalty for false verification (MD. CODE ANN.,
ENVIR. § 6-850 (2011))
(a) Limitation of penalties. -- Except as provided in § 6-849 of this subtitle, in addition to
any other remedies provided in this subtitle, the provisions and procedures of §§ 7-256
through 7-264 and 7-266(b) of this article shall be used and shall apply to enforce
violations of this subtitle, provided that the penalty imposed under § 7-266(b)(2)(i) of this
article may not exceed $ 500 per day for any violation of this subtitle.
(b) Penalty for false verification by accredited supervisor. -- If an accredited supervisor
falsely verifies that work was performed on an affected property pursuant to § 6-819(f) of
this subtitle, the owner of the affected property who employs the supervisor and who has
actual knowledge of the false verification shall be subject to a civil penalty not to exceed
$ 30,000.
HISTORY: 1994, ch. 114, § 1; 2005, ch. 278; 2006, ch. 398.
§ 6-851. Audits of work verifications; penalty (MD. CODE ANN., ENVIR. § 6-851
(2011))
(a) Audit of verification. -- The Department may audit, through a spot check or other
investigation, the verification of work performed pursuant to § 6-819(f) of this subtitle.
(b) Penalty. -- If the Department, through audits conducted within 30 days of receipt of
verification of work performed pursuant to § 6-819(f) of this subtitle, finds that the
condition of the affected property does not comport with the work that was verified by
the same contractor or supervisor, an owner of a property for which work was verified by
that contractor or supervisor within the previous year shall be required to have that
property inspected and treated as necessary to satisfy the modified risk reduction standard
under § 6-819 of this subtitle.
HISTORY: 1994, ch. 114, § 1.
§ 6-852. Spot checks of properties reported or verified as satisfying the modified risk
reduction standards (MD. CODE ANN., ENVIR. § 6-852 (2011))
(a) Authority of Department. -- The Department may, at any time, spot check affected
properties that have been reported as satisfying the risk reduction standard or verified as
satisfying the modified risk reduction standard.
(b) Failure to satisfy standards -- Reported properties. -- If a spot check pursuant to
subsection (a) of this section reveals that an affected property that has been reported as
satisfying the risk reduction standard under § 6-815 of this subtitle does not satisfy that
standard, the Department may order that the owner of the property satisfy the risk
reduction standard, as verified by an inspection conducted within 30 days of receipt of
the order.
(c) Failure to satisfy standards -- Verified properties. -- If a spot check pursuant to
subsection (a) of this section reveals that an affected property that has been verified as
satisfying the modified risk reduction standard under § 6-819 of this subtitle, but has not
been reported as satisfying the risk reduction standard under § 6-815 of this subtitle, does
not satisfy the modified risk reduction standard, the Department may order the owner of
the property to satisfy the modified risk reduction standard, as verified by an inspection
conducted within 30 days of receipt of the order.
HISTORY: 1994, ch. 114, § 1.
II. PENALTIES, ADMINISTERING AND REPORTING OF LEAD
POISONING TESTS, AND CHILDREN WITH ELEVATED BLOOD
LEAD LEVELS (MD. CODE ANN., ENVIR. § 6-301 - 304 (2011))
This law provides the reporting requirements for blood lead level testing by medical
facilities to the Department of the Environment and administrative penalties for failure to
comply with these requirements. Specifically, the law requires that local health
departments who receive blood lead test results demonstrating that a child under the age
of 6 has an elevated blood lead level greater than or equal to 15 micrograms, shall notify
the child’s parents and owner of the rental unit where the child resides.
Section 6-301. Use of lead-based paint prohibited
Section 6-302. Penalties
Section 6-303. Blood lead test reporting
Section 6-304. Case management for children with elevated blood lead levels
§ 6-301. Use of lead-based paint prohibited (MD. CODE ANN., ENVIR. § 6-301 (2011))
A person may not use lead-based paint:
(1) On any interior surface;
(2) On any exterior surface to which children commonly may be exposed;
(3) On any porch of any dwelling; or
(4) Except for a lead-based industrial paint that is applied to a household appliance, on
any article that is intended for household use.
HISTORY: An. Code 1957, art. 43, § 117A; 1982, ch. 240, § 2.
§ 6-302. Penalties (MD. CODE ANN., ENVIR. § 6-302 (2011))
(a) Fine and imprisonment. -- A person who violates any provision of § 6-301 of this
subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $
1,000 or imprisonment not exceeding 30 days or both.
(b) Administrative penalty. –
(1) A person who violates § 6-303 of this subtitle or any regulation adopted under
§ 6-303 of this subtitle is subject to an administrative penalty of up to $ 250 per
violation, not exceeding $ 10,000.
(2) The administrative penalty under this subsection shall be assessed with
consideration given to:
(i) The willfulness of the violation and the extent to which the violation
was known to the violator but uncorrected by the violator;
(ii) The extent to which the violation resulted in actual harm to human
health;
(iii) The nature and degree of injury to or interference with general welfare
and health; and
(iv) The extent to which the current violation is part of a recurrent pattern
of the same or similar type of violation committed by the violator.
(c) Separate offenses. -- Each day a violation continues constitutes a separate offense
under this section.
HISTORY: 1982, ch. 240, § 2; 2001, ch. 707.
§ 6-303. Blood lead test reporting (MD. CODE ANN., ENVIR. § 6-303 (2011))
(a) Report by medical laboratory. -(1) A medical laboratory, office, or other facility that draws blood from any child
18 years and under for analysis of blood lead levels shall obtain all information
required by the Department, including the address, date of birth, sex, and race of
the child.
(2) The medical laboratory, office, or facility drawing blood for analysis under
paragraph (1) of this subsection shall forward the information required under
paragraph (1) of this subsection with the blood to the medical laboratory that
performs blood lead level testing.
(3) A medical laboratory that performs blood lead level testing shall report to the
Department the results of blood lead level tests and the information required
under paragraph (1) of this subsection in accordance with the time frames
established by the Department.
(4) (i) In addition to the requirements of paragraph (3) of this subsection, for a
child who resides in Baltimore City, a medical laboratory shall report the results
of tests and the information required under paragraph (1) of this subsection to the
Commissioner of the Baltimore City Health Department.
(ii) The Commissioner of the Baltimore City Health Department may
report the information received under subparagraph (i) of this paragraph to
the Baltimore Immunization Registry Program.
(5) (i) If a medical laboratory that performs blood lead level testing receives a
blood sample without the information required under paragraph (1) of this
subsection, the medical laboratory shall make a written request to the medical
laboratory, office, or facility in which the blood was initially drawn for the
information required under paragraph (1) of this subsection.
(ii) If the medical laboratory, office, or facility does not provide the
information requested under subparagraph (i) of this paragraph, the
medical laboratory that performs blood lead level testing shall inform the
Department of the failure of the medical laboratory, office, or facility to
provide the information required under paragraph (1) of this subsection.
(iii) A medical laboratory that performs blood lead level testing shall
provide medical laboratories, offices, or facilities that draw blood with
referral forms that request the information required by the Department,
including the address, date of birth, sex, and race of the child.
(b) Report on results -- Authorized. -- The Department may report the results of blood
tests for lead poisoning to an immunization registry subsequently developed by the
Department of Health and Mental Hygiene.
(c) Report on results -- Required. -- The Department shall report the results of blood tests
for lead poisoning indicating an elevated blood lead level, as defined by regulation, to:
(1) The local health department in the jurisdiction where the child resides; and
(2) The Department of Health and Mental Hygiene.
(d) Regulations. -- The Department shall adopt regulations to:
(1) Govern the reporting requirements of laboratories to the Department under
subsection (a) of this section; and
(2) Provide for the reporting of information by the Department to local health
departments and the Department of Health and Mental Hygiene.
HISTORY: 1985, ch. 308; 1987, ch. 306, § 3; 1990, ch. 136; 1997, ch. 251; 2000, ch.
677; 2001, ch. 707.
§ 6-304. Case management for children with elevated blood lead levels (MD. CODE
ANN., ENVIR. § 6-304 (2011))
(a) Assistance for local governments. -- The Secretary shall assist local governments, if
necessary, to provide case management of children with elevated blood lead levels
greater than or equal to 15 micrograms per deciliter (mu G/DL).
(b) Notification. -- A local health department that receives the results of a blood test for
lead poisoning indicating that a child under 6 years of age has an elevated blood lead
level greater than or equal to 15 mu G/DL and less than 20 mu G/DL shall notify:
(1) The child's parents; and
(2) In the case of a child who lives in a rental dwelling unit, the owner of the
rental dwelling unit where the child resides.
HISTORY: 1997, ch. 521; 2000, ch. 677.
III. ACCREDITATION OF LEAD PAINT ABATEMENT SERVICES
(MD. CODE ANN., ENVIR. § 6-1001 - 1005 (2011))
This law provides accreditation requirements for contractors or supervisors engaged in
lead abatement services. Authority is delegated to the Department of Environment to
adopt regulations pertaining to accreditation of lead abatement services and the law
establishes the Lead Accreditation Fund.
Section 6-1001. Definitions
Section 6-1002. Accreditation requirement
Section 6-1003. Regulations; fees
Section 6-1004. Lead Accreditation Fund
Section 6-1005. Applicability of provisions of §§ 6-420 through 6-422 and § 7-266(b)
of this article
§ 6-1001. Definitions (MD. CODE ANN., ENVIR. § 6-1001 (2011))
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Abatement. -- "Abatement" means a set of measures designed to eliminate or reduce
lead-based paint hazards in residential, public, or commercial buildings, bridges, or other
structures or superstructures in accordance with standards established by the Department
which may include:
(1) The removal of lead-based paint and lead-contaminated dust, the containment
or encapsulation of lead-based paint, the replacement or demolition of leadpainted surfaces or fixtures, and the removal or covering of lead-contaminated
soil; and
(2) All preparation, cleanup, disposal, and postabatement clearance testing
activities associated with these measures.
(c) Lead containing substance. -- "Lead containing substance" means:
(1) Any paint, plaster, or surface encapsulation material containing more than
0.50 percent lead by weight calculated as lead metal in the dried solid or more
than 0.7 milligrams lead per square centimeter as measured by an X-ray
fluorescence analyzer; or
(2) Such other standards consistent with an applicable federal definition as the
Department may set by regulation.
(d) Person. -- "Person" includes any public or municipal corporation, or any agency,
bureau, department, or instrumentality of federal, State, or local government.
(e) Provide lead paint abatement services. -- "Provide lead paint abatement services"
means to engage in the risk assessment, inspection, or abatement of lead-containing
substances.
HISTORY: 1993, ch. 296.
§ 6-1002. Accreditation requirement (MD. CODE ANN., ENVIR. § 6-1002 (2011))
(a) In general. -- Except as provided in subsection (c) of this section, unless the person is
accredited by the Department under this subtitle, a person may not:
(1) Act as a contractor or supervisor for the purpose of providing lead paint
abatement services;
(2) Provide training to others who provide lead paint abatement services; or
(3) Engage in the inspection of lead-based paint hazards.
(b) Exceptions. -- The Department shall, by regulation, create exceptions to the
accreditation requirement for instances where the disturbance of lead-containing
substance is incidental.
(c) Worker or project designer. -- An individual who acts only as a worker or project
designer need not be accredited, but must be trained.
HISTORY: 1993, ch. 296.
Case Law:
Licenses. Lead abatement contractor’s certification from Maryland Department of
Environment was not a “license” under the statute. A contractor’s license is not
required when an individual is engaging in a profession that requires him or her to
retain standards of competency, under state or local law, as a prerequisite, and the
individual is acting within the scope of profession for which he or she is licensed.
The lead abatement contractor was not entitled to protection under the statute if he
was engaged in home improvement work and was not licensed to engage in such
work. Reisch v. State, 107 Md. App. 464, 668 A.2d 970 (1995).
Knowingly and Willful Violation. Lead abatement contractor did not knowingly
and willfully violate the home improvement licensing statue although the
defendant contractor engaged in some home improvement work. The defendant
obtained lead paint abatement certification from the state, was hired for the
purpose of lead abatement, and was aware that his company provided lead
abatement services; the business was on the list distributed by the state.
Additionally, lead abatement was not listed on the Home Improvement
Commission’s list of work for which a home improvement license was required.
Reisch v. State, 107 Md. App. 464, 668 A.2d 970 (1995).
§ 6-1003. Regulations; fees (MD. CODE ANN., ENVIR. § 6-1003 (2011))
(a) Adoption of regulations. -- The Department shall adopt regulations to carry out the
provisions of this subtitle.
(b) Contents. -- Regulations adopted under this subtitle may include:
(1) Initial and continuing standards and procedures for accreditation, including
education, training, examination, and job performance standards;
(2) Standards and procedures for renewal of accreditation;
(3) Standards and procedures for modification, suspension, or revocation of
accreditation;
(4) Different standards and procedures for different lead paint abatement services;
(5) Recognition of accreditation or similar approvals of persons by other
governmental entities; and
(6) Such other provisions as may be necessary to effectuate the purposes of this
subtitle.
(c) Review and revision to ensure continued eligibility for federal funding. -- The
Department shall review and revise its certification and other regulations under this
subtitle as necessary to ensure continued eligibility for federal funding of lead-hazard
activities in the State.
(d) Accreditation fees. -- The Department shall set reasonable fees for the accreditation of
persons who provide lead paint abatement services sufficient to cover the Department's
direct and indirect costs of administering this subtitle.
HISTORY: 1993, ch. 296.
§ 6-1004. Lead Accreditation Fund (MD. CODE ANN., ENVIR. § 6-1004 (2011))
(a) Established. -- There is a Lead Accreditation Fund.
(b) Composition. –
(1) All fees collected under § 6-1003(d) and fines and penalties imposed under §
6-1005 of this subtitle shall be deposited in the Lead Accreditation Fund.
(2) The Department may apply for and accept any funds or grants from any
federal, State, local, or private source for credit to the Fund that might assist with
development, establishment, administration, and education and enforcement
activities of the lead paint abatement services accreditation program under this
subtitle.
(c) Use. -- The Department shall use the Lead Accreditation Fund for activities by the
Department that are related to processing, monitoring and regulating the accreditation of
lead paint abatement services, and for program development of these activities.
(d) Continuing, nonlapsing special fund; accounting; investments. –
(1) The Lead Accreditation Fund shall be a continuing, nonlapsing special fund,
and is not subject to § 7-302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold and the State Comptroller shall account for the
Accreditation Fund.
(3) The Accreditation Fund shall be invested and reinvested. Any investment
earnings shall be paid into the Accreditation Fund.
HISTORY: 1993, ch. 296; 1995, ch. 3, § 1.
§ 6-1005. Applicability of provisions of §§ 6-420 through 6-422 and § 7-266(b) of this
article (MD. CODE ANN., ENVIR. § 6-1005 (2011))
Except as otherwise provided, the provisions and procedures of §§ 6-420 through 6-422
of this title and § 7-266(b) of this article shall be used and shall apply to enforce
violations of:
(1) This subtitle;
(2) Any regulations adopted under this subtitle; and
(3) Any condition of accreditation issued under this subtitle.
HISTORY: 1993, ch. 296; 2006, ch. 44, § 6.
IV. LEAD-CONTAINING CHILDREN’S PRODUCTS (MD. CODE
ANN., ENVIR. § 6-1301 - 1311 (2011))
Section 6-1301. Definitions
Section 6-1302. Scope of subtitle
Section 6-1303. Prohibition
Section 6-1304. Duties of manufacturer or importer and retailer
Section 6-1305. Violations of subtitle
Section 6-1306. Report
Section 6-1307. Penalties
Section 6-1308. Other penalties
Section 6-1309. Unfair or deceptive trade practice
Section 6-1310. Regulations
Section 6-1311. Authority of local agency
§ 6-1301. Definitions (MD. CODE ANN., ENVIR. § 6-1301 (2011))
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Child. -- "Child" means an individual who is under the age of 13 years.
(c) Children's product. –
(1) "Children's product" means a product designed or intended primarily for a
child as specified in federal law.
(2) "Children's product" does not include:
(i) Food as defined in § 21-101 of the Health – General Article; or
(ii) Any component part of a children's product that is not accessible to a child
through normal and reasonably foreseeable use and abuse of the product as
specified in federal law.
(d) Federal law. -- "Federal law" means the Consumer Product Safety Act of 2008 and
regulations adopted under the Act.
(e) Lead-containing product. -- "Lead-containing product" means a product in which any
part, component, or coating of the product contains lead or lead compounds greater than
the lesser of:
(1) 0.06% by weight of the total weight of the part, component, or coating; or
(2) The standard established under federal law regarding the permissible level of
lead in children's products.
(f) Manufacturer. -- "Manufacturer" means a person that is the brand owner of a product.
(g) Product. -- "Product" includes:
(1) Accessories and jewelry;
(2) Clothing;
(3) Decorative objects;
(4) Furniture;
(5) Lunch boxes and eating utensils;
(6) Toys; and
(7) Any other item specified by the Department in regulation.
HISTORY: 2008, ch. 483, § 1; 2009, ch. 129, § 1.
§ 6-1302. Scope of subtitle (MD. CODE ANN., ENVIR. § 6-1302 (2011))
This subtitle does not apply to:
(1) An electronic device that is in compliance with federal law;
(2) Any distribution operation or activity performed in a factory, warehouse, or
establishment, or, in the course of surface transportation, at a port facility as
defined in § 6-101 of the Transportation Article;
(3) A vehicle as defined in § 11-176 of the Transportation Article, a product or
part for use in a vehicle, or transportation equipment; and
(4) A product or material excluded by federal law.
HISTORY: 2008, ch. 483, § 1; 2009, ch. 129, § 1.
§ 6-1303. Prohibition (MD. CODE ANN., ENVIR. § 6-1303 (2011))
A person may not:
(1) Manufacture a children's product that is a lead-containing product; or
(2) Sell, offer for sale, import, or distribute, by any means, including through a
sales outlet, a catalog, or the Internet, a children's product that is a lead-containing
product.
HISTORY: 2008, ch. 483, § 1.
§ 6-1304. Duties of manufacturer or importer and retailer (MD. CODE ANN., ENVIR.
§ 6-1304 (2011))
(a) In general. -- A United States manufacturer, or if the manufacturer is not a United
States manufacturer, the importer of record, of a children's product for which a children's
product certification is required under federal law shall:
(1) Test whether the children's product is a lead-containing product by using a
testing entity qualified or certified under federal law; and
(2) If the children's product tested under item (1) of this subsection is not a leadcontaining product, issue a certificate that certifies that the children's product is
not a lead-containing product.
(b) Transmission of certificate. -- A person shall ensure that the certificate issued in
accordance with subsection (a) of this section is transmitted with the children's product to
any distributor or retailer who receives the children's product.
(c) Copy of documents. -- A manufacturer shall:
(1) Maintain a copy of any documents related to lead testing and any certificate
issued in accordance with subsection (a) of this section; and
(2) Provide a copy to the Department or any person on request.
(d) Retailer; copy of certificate. -- A retailer shall:
(1) Maintain a copy of any certificate issued in accordance with subsection (a) of
this section; and
(2) Provide a copy to the Department or any person on request.
(e) Sale of children's product without certificate prohibited; exceptions. –
(1) Except as provided in paragraph (2) of this subsection, a person may not sell
or offer for sale in the State, by any means, including transactions conducted
through a sales outlet, a catalog, or the Internet, a children's product for which
there is no certificate issued in accordance with subsection (a) of this section.
(2) Notwithstanding any other provision of this subtitle, a certificate is not
required for the sale of a used children's product at a thrift store, consignment
store, yard sale, or any other secondhand point of sale.
(f) Certificate; form and contents. -- A certificate issued in accordance with subsection (a)
of this section shall be:
(1) Based on a test of each children's product or on a testing protocol that is
established or recognized by the Department; and
(2) On a form created or approved by the Department.
HISTORY: 2008, ch. 483, § 1; 2009, ch. 129, § 1.
§ 6-1305. Violations of subtitle (MD. CODE ANN., ENVIR. § 6-1305 (2011))
(a) Written notice. -- If the Department determines that a person has violated § 6-1303 of
this subtitle, the Department shall give written notice to the person determined to have
violated § 6-1303 of this subtitle that identifies the children's product that is a leadcontaining product.
(b) Information. -- Within 15 days after receiving the written notice required under
subsection (a) of this section, the person shall send to the Department the following
information:
(1) A list of all children's products of the same style produced by the same
manufacturer;
(2) The name of the manufacturer or seller from whom the person obtained the
children's product that is a lead-containing product; and
(3) The name of each distributor or retailer to whom the person transferred the
children's product that is a lead-containing product of the same style produced by
the same manufacturer.
HISTORY: 2008, ch. 483, § 1.
§ 6-1306. Report (MD. CODE ANN., ENVIR. § 6-1306 (2011))
Within 24 hours after a person determines that the person has manufactured, sold, offered
for sale, imported, or distributed a children's product in violation of § 6-1303 of this
subtitle, the person shall submit a report to the Department in a form required by the
Department.
HISTORY: 2008, ch. 483, § 1.
§ 6-1307. Penalties (MD. CODE ANN., ENVIR. § 6-1307 (2011))
(a) Civil. –
(1) A person who violates this subtitle is subject to a civil penalty not exceeding $
1,000 per day for each violation.
(2) The civil penalty under paragraph (1) of this subsection may be assessed and
recovered in any court of competent jurisdiction.
(b) Criminal. -- A person who willfully violates any provision of this subtitle is guilty of
a misdemeanor and on conviction is subject to a fine not exceeding $ 10,000 for each
violation or imprisonment not exceeding 1 year or both.
HISTORY: 2008, ch. 483, § 1.
§ 6-1308. Other penalties (MD. CODE ANN., ENVIR. § 6-1308 (2011))
(a) Assessment of fine by Comptroller. -- In addition to any other penalty provided by
law, the Comptroller may assess against a person who violates § 6-1304(e) of this subtitle
a fine not exceeding $ 1,000 for each violation, up to a maximum of $ 50,000.
(b) Prior warnings. -- A fine assessed under subsection (a) of this section may not be
assessed until the person who committed the violation has been issued three warnings
regarding the violation.
(c) Separate violation. -- Each day on which a violation occurs or continues is a separate
violation under this section.
(d) Distribution. -- At the end of each quarter, the Comptroller shall distribute all fines
assessed under this section to the Lead Poisoning Prevention Fund in a manner
determined by the Department and the Comptroller.
HISTORY: 2008, ch. 483, § 1; 2009, ch. 60, § 5.
§ 6-1309. Unfair or deceptive trade practice (MD. CODE ANN., ENVIR. § 61309 (2011))
In addition to any other penalty provided by law, a violation of this subtitle is:
(1) An unfair or deceptive trade practice within the meaning of Title 13 of the
Commercial Law Article; and
(2) Subject to the enforcement and penalty provisions contained in Title 13 of the
Commercial Law Article.
HISTORY: 2008, ch. 483; § 1.
§ 6-1310. Regulations (MD. CODE ANN., ENVIR. § 6-1310 (2011))
The Secretary may adopt regulations to carry out the provisions of this subtitle.
HISTORY: 2008, ch. 483, § 1.
§ 6-1311. Authority of local agency (MD. CODE ANN., ENVIR. § 6-1311 (2011))
The provisions of this subtitle do not affect the authority of a local agency to enforce a
local law governing the amount of lead contained in a product if the local law is at least
as restrictive as the provisions of this subtitle.
HISTORY: 2008, ch. 483, § 1.
V. CHILDHOOD LEAD SCREENING PROGRAM (MD. CODE ANN.,
HEALTH-GEN. § 18-106 (2011))
This law established the Childhood Lead Screening Program to promote lead poisoning
screening of children residing in high-risk areas. This program is administered by the
Secretary.
§ 18-106. Lead Poisoning Screening Program (MD. CODE ANN., HEALTH-GEN. § 18106 (2011))
(a) In general. – The Secretary shall establish and administer a Lead Poisoning Screening
Program that will assure the appropriate screening of children in Maryland for lead
poisoning.
(b) Powers and duties. – The Lead Poisoning Screening Program shall:
(1) Encourage continuity of care with the child’s continuing care health care
provider;
(2) Promote timely, appropriate screening of children at risk of being poisoned by
lead;
(3) Utilize all of the payment mechanisms available to cover lead poisoning
screening, including:
(i)
Third party payments from insurers;
(ii)
The Medical Assistance Program;
(iii)
Primary care medical assistance programs established under
waiver from the federal government;
(iv)
Federally qualified and Maryland qualified community health
centers; and
(v)
Any other Medicaid reimbursement or waiver to which the State
may be entitled under this section;
(4) Target children under 6 years of age;
(5) Provide lead poisoning screening on a sliding fee scale at sites designed by
local health departments for children unable to afford lead poisoning
screening; and
(6) Employ an initial questionnaire to assess children’s exposure to potential lead
hazards, except that children residing in at risk areas identified under
subsection (c) of this section shall be screened by a blood test for lead
poisoning.
(c) Target areas. – The Secretary shall target efforts to promote and to provide blood tests
for lead poisoning in at risk areas, as identified by:
(1) Census tract and zip code information noting areas with large concentrations
of pre-1978 housing; and
(2) Highest rates of lead poisoning as evidenced by information provided to and
by the Childhood Lead Registry established and maintained by the
Department of the Environment
(d) Blood tests for children in certain areas. – In general. – The Secretary shall require
providers caring for children in areas designated as at risk for lead poisoning, as
determined under subsection (c) of this section, to administer a blood test for lead
poisoning of children:
(1) Within the time frame specified in regulations adopted by the Department; or
(2) In accordance with the guidelines of the Centers for Disease Control and
Prevention for children over age 24 months who have not received a blood
test for lead poisoning
(e) Blood tests for children in certain areas – Information for immunization registries. –
The Secretary may include information on blood testing for lead poisoning collected
under this section, § 7-403 of the Education Article, and §§ 6-303 and 6-304 of the
Environment Article on any immunization registry developed by the Department.
(f) Blood tests for children in certain areas – Objection by parent or guardian. –
(1) Subject to paragraph (2) of this subsection, this section does not require blood
testing of a child whose parent or guardian, in accordance with regulations
adopted by the Secretary, objects to the testing on the ground that it conflicts
with the parent’s or guardian’s bona fide religious beliefs and practices.
(2) Paragraph (1) of this subsection does not apply if the responses of the child’s
parent or guardian on a questionnaire furnished by the Secretary and
administered by a pediatrician indicate that the child is at high risk for lead
poisoning.
VI. CODE OF MARYLAND REGULATIONS
The Code of Maryland Regulations, Title 26, Subtitle 16, addresses
accreditation and training requirements for lead abatement contractors and
supervisors, and approved procedures for performing lead abatement
services. The Code governs the making and implementation of a qualified
offer. A Qualified Offer is an offer made by the landlord to a person at risk
with an elevated blood lead level. The owner of the rental property must
make a qualified offer within thirty days after receiving notice of an elevated
blood lead level. The tenant has thirty days to accept the qualified offer. By
accepting a qualified offer, the tenant agrees not to sue the landlord for
damages and the property owner pays to relocate the person at risk until lead
abatement is performed and pay for medical treatments related to lead
poisoning.
Title 26 Department of the Environment
Subtitle 16 Lead
Chapter 1: Accreditation and Training (MD. CODE REGS. 26.16.01 (2011))
COMAR 26.16.01.01. Scope
COMAR 26.16.01.02. Definitions
COMAR 26.16.01.02-1. Incorporation by Reference
COMAR 26.16.01.03. Applicability of this Chapter.
COMAR 26.16.01.04. Accreditation
COMAR 26.16.01.05. General Training Requirements
COMAR 26.16.01.06. Examination Requirements
COMAR 26.16.01.07. Lead Paint Abatement Worker Training Requirements
for Residential, Commercial, and Public Buildings
COMAR 26.16.01.08. Project Designer Accreditation Requirements
COMAR 26.16.01.09. Lead Paint Abatement Services Contractor
Accreditation Requirements
COMAR 26.16.01.10. Supervisor Accreditation Requirements for
Residential, Commercial, and Public Buildings
COMAR 26.16.01.11. Contractor/Supervisor Performance Standards for
Residential Buildings and Child Care Centers
COMAR 26.16.01.12. Contractor/Supervisor Performance Standards for
Commercial and Public Buildings
COMAR 26.16.01.13. Structural Steel Lead Paint Abatement Training and
Accreditation Requirements
COMAR 26.16.01.14. Lead Paint Inspector Technician Accreditation
Requirements
COMAR 26.16.01.15. Lead Paint Visual Inspector Accreditation
Requirements
COMAR 26.16.01.16. Lead Paint Risk Assessor Accreditation Requirements
COMAR 26.16.01.17. Training Provider Accreditation Requirements
COMAR 26.16.01.18. Lead Abatement Instructor Requirements
COMAR 26.16.01.19. Suspension or Revocation of Accreditation or Training
Identification Card
COMAR 26.16.01.20. Fees
Chapter 2: Reduction of Lead Risk in Housing (26.16.02. et al.)
COMAR 26.16.02.01. Scope
COMAR 26.16.02.02. Definitions
COMAR 26.16.02.02-1. Incorporation by reference
COMAR 26.16.02.03. Certificate to Verify Satisfaction of the Risk Reduction
Standard
COMAR 26.16.02.04. Certification of Lead-Safe Housing
COMAR 26.16.02.05. Certification of Housing as Lead-Free
COMAR 26.16.02.06. Issuance of Failing Certificate
COMAR 26.16.02.07. Encapsulant Coating of Lead-Based Paint
COMAR 26.16.02.08. Invalid Certificate
Chapter 3: Procedures for Making and Implementing a Qualified Offer (26.16.03. et
al.)
COMAR 26.16.03.01. Scope
COMAR 26.16.03.02. Definitions
COMAR 26.16.03.03. Transmittal of a Qualified Offer
COMAR 26.16.03.04. Qualified Offer Form
COMAR 26.16.03.05. Temporary and Permanent Relocation
COMAR 26.16.03.06. Medically Necessary Treatments
COMAR 26.16.03.07. Benefits Payable per Child
COMAR 26.16.03.08. Annual Report
COMAR 26.16.03.09. Statement of Benefits Remaining
Chapter 4: Verifiable Methods Approved by the Department (26.16.04.et al.)
COMAR 26.16.04.01. Scope
COMAR 26.16.04.02. Manner of Sending Notice
Chapter 5: Procedures for Performing Lead Abatement Services
COMAR 26.16.05.01. Scope and applicability
COMAR 26.16.05.02. Definitions
COMAR 26.16.05.03. Incorporation by Reference
COMAR 26.16.05.04. Notice to the Department
COMAR 26.16.05.05. MDE 330 Certificate
COMAR 26.16.05.06. Lead-Based Paint Inspections
COMAR 26.16.05.07. Lead-safe Housing Inspections
COMAR 26.16.05.08. Visual Inspections Performed to Verify Compliance
with Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland
COMAR 26.16.05.09. Dust Wipe Inspections Performed to Establish
Compliance with Environment Article, Section 6-815 and 6-819, Annotated
Code of Maryland
COMAR 26.16.05.10. Clearance Inspections for Abatement Projects
COMAR 26.16.05.11. Lead Risk Assessments
COMAR 26.16.05.12. Collection and Laboratory Analysis of Samples
COMAR 26.16.05.13. Record Keeping
Chapter 6: Lead in Children’s Products
COMAR 26.16.06.01. Scope
COMAR 26.16.06.02. Definitions
COMAR 26.16.06.03. Certification of Children’s Products
COMAR 26.16.06.04. Testing
COMAR 26.16.06.05. Maintenance of Documents
COMAR 26.16.06.06. Reporting of Lead Containing Products
COMAR 26.16.06.07. Sale of existing inventory
CHAPTER 01: ACCREDITATION AND TRAINING FOR LEAD PAINT
ABATEMENT SERVICES (MD. CODE REGS. 26.16.01 (2011))
MD. CODE REGS. 26.16.01.01 (2011)
.01 Scope.
This chapter establishes:
A. Requirements and standards for the accreditation of contractors, supervisors,
inspectors, project designers, and trainers providing lead paint abatement services for
residential, public, or commercial buildings, bridges, or other structures or
superstructures;
B. Job performance standards for contractors, supervisors, and other persons disturbing a
lead-containing substance in residential, public, and commercial buildings; and
C. Training requirements for workers who perform lead paint abatement services.
MD. CODE REGS. 26.16.01.02 (2011)
.02 Definitions.
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abatement" means a set of measures designed to eliminate or reduce leadbased paint hazards in residential, public, or commercial buildings, bridges, or
other structures or superstructures in accordance with standards established by the
Department, which may include:
(a) The removal of lead-based paint and lead-contaminated dust, the
containment or encapsulation of lead-based paint, the replacement or
demolition of lead-painted surfaces or fixtures, and the removal or
covering of lead-contaminated soil; and
(b) All preparation, cleanup, disposal, and post-abatement clearance
testing activities associated with these measures.
(2) "Accreditation" means recognition by the Department that a contractor,
supervisor, inspector, risk assessor, or training provider is in compliance with the
applicable requirements of this chapter.
(3) "Child care center" means a child care center as defined under COMAR
07.04.02.
(4) Contractor.
(a) "Contractor" means a company, partnership, corporation, sole
proprietorship, association, self-employed individual, or other business
entity.
(b) "Contractor" includes a public or municipal corporation, or an agency,
bureau, department, or instrumentality of federal, state, or local
government.
(5) Inspector.
(a) "Inspector" means an individual who provides a service as a lead paint
inspector technician, or lead paint visual inspector.
(b) "Inspector" does not include an individual who conducts personal air
monitoring or collects other samples to be used solely for the assessment
of worker exposures to lead.
(6) "HEPA" or "high efficiency particulate air" means a filtering system capable
of trapping and retaining at least 99.97 percent of all monodispersed particles of
0.3 micron in diameter or larger.
(7) "Lead-containing substance" means any paint, plaster, or other surface
encapsulation material containing more than 0.50 percent lead by weight
calculated as lead metal in the dried solid, or more than 0.7 milligram per square
centimeter.
(8) "Lead hazard reduction treatment" means any of the lead hazard reduction
treatments described in Environment Article, § 6-815, Annotated Code of
Maryland, or any modified lead hazard reduction treatment described in
Environment Article, § 6-819, Annotated Code of Maryland.
(9) "Lead paint abatement services" means the risk assessment, inspection, or
abatement of lead-containing substances.
(10) "Lead paint inspection contractor" means a contractor that serves as, or
employs, an inspector or lead paint risk assessor.
(11) "Lead paint inspector technician" means an individual who, as a service,
determines the presence of a lead-containing substance through the following
techniques:
(a) Use of a portable XRF analyzer;
(b) Collection of paint samples for submission to a laboratory for analysis;
(c) Collection of dust samples for submission to a laboratory for analysis;
(d) Use of chemical tests, such as sodium sulphide and sodium
rhodizonate; and
(e) Any other accepted field method or technique for determining the lead
content in paint.
(12) "Lead paint maintenance and repainting" means in-place management or
interim control of a lead-containing substance including, but not limited to, the
following activities:
(a) Removal of loose, chipping, or peeling paint;
(b) Limited replacement or repair of defective components or other
substrates;
(c) The removal and replacement of windows and related trim; or
(d) Other measures to prepare lead paint for recoating with a lead-free
product, encapsulation, or enclosure.
(13) "Lead paint removal and demolition" means a service that involves the
stripping or other removal of a lead-containing substance from a coated surface,
or the removal or demolition of components coated with a lead-containing
substance, excluding steel structures.
(14) "Lead paint risk assessor" means an individual who conducts inspections,
interprets information regarding the presence and condition of lead-containing
substances, and prepares reports characterizing hazards associated with identified
lead-containing substances.
(15) "Lead paint visual inspector" means an individual who conducts visual
inspections and collects dust samples for analysis to verify conformance with the
lead risk reduction standards of Environment Article, § 6-815 or 6-819, Annotated
Code of Maryland.
(16) "Person" means an individual, receiver, trustee, guardian, personal
representative, fiduciary, or representative of any kind and any partnership, firm,
association, corporation, or other entity.
(17) "Person at risk" means a child under 6 years old or a pregnant woman who
resides or regularly spends at least 24 hours per week in an affected property.
(18) "Project designer" means a person who develops specialized work plans for
lead paint abatement for residential properties.
(19) "Provide lead paint abatement services" means to engage in the risk
assessment, inspection, or abatement of lead-containing substances.
(20) "Residential building" means a privately or publicly owned structure,
including a house, apartment building, rooming house, hotel, motel, or hospital,
which may serve as a permanent or temporary domicile.
(21) "Structural steel" means the metallic and related structural components of an
industrial, commercial, or public structure or superstructure.
(22) "Supervisor" means an individual responsible for oversight of lead paint
abatement and lead hazard reduction treatments.
(22-1) "Third party examination" means a test required by EPA that is
administered by the Department to a student who successfully completes initial
training for any of the following lead paint abatement services:
(a) Lead paint removal and demolition supervisor;
(b) Lead paint inspector technician; or
(c) Lead paint risk assessor.
(23) "Training course" means a category of training conducted by a training
provider.
(24) Training Provider.
(a) "Training provider" means a person who conducts lead paint abatement
training courses.
(b) "Training provider" does not include an individual providing
instruction as an employee of a training provider.
(25) "Work area" means an area designated by a supervisor within which lead
paint abatement services are performed and within which lead dust and debris are
contained in accordance with Regulation .11, .12, or .13 of this chapter, as
applicable.
(26) "Worker" means an individual who, under the oversight of a supervisor,
works on a lead paint abatement.
(27) "XRF" means an X-ray fluorescence analyzer which measures the lead
content in paint and other materials.
MD. CODE REGS. 26.16.01.02-1 (2011)
.02-1 Incorporation by Reference.
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 40 CFR §745.225(d) and (e) (2003).
(2) 40 CFR §745.227 (2003).
MD. CODE REGS. 26.16.01.03 (2011)
.03 Applicability of this Chapter.
A. The presence of a lead-containing substance is presumed in any residential building
constructed before 1950 unless a person determines that all painted surfaces are lead-free
in accordance with § B of this regulation.
B. Determination of lead content in paint shall be based on:
(1) Use of an XRF by an accredited person;
(2) Analysis by a qualified laboratory of paint samples from surfaces to be
disturbed during the project;
(3) A specific knowledge of the painting history of the structure; or
(4) Other procedures approved on a case-by-case basis by the Department.
C. Lead paint abatement services shall be performed only by persons trained or
accredited under this chapter.
D. Except as provided in §§ E and F of this regulation, performance of maintenance,
repair, or renovation work involving the disturbance of a lead-containing substance in a
residential building constructed before 1950 is subject to Regulation .11C(2) and (3), and
(5)--(8) of this chapter.
E. Except for § G of this regulation and Regulation .11C(5) and (12) of this chapter,
performance of maintenance, repair, or renovation work that results in disturbances of a
lead-containing substance is excluded from the regulations of this chapter as follows:
(1) Disturbance of a lead-containing substance associated with plumbing or
electrical work that involves 3 square feet or less of surface area in a room; or
(2) Other disturbances of a lead-containing substance involving 3 square feet or
less of surface area in a room, except for window removal or replacement.
F. The following activities are not subject to the regulations of this chapter:
(1) An owner performing lead hazard reduction treatments as described in
Environment Article, § 6-815 and 6-819, Annotated Code of Maryland, in the
owner-occupied dwelling unit; or
(2) A person performing maintenance, repair, or renovation work in an owneroccupied dwelling unit.
G. The use of open flame burning for the removal of a lead-containing substance is
prohibited in residential and public buildings and child care centers.
MD. CODE REGS. 26.16.01.04 (2011)
.04 Accreditation.
A. Unless a person is accredited by the Department or trained under this chapter, the
person may not provide:
(1) Lead paint abatement services as a contractor, inspector, lead paint risk
assessor, supervisor, or worker; or
(2) Training to others who provide lead paint abatement services.
B. A person may not hire, contract, or retain a person who is not properly accredited by
the Department or trained under this chapter to provide lead paint abatement services.
C. The Department may accredit a person upon:
(1) Proper completion of an application for accreditation on a form provided by
the Department;
(2) Submission of proof that the applicant has satisfied the requirements for the
category of accreditation requested, as specified in this chapter; and
(3) Payment of the fee required by Regulation .20 of this chapter.
D. The Department may issue a certificate to each person accredited by the Department.
E. Representatives of the Commissioner of Labor and Industry who provide occupational
safety and health inspection, consultation, and training services for the Commissioner are
recognized, under Environment Article, § 6-1003(b)(5), Annotated Code of Maryland, as
accredited to perform these services.
F. The Department may recognize accreditation granted by a state other than Maryland,
or by a federal agency if:
(1) The accreditation requirements of that state or agency are equivalent to or
exceed the accreditation requirements set forth in this chapter;
(2) The person accredited by another state or federal agency has maintained
accreditation in good standing; and
(3) In the case of a contractor who is not a self-employed individual, the
contractor submits to the Department the certification required by Regulation
.09B of this chapter.
G. The Department may accredit persons who have completed training required by this
chapter before the effective date of this chapter if the:
(1) Training course satisfied the requirements of this chapter;
(2) Training provider has received accreditation from the Department; and
(3) Applicant for accreditation satisfies all other requirements for accreditation
under this chapter.
H. The Department may recognize training received in a training course accredited by a
state other than Maryland, or by a federal agency, only if the:
(1) Department determines that the requirements for the training course are
equivalent to, or exceed, the requirements set forth for the comparable category of
training in this chapter; and
(2) Training provider that offers the accredited course provides adequate evidence
to the Department regarding individuals who have successfully completed the
accredited training course.
I. The Department has the right to perform oversight inspections and audits of all lead
paint abatement services and related training.
MD. CODE REGS. 26.16.01.05 (2011)
.05 General Training Requirements.
A. An individual may not provide a lead paint abatement service unless the individual has
successfully completed the appropriate accredited training course for that service.
B. The curriculum for each training course shall be developed by the training provider in
conformance with standards included in this chapter, including all applicable topics set
forth in 40 CFR §745.225(d) and (e), and subject to approval by the Department.
C. The curriculum shall include:
(1) Required topics, as specified in this chapter;
(2) Learning activities which include lecture, demonstration of techniques and
methods, and direct, hands-on experience; and
(3) Written instructional and reference materials.
D. Each training course shall include the following core topics:
(1) Toxic effects of lead on young children, adults, and fetuses;
(2) Common sources of exposure to lead;
(3) Routes of exposure to lead;
(4) Hygiene and work practices to reduce lead exposure;
(5) Work practices necessary to minimize lead dust concentration;
(6) Containment, cleanup, and disposal of lead dust and debris;
(7) How to select, fit test, and maintain appropriate respiratory protection
equipment;
(8) Protection from common work site hazards; and
(9) Regulatory standards established by the:
(a) Maryland Department of the Environment,
(b) Maryland Occupational Safety and Health Act,
(c) Federal Environmental Protection Agency, and
(d) Federal Occupational Safety and Health Administration.
E. The hours of instruction required for each course exclude time allotted for meals and
breaks.
F. Attendance during the entire course and active participation in the hands-on activities
provided for the course are required for successful completion of a course.
G. Identification Card.
(1) An individual trained to provide a lead paint abatement service shall carry,
while engaged in the lead paint abatement service, an identification card issued by
a training provider or by the Department.
(2) Each training provider shall issue, on a form provided by the Department, an
identification card to each individual who successfully completes a training
course conducted by the training provider.
MD. CODE REGS. 26.16.01.06 (2011)
.06 Examination Requirements.
A. A training provider shall only administer examinations approved or provided by the
Department.
B. The examination for a course shall reflect each of the designated content areas for the
course and may include written, oral, and practical application components.
C. The training provider shall administer the examination for each course.
D. The Department may establish and administer a qualifying examination for instructors
for each category of training course.
E. The passing score for the instructors' examination shall be 90 percent, and the passing
score for all other examinations shall be 70 percent.
F. Third-Party Examinations.
(1) Accreditation for the following lead paint abatement service categories
requires a third-party examination after successfully completing and passing an
initial course for that particular lead paint abatement service category:
(a) Lead paint inspector technician;
(b) Lead paint risk assessor; or
(c) Lead paint removal and demolition supervisor.
(2) Before the Department may issue an accreditation certificate to a person for
each of the categories in § F(1) of this regulation, that person shall:
(a) Complete the required course for accreditation or renewal; and
(b) Attain a grade of 70 percent or greater on the applicable third-party
examination.
(3) The third-party examination may be administered by the Department or by a
person approved by the Department who is not a training provider under this
chapter.
(4) The Department may accept the results of third-party examinations conducted
under the authority of a state other than Maryland or by EPA as fulfilling the
requirements for a third-party examination.
(5) An applicant for accreditation who has not passed the third-party examination
and received a valid identification card within 6 months of receiving a course
completion certificate shall retake the appropriate course from a Maryland
accredited training provider before reapplying for accreditation from the
Department.
(6) A training provider who is accredited under provisions of this chapter may not
administer examinations to meet the requirements of this section.
MD. CODE REGS. 26.16.01.07 (2011)
.07 Lead Paint Abatement Worker Training Requirements for Residential,
Commercial, and Public Buildings.
A. General Requirements.
(1) A lead paint abatement worker shall have:
(a) Successfully completed an initial course and any review courses, as
specified in this chapter;
(b) Received an identification card, issued by the training provider as
proof of training, indicating an expiration date which is 36 months
following the completion date; and
(c) Completed the specified review course before the expiration date.
(2) A lead paint abatement worker shall have a current valid identification card,
issued by the training provider, in the worker's possession at all times when
performing lead paint abatement.
(3) The contractor and supervisor for whom a worker works shall ensure that the
worker has a current identification card or other evidence that the worker has
satisfied the training requirements of this section before employing the worker to
perform lead paint abatement services.
B. Training Requirements.
(1) Initial Lead Paint Abatement Worker Course.
(a) The initial lead paint abatement worker course shall:
(i) Provide at least 14 hours of instructional time with at least 7
hours devoted to hands-on training activity; and
(ii) Cover the core topics listed in Regulation .05 of this chapter.
(b) An individual who has successfully completed the initial lead paint
abatement worker course is considered to have completed the core topics
and 7 hours of the training required for any of the lead paint abatement
supervisor courses under Regulation .10 of this chapter.
(c) Opportunities shall be included for direct observation of, and direct
hands-on experience with, common abatement techniques and procedures.
(d) An individual who has successfully completed a worker training
course approved by the Department under provisions of COMAR
26.02.07.11 has satisfied the training requirements of this regulation,
except that the individual's training certification shall expire 36 months
from completion of the approved worker training course.
(2) The lead paint abatement worker review course shall:
(a) Provide at least 7 hours of instruction; and
(b) Cover the topics included in the initial course, with specific emphasis
on new and emerging techniques and procedures.
MD. CODE REGS. 26.16.01.08 (2011)
.08 Project Designer Accreditation Requirements.
A. General Requirements. A project designer shall have:
(1) Successfully completed the lead paint removal and demolition supervisor
course during the previous 24 months;
(2) Received, as proof of training, an identification card, issued by the training
provider, indicating an expiration date which is 24 months following the course
completion date;
(3) Completed the specified review course, passed the examination designated for
that course, and applied for renewal of accreditation before the certificate
expiration date, which is when the project designer's accreditation expires;
(4) Responsibility for oversight of a large scale lead paint abatement project and
shall ensure completion of the abatement project in compliance with the
applicable requirements of this chapter, COMAR 26.02.07, and COMAR
26.16.01; and
(5) Applied and submitted a fee to the Department for the lead paint project
designer category of accreditation under COMAR 26.16.01.20.
B. Education and Experience. A project designer shall have:
(1) A bachelor's degree in engineering, architecture, or a related profession, and 1
year experience in building construction and design or a related construction
trade, including but not limited to lead paint abatement, carpentry, painting, or
demolition; or
(2) 4 years of experience in building construction and design or a related
construction trade, including but not limited to lead paint abatement, carpentry,
painting, or demolition.
C. The review course for the project designer shall:
(1) Provide at least 7 hours of instructional time; and
(2) Cover the topics included in the initial course, with special emphasis on new
and emerging techniques, procedures, and issues.
D. Initial Course Requirements.
(1) The initial course for the project designer shall provide at least 7 hours of
instructional time in addition to the 28 hours of instructional time previously
completed during the lead paint removal and demolition supervisor course.
(2) The course shall cover the following topics:
(a) The topics required for the lead paint abatement removal and
demolition supervisor course as specified in Regulation .10 of this chapter;
(b) Analytical methods for lead paint hazard assessment;
(c) Selection and development of an effective lead paint abatement
strategy;
(d) Cost estimation for lead paint abatement;
(e) Lead paint abatement materials and equipment;
(f) Lead paint abatement regulations and guidelines;
(g) Writing lead paint abatement project specifications;
(h) Waste disposal issues; and
(i) Insurance and liability issues.
MD. CODE REGS. 26.16.01.09 (2011)
.09 Lead Paint Abatement Services Contractor Accreditation Requirements.
A. A contractor who offers to perform lead paint abatement services shall be accredited.
B. In order to be accredited, a contractor shall pay the fee in Regulation .20 of this
chapter and submit to the Department:
(1) A letter certifying that the contractor will employ, hire, or contract only with:
(a) Supervisors accredited by the Department in the area for which their
expertise is used;
(b) Workers trained in the work being performed; and
(c) Accredited inspectors and lead paint risk assessors;
(2) A letter specifying the area or areas of specialty work for which accreditation
is being sought and certifying that the contractor shall offer only those specified
services; and
(3) A certificate stating that the contractor is in good standing with the
Department of Assessments and Taxation, if the contractor is a business entity as
defined by Corporations and Associations Article, § 1-501, Annotated Code of
Maryland.
C. Except as provided in § D of this regulation, a contractor shall employ a supervisor to
oversee performance of lead paint abatement services.
D. A contractor who is a self-employed individual may perform lead paint abatement
services, if the contractor is accredited by the Department as a supervisor.
E. A contractor shall ensure that all employees comply with the requirements of
Regulations .11--.13 of this chapter, as applicable.
F. A contractor providing inspection or lead paint risk assessor services:
(1) Shall comply with all work practice standards set forth in 40 CFR §745.227
and COMAR 26.16.05 for the performance of inspections and collection of paint
and dust samples;
(2) May not have a financial interest in the contractor conducting an abatement
project for which the inspection contractor is providing services; and
(3) May not be a related party to the property owner.
G. The Department may issue a certificate with an expiration date which is 24 months
following the date of issuance to a contractor who meets the accreditation requirements
of this regulation.
H. Unless the contractor applies for renewal of accreditation before the certificate
expiration date, the contractor's accreditation expires as of that date.
I. A contractor shall ensure that its employees, agents, and representatives comply with
all applicable requirements of this chapter and COMAR 26.16.02.
MD. CODE REGS. 26.16.01.10 (2011)
.10 Supervisor Accreditation Requirements for Residential, Commercial, and Public
Buildings.
A. General Requirements.
(1) A lead paint abatement supervisor shall have:
(a) Successfully completed an initial course and passed the examination
designated for that course, as specified in this regulation; and
(b) Received, as proof of training and accreditation, an identification card
and a certificate indicating an expiration date which is 24 months
following the accreditation date.
(2) Unless the lead paint abatement supervisor has completed the specified review
course, passed the examination designated for that course, and applied for renewal
of accreditation before the certificate expiration date, the supervisor's
accreditation expires as of that date.
(3) A lead paint abatement supervisor is responsible for oversight of a lead paint
abatement project and shall ensure completion of the abatement project in
compliance with the applicable requirements of this chapter and COMAR
26.16.02.
(4) An accredited lead paint maintenance and repainting supervisor is qualified
only to provide oversight of a lead paint maintenance and repainting project.
(5) An accredited lead paint removal and demolition supervisor is qualified to
provide oversight of lead paint removal and demolition as well as lead paint
maintenance and repainting, and is only required to apply and submit a fee to the
Department for the lead paint removal and demolition category of accreditation.
B. Experience.
(1) A lead paint removal and demolition supervisor shall have at least 2 years of
experience in related construction trades, including but not limited to lead paint
abatement, carpentry, painting, or demolition.
(2) A lead paint maintenance and repainting supervisor shall have at least 6
months of experience in any of the following relevant occupations:
(a) Construction trades, including but not limited to lead paint abatement,
carpentry, painting, or demolition;
(b) Maintenance supervision; or
(c) Property management.
C. Lead Paint Removal and Demolition Supervisor Training Requirements.
(1) Initial Course.
(a) An initial lead paint removal and demolition supervisor course shall
provide at least 28 hours of instruction over at least a 4-day period.
(b) An initial lead paint removal and demolition supervisor course shall
include the following topics:
(i) The core topics listed in Regulation .05 of this chapter;
(ii) Regulations governing lead paint abatement activities and
projects;
(iii) Window replacement techniques;
(iv) Worker safety and health requirements; and
(v) Safe and effective lead paint abatement practices.
(c) A lead paint removal and demolition supervisor who, before the
effective date of this chapter has successfully completed a training
program based on the U.S. Environmental Protection Agency "Lead
Abatement Training for Contractors and Supervisors" published in July,
1992, has satisfied the training requirement set forth in this subsection and
is eligible to take an examination for accreditation in Maryland.
(2) A lead paint removal and demolition supervisor review course shall:
(a) Provide at least 7 hours of instruction; and
(b) Include all topics included in the initial course, with specific emphasis
on new and emerging techniques and procedures.
D. Lead Paint Maintenance and Repainting Supervisor Training Requirements.
(1) Initial Course.
(a) The initial lead paint maintenance and repainting supervisor course
shall provide at least 14 hours of instructional time over at least a 2-day
period.
(b) The initial lead paint maintenance and repainting supervisor course
shall cover the following topics:
(i) Core topics listed in Regulation .05 of this chapter;
(ii) Work practices and control measures necessary to minimize
lead dust concentrations, including work area preparation,
selection and performance of appropriate abatement and window
replacement techniques, daily and final cleanup, and waste
disposal;
(iii) Pertinent regulations established by the Department of the
Environment; and
(iv) Management of worker safety and health programs, including
respiratory protection and worker right-to-know programs.
(2) The lead paint maintenance and repainting supervisor review course shall:
(a) Provide at least 7 hours of instruction; and
(b) Cover the topics included in the initial course, with specific emphasis
on new and emerging techniques and procedures.
MD. CODE REGS. 26.16.01.11 (2011)
.11 Contractor/Supervisor Performance Standards for Residential Buildings and
Child Care Centers.
A. Except for performance of lead hazard reduction treatments described in Environment
Article, § 6-815 and 6-819, Annotated Code of Maryland, persons performing lead paint
abatement services shall ensure that the provision of lead paint abatement services
involving residential buildings and child care centers conforms to COMAR 26.02.07.
A-1. At least 24 hours but not more than 10 days before beginning lead paint abatement
projects for residential buildings, the contractor or supervisor shall notify the Department
of the location and anticipated start and completion dates for the projects.
B. On-Site Inspections.
(1) The accredited supervisor providing oversight for lead paint abatement
services shall, at a minimum, conduct an on-site review at the following times:
(a) At the beginning of a project to ensure that required containment
measures are in place; and
(b) During final cleanup of a project to ensure that all work has been
satisfactorily completed and that cleanup is conducted in compliance with
COMAR 26.02.07.08 or § C of this regulation, as applicable.
(2) The accredited supervisor shall be:
(a) On-site at all times; or
(b) Available by telephone, pager, or answering service and able to be
present at the work site in less than 2 hours.
C. Risk Reduction Work Practices.
(1) Notwithstanding the provisions of COMAR 26.02.07, lead hazard reduction
treatments specified in Environment Article, §6-815 or 6-819, Annotated Code of
Maryland, shall be performed in conformance with this section.
(2) A person conducting lead hazard reduction treatments may not use methods
that are prohibited under COMAR 26.02.07.03.
(3) A person conducting lead hazard reduction treatments may use any of the
following methods:
(a) Those methods authorized in COMAR 26.02.07.03 and 26.16.02.07; or
(b) Scraping of loose, chipping, or peeling paint to prepare a surface for
repainting or encapsulation, if the person:
(i) Uses adequate water to prevent airborne dust and to ensure that
dust and debris remain damp until the surface and work area can be
cleaned and the debris placed in plastic bags for disposal, and
(ii) Contains any dust and debris as required in § C(6) and (7), of
this regulation, as applicable.
(4) Except for window removal or replacement, disturbance of a lead-containing
substance involving 3 square feet or less of surface area in a room during the
performance of lead hazard reduction treatments is exempt from § C(2), (3), (6),
(7), and (12) of this regulation.
(5) Whenever repairs or maintenance work will disturb the paint on interior
surfaces of an affected property, the owner and supervisor shall make reasonable
efforts to ensure that individuals not performing work are not present in the work
area and that persons at risk are removed from the affected property when the
work is performed.
(6) If lead hazard reduction treatments involve the disturbance of paint on more
than 3 square feet of surface area within a room, or involve window removal or
replacement, the supervisor shall ensure that:
(a) All movable objects are moved:
(i) Outside of the room which contains a work area, or
(ii) To a distance of at least 3 feet from the surface on which the
work is to be performed, and covered with plastic sheeting at least
4 mils thick;
(b) Caution signs, with the words, "Caution, Lead Hazard, Keep Out" in
bold lettering at least 2 inches high, are posted in a clearly visible location
at each entrance to the work area;
(c) Dust and debris generated during the performance of a lead hazard
reduction treatment in an interior work area are contained within the work
area;
(d) Containment of dust and debris generated during performance of a lead
hazard reduction treatment in an exterior work area conforms to COMAR
26.02.07.07(B)(2);
(e) A person not subject to 29 CFR § 1926.62 with Maryland amendments
to it under COMAR 09.12.31 shall wear, when present in the work area, a
half-mask air purifying respirator equipped with HEPA filters when a heat
gun or sander is in use;
(f) In an occupied dwelling unit, the work area shall be sealed from all
other portions of the unit;
(g) In an occupied dwelling unit, if the work area includes the kitchen,
storage areas for food, dishes, and utensils shall be protected so that dust
does not reach the interior;
(h) In an unoccupied dwelling unit, the interior of storage areas for food,
dishes, and utensils shall be washed and vacuumed as provided in § C(8)
of this regulation;
(i) Nonmovable objects, such as radiators, refrigerators, stoves, and
bookcases, shall be covered with plastic sheeting at least 4 mils thick
secured in place;
(j) Floors in the work area shall be covered with plastic sheeting at least 4
mils thick secured in place; and
(k) All forced air ventilation in the work area shall be shut down and
exhaust and intake points in the work area shall be sealed.
(7) Wall-to-Wall Carpeting.
(a) During the conduct of work specified in § C(6) of this regulation, wallto-wall carpeting which remains in a room shall be protected from lead
contamination by at least one layer of plastic sheeting, at least 4 mils
thick, secured in place.
(b) If, during the performance of the lead hazard reduction treatments, the
plastic sheeting is torn or punctured, the plastic sheeting shall be
immediately repaired or replaced.
(c) Dust and debris generated during the performance of lead hazard
reduction treatments may be wrapped in the plastic sheeting and prepared
for disposal, as required under § C(9) of this regulation.
(d) The plastic sheeting shall be carefully rolled to contain all dust and
debris.
(e) Following the removal of all plastic sheeting, the carpeting shall be
thoroughly cleaned with an HEPA vacuum cleaner.
(8) Cleanup of Work Area. After completion of lead hazard reduction treatments
and other activities that may disturb lead paint in a work area, but before applying
paint or other surface coatings, the contractor or supervisor shall:
(a) Deposit all waste from painted surfaces in plastic bags, at least 4 mils
thick, and seal the bags;
(b) Vacuum dust from all surfaces in the work area, except ceilings, with a
HEPA vacuum;
(c) After HEPA vacuum cleaning, as required in § C(8)(b) of this
regulation, wash all surfaces, except the ceiling, walls, and carpeted
surfaces, with a detergent, changing the wash water at frequent enough
intervals to assure adequate cleaning; and
(d) After washing as required in § C(8)(c) of this regulation, and all
surfaces have dried, repaint, as needed, to provide smooth, intact,
cleanable surfaces.
(9) Waste Disposal.
(a) Waste from painted surfaces shall be removed before a vacant dwelling
unit is reoccupied, or not later than 72 hours after the cleanup has been
completed in an occupied dwelling unit.
(b) Transport and disposal of waste from painted surfaces shall be
conducted in such a manner as to prevent any of the waste from painted
surfaces from becoming air-borne.
(10) 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, with a
postmark or other evidence of transmittal dated not more than 2 working
days following the inspection, to the Department within 2 business days,
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, § 6851 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.
(11) Alternative Procedures.
(a) The Department may, on a case-by-case basis, allow an alternative
procedure for the performance of lead hazard reduction treatments or
modified lead hazard reduction treatments, if the contractor or supervisor
submits a written description of the alternative procedure to the
Department which demonstrates to the satisfaction of the Department that
the proposed alternative procedures provide equivalent protection of
human health and the environment.
(b) In all cases in which the Department allows the use of an alternative
procedure under § C(11)(a) of this regulation, the Department shall have
access to the work area for a 1-year period following completion of the
work to determine the continued effectiveness of the alternative procedure.
(12) Cleanup after Disturbance of a Lead-Containing Substance. A person
performing maintenance, repair, or renovation work in a residential building
constructed before 1950, that results in a disturbance of a lead-containing
substance that involves 3 square feet or less of surface area in a room, shall
remove all visible debris created as a result of that work before the person leaves
the affected property.
MD. CODE REGS. 26.16.01.12 (2011)
.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 degrees F.
E. Control of Emissions and Dust.
(1) In interior areas, before beginning any activity which may generate leadcontaining 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 leadcontaining 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. 26.16.01.13 (2011)
.13 Structural Steel Lead Paint Abatement Training and Accreditation
Requirements.
A. Structural Steel Worker Training Requirements.
(1) The general requirements for lead paint abatement worker training specified in
Regulation .07A of this chapter apply to structural steel lead paint abatement
workers.
(2) Initial Training Course Requirements.
(a) The initial structural steel worker course shall provide at least 7 hours
of instruction time.
(b) The initial course shall cover the following topics:
(i) Core topics listed in Regulation .05 of this chapter;
(ii) Control of environmental lead contamination, including
establishing and maintaining containment, and disposal of
contaminated debris;
(iii) Prevention of lead exposures, including engineering controls,
providing and maintaining ventilation in containment, hygiene, use
of personal protection clothing and equipment, and respirator
selection, maintenance, and fit testing; and
(iv) Protection from heat, falls, chemical exposures, and other
hazards associated with materials and equipment commonly
employed in lead paint removal.
(c) The course shall provide realistic demonstration of abatement
techniques and direct hands-on experience with appropriate techniques.
(3) The structural steel worker review course shall:
(a) Provide at least 7 hours of instruction; and
(b) Cover the topics included in the initial course, with specific emphasis
on new and emerging techniques and procedures.
B. Structural Steel Supervisor Accreditation Requirements.
(1) General Requirements.
(a) A structural steel lead paint abatement supervisor shall have
successfully completed an initial course and passed the examination
designated for that course.
(b) A structural steel lead paint abatement supervisor shall have received,
as proof of training, a certificate and identification card indicating an
expiration date which is 24 months following the accreditation date.
(c) Unless the structural steel lead paint abatement supervisor has
completed the specified review course, passed the examination designated
for that course, and applied for renewal of accreditation before the
certificate expiration date, the supervisor's accreditation expires as of that
date.
(d) A structural steel lead paint abatement supervisor is responsible for
oversight of any lead paint abatement project involving structural steel and
shall ensure:
(i) Compliance with all applicable regulations; and
(ii) Completion of the project in an adequate and professional
manner.
(e) A structural steel lead paint abatement supervisor shall have at least 2
years of experience in related construction trades including, but not
limited to, abrasive blasting, paint removal, and painting.
(2) Training Requirements.
(a) The initial structural steel supervisor course shall provide at least 28
hours of instruction time presented over at least a 4-day period.
(b) The initial structural steel supervisor course shall cover the following
topics:
(i) Topics listed in § A of this regulation;
(ii) Control of environmental lead contamination, including
establishing and maintaining containment, and disposal of
contaminated debris;
(iii) Worker protection, including engineering controls, hygiene,
use of personal protection clothing and equipment, and respirator
selection, maintenance, and fit testing; and
(iv) Use of current, state-of-the-art equipment and techniques used
in structural steel lead paint abatement activities.
(c) The course shall provide realistic demonstration of safe and effective
abatement procedures and direct hands-on experience with appropriate
techniques.
(d) The structural steel supervisor review course shall:
(i) Provide at least 7 hours of instruction; and
(ii) Cover all topics included in the initial course, with specific
emphasis on new and emerging techniques and procedures.
C. Structural Steel Contractor/Supervisor Performance Standards.
(1) At least 24 hours, but not more than 10 days, before beginning a lead paint
abatement involving structural steel, the contractor or supervisor shall notify the
Department of the location and anticipated start and completion dates for the
project.
(2) The contractor or supervisor shall:
(a) Prevent airborne dispersal of lead-contaminated particulate matter, in
conformance with COMAR 26.11.06.03; and
(b) Contain all wastes within the work site or in a secure storage area, and
shall dispose of all wastes in accordance with COMAR 26.13.03.
MD. CODE REGS. 26.16.01.14 (2011)
.14 Lead Paint Inspector Technician Accreditation Requirements.
A. General Requirements.
(1) A lead paint inspector technician shall have successfully completed an initial
course, as specified in this regulation, and passed the examination designated for
that course.
(2) A lead paint inspector technician shall have received, as proof of training and
accreditation, an identification card and a certificate indicating an expiration date
which is 24 months following the accreditation date.
(3) Unless the lead paint inspector technician has completed the specified review
course, passed the examination designated for that course, and applied for renewal
of accreditation before the expiration date, the lead paint inspector technician's
accreditation expires as of that date.
(4) A lead paint inspector technician who is employed by or otherwise performs
inspections for a lead paint inspection contractor shall conduct inspections to
identify and measure the lead content in paint, as specified in COMAR 26.16.05.
B. Training Requirements.
(1) Initial course.
(a) The initial lead paint inspector technician course shall provide at least
21 hours of instruction time, presented over at least a 3-day period.
(b) The initial lead paint inspector technician course shall cover the
following topics:
(i) The core topics listed in Regulation .05 of this chapter;
(ii) Methods for detecting and measuring lead in paint, dust, and
soil;
(iii) The performance of lead paint surveys;
(iv) Radiation safety and health, as required to meet radiation
licensing provisions referenced in COMAR 26.12.01.01;
(v) Lead hazard assessment, including the condition of paint,
condition of substrate, and other conditions which may contribute
to lead exposures; and
(vi) Regulatory requirements for the abatement or maintenance of
lead-containing substances.
(c) The course shall include demonstration and direct hands-on experience
in the:
(i) Operation of portable XRF analyzers;
(ii) Collection of paint chips, dust wipe samples, and other
environmental samples which indicate the presence of lead
hazards; and
(iii) Use of qualitative chemical tests.
(d) An individual who, before implementation of this regulation, has
successfully completed a training course based on the lead inspector
training course published by the U.S. Environmental Protection Agency in
April 1993, has satisfied the training required by § B of this regulation and
is eligible to take the examination for accreditation in Maryland.
(2) The lead paint inspector technician review course shall provide at least 7 hours
of instruction and shall cover topics included in the initial course, with specific
emphasis on new and emerging techniques and procedures.
(3) The examinations for both the initial and the review course shall include a
proficiency test demonstrating the performance of a well-documented survey,
using appropriate technologies.
MD. CODE REGS. 26.16.01.15 (2011)
.15 Lead Paint Visual Inspector Accreditation Requirements.
A. General Requirements. A lead paint visual inspector shall have:
(1) Successfully completed an initial course, as specified in this regulation, and
passed the examination designated for that course;
(2) Received, as proof of training, a certificate and identification card indicating
an expiration date which is 24 months following the accreditation date; and
(3) Completed the specified review course and passed the examination designated
for that course before the expiration date.
B. Training Requirements.
(1) Initial Course.
(a) The initial lead paint visual inspector course shall provide at least 14
hours of instruction time, presented over at least a 2-day period.
(b) The initial lead paint visual inspector course shall cover the following
topics:
(i) Core topics listed in Regulation .05 of this chapter;
(ii) Statutory and regulatory requirements for lead hazard reduction
treatments in rental housing;
(iii) Basic principles of housing construction, including appropriate
nomenclature for components to be recorded on inspection forms;
(iv) Sources of substrate and paint failure;
(v) Procedures for correcting substrate and paint failure;
(vi) Potential for lead exposures during and following unsafe
maintenance activities;
(vii) Methods of sampling for and measuring lead in dust; and
(viii) Documenting and reporting inspection information.
(c) The course shall include practical experience in documenting untreated
and inadequately treated sources of exposure to lead paint, lead dust, and
lead debris.
(d) For an accredited lead paint inspector technician, the initial lead paint
visual inspector course is the same as the visual inspector review course.
(2) The lead paint visual inspector review course shall provide at least 7 hours of
instruction and shall cover topics included in the initial course, with specific
emphasis on new requirements and procedures.
(3) The examinations for both the initial and the review lead paint visual inspector
courses shall include a proficiency test requiring the documentation of
observations of the conditions and appropriate repair of windows, doors, and
other architectural components of residential buildings, and proper use of dust
samples for analysis of lead content.
MD. CODE REGS. 26.16.01.16 (2011)
.16 Lead Paint Risk Assessor Accreditation Requirements.
A. General Requirements.
(1) A lead paint risk assessor shall have:
(a) Successfully completed the lead paint inspector technician course and
passed the examination designated for that course; and
(b) Received, as proof of training and accreditation, an identification card
and a certificate indicating an expiration date which is 24 months
following the accreditation date.
(2) Unless the lead paint risk assessor has completed the specified review course,
passed the examination designated for that course, and applied for renewal of
accreditation before the expiration date, the lead paint risk assessor's accreditation
expires as of that date.
(3) A lead paint risk assessor who is employed by or otherwise performs
inspections for a lead paint inspection contractor shall conduct inspections,
provide interpretation of information regarding the presence and condition of
lead-containing substances, and prepare reports characterizing hazards associated
with identified lead-containing substances specified in COMAR 26.16.05.
B. Training Requirements.
(1) The lead paint risk assessor initial course shall provide at least 14 hours of
instruction.
(2) The initial lead paint risk assessor course shall cover the following topics:
(a) Epidemiology of lead exposures;
(b) Lead toxicity;
(c) Potential relationships between observed conditions and lead
exposures;
(d) Lead paint disclosure requirements for real estate transactions;
(e) In-place management of lead paint;
(f) Remodeling and modernization; and
(g) Sampling for other sources of lead exposure found in soil and drinking
water.
(3) The lead paint risk assessor review course shall provide at least 7 hours of
instruction and shall cover topics included in the initial course, with specific
emphasis on new requirements and procedures.
C. Experience.
(1) A lead paint risk assessor shall have:
(a) Been an accredited lead paint inspector technician for at least 1 year;
and
(b) Satisfied one of the following:
(i) Conducted at least 20 lead-based paint inspections at separate
residential units, public buildings, or commercial properties; or
(ii) Conducted at least five lead-based paint inspections under
COMAR 26.16.05.09 and .10 and 15 lead dust inspections from at
least 15 separate residential units, public buildings, or commercial
properties.
(2) All documentation supporting satisfaction of this section shall include the
date, time, and site address of all required lead paint inspections and lead dust
inspections. The Department may request additional documents and information
to verify that the requirements of this chapter have been satisfied.
(3) Experience attained before the effective date of this chapter may be credited to
the experience requirements of this regulation.
MD. CODE REGS. 26.16.01.17 (2011)
.17 Training Provider Accreditation Requirements.
A. The Department may accredit a training provider separately for each training course to
be provided by that training provider. Accreditation is based on:
(1) Approval by the Department of an application submitted by the training
provider; and
(2) An audit, by the Department, of a class conducted by the training provider
implementing the curriculum included in the application.
B. Training Provider Accreditation Application Requirements.
(1) A training provider shall submit to the Department a separate application for
accreditation for each training course to be provided.
(2) The application for each training course shall include:
(a) A completed application sheet, on a form to be provided by the
Department;
(b) A curriculum, including stated learning objectives, a detailed outline of
course content which clearly indicates allocation of time for specified
topics, a description of learning activities, and a description of audiovisual
and other teaching materials;
(c) Copies of all printed instructional materials to be provided to students;
(d) A list of instructors, including a designated primary instructor, who
have been accredited under Regulation .18 of this chapter;
(e) A statement of qualifications for recognized experts who are to serve
as instructors, as specified in Regulation .18 of this chapter;
(f) A description of training facilities which are adequate to accommodate
all learning activities specified in the curriculum; and
(g) A written plan for administering examinations, providing identification
cards to students, and submittal of required training records to the
Department.
C. Requirements for Training Course Accreditation Renewal.
(1) A training provider shall submit to the Department, within 1 year of the
training course accreditation date or most recent renewal, a written request for
training course accreditation renewal.
(2) The written request for accreditation renewal shall include a statement
reflecting efforts of the training provider to maintain an up-to-date training
program and describing any changes in course curriculum.
(3) Unless the Department approves the written request for accreditation renewal
and approves an audit of a training class conducted by the training provider
implementing the curriculum with changes as indicated in the request for
accreditation renewal, the training provider's accreditation expires after 1 year.
D. Training Provider Performance Requirements.
(1) Each training provider shall maintain records of all individuals who have
successfully completed lead paint abatement training courses, to include name,
date of birth, test score, training expiration date, and individual identification
number.
(2) Records for supervisor and inspector courses shall also include each trained
individual's mailing address and telephone number.
(3) Records for each training class shall be submitted to the Department, in a
format established by the Department, within 10 working days following that
class.
(4) The training provider shall submit, for approval by the Department, proposed
changes in course faculty and substantive changes in course content.
(5) The training provider shall notify the Department at least 48 hours in advance
of each scheduled training class.
(6) The training provider shall present its courses in accordance with the
representations made on its application. Deviations from the application by the
training provider shall be approved in advance by the Department.
E. Requirements for Foreign Language Courses.
(1) A training course to be presented in a language other than English is regarded
as separate from a training provider's English language version of that training
course and requires a separate application for accreditation.
(2) Instructors for any foreign language course shall meet requirements of
Regulation .18 of this chapter and shall be fluent in the language of presentation
for the course.
(3) The training provider for a foreign language course shall provide written
instructional and reference materials in the language of presentation for the course
and shall provide to the Department written verification of the accuracy of
translations for these materials.
(4) The training provider for a foreign language course shall provide an
examination, approved by the Department, in the language of presentation for the
course.
(5) Presentation of an English language course may not be provided through an
interpreter to a non-English-speaking class.
MD. CODE REGS. 26.16.01.18 (2011)
.18 Lead Abatement Instructor Requirements.
A. Accreditation.
(1) The primary instructor and, except as provided in § B of this regulation, any
other instructor for a lead paint abatement training course, shall be currently
accredited by the Department before participating in the presentation of the
course.
(2) The Department may issue a certificate to an instructor who meets the
qualifications specified in this regulation. The certificate shall:
(a) Specify the training courses which the instructor is qualified to teach;
and
(b) Indicate an expiration date which is 12 months following the date of
the instructor accreditation examination or examinations.
(3) An instructor shall have successfully completed a course which is comparable
to that which the instructor will teach and which has been approved by the
Department.
(4) Instructor Accreditation Examination.
(a) The Department may establish a standardized instructor accreditation
examination for each category of training to be provided under these
regulations.
(b) An accredited instructor shall have successfully attained a passing
score on the instructor accreditation examination for any category of
training which the instructor is to provide.
(5) Unless the instructor has passed the examination or examinations for the
designated course or courses and has applied for renewal of accreditation before
the expiration date, the instructor's accreditation expires as of that date.
(6) Experience. An accredited instructor:
(a) Shall have documented on-site experience with lead paint abatement
projects which have been conducted in accordance with COMAR 26.02.07
or other lead paint abatement standards established by the Department;
and
(b) For a lead paint inspector technician course shall:
(i) Be an accredited lead paint inspector, and
(ii) Have at least 6 months of experience in the performance of
lead paint inspection work, using portable XRF devices and other
relevant techniques.
(7) An individual who has served as an instructor in a worker training course
approved by the Department under COMAR 26.02.07.11 satisfies the training and
experience required by § A(6) of this regulation to serve as an instructor for a lead
paint abatement worker training course.
B. Recognized Expert.
(1) Recognized experts include:
(a) A physician who is board-certified in occupational medicine or who
has demonstrated equivalent experience;
(b) A certified occupational health nurse;
(c) A certified industrial hygienist;
(d) A registered environmental sanitarian;
(e) An accredited lead paint abatement services contractor;
(f) An accredited lead paint risk assessor;
(g) A certified safety professional; or
(h) Other professionals approved on a case-by-case basis by the
Department.
(2) A recognized expert may serve as an instructor in an accredited course under
the direction of an accredited instructor.
(3) A recognized expert may teach only those topics corresponding with the
specified areas of expertise.
MD. CODE REGS. 26.16.01.19 (2011)
.19 Suspension or Revocation of Accreditation or Training Identification Card.
A. The Department may suspend or revoke the accreditation or training identification
card of a person accredited or trained under provisions of this chapter if the person:
(1) Misrepresents or falsifies, to the Department, to a client, or to a customer,
facts relating to lead paint abatement services;
(2) Fails at any time to meet the qualifications for accreditation or training
established in this chapter;
(3) Violates provisions of this chapter or other applicable regulatory requirements;
(4) Is determined by the Department or another competent regulatory authority to
be negligent or incompetent in performing lead paint abatement services;
(5) Issues or uses false or altered accreditation, certificates or training
identification cards;
(6) As a training provider or an instructor, is determined at any time by the
Department to provide inaccurate information or inadequate training; or
(7) Performs an activity at a job site, requiring accreditation or training, without
being in physical possession of a current accreditation certificate or training
identification card.
B. The Department may send notice of the revocation or suspension of a person's
accreditation or training identification card to the person by certified mail. The person
may, within 10 days after receipt of the notice, request a hearing. If the Department
receives a timely request, the Department shall hold a hearing in accordance with State
Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
C. Emergency Suspension.
(1) The Department may immediately suspend the accreditation or training
identification card of a person accredited or trained under provisions of this
chapter on a finding that the public health, safety, or welfare requires emergency
action.
(2) The Department shall deliver a written notice to the person that:
(a) Informs the person of the emergency suspension;
(b) Cites the regulation or regulations with which the person has failed to
comply that is the basis for the emergency suspension; and
(c) Notifies the person of the right to request a hearing.
(3) The filing of a hearing request does not stay the emergency action.
(4) When an accreditation or training identification card is immediately
suspended, the person shall immediately:
(a) Return the accreditation or training identification card to the
Department; and
(b) Stop providing lead paint abatement services.
(5) A person aggrieved by the action of the Department under this regulation may
appeal the Department's action by filing a request for a hearing within 30 days of
the delivery of the notice.
(6) The Secretary's designee shall conduct a hearing within 7 calendar days of the
request for a hearing and issue a proposed decision within 10 business days of the
close of the hearing record.
(7) Exception may be filed by an aggrieved person under COMAR 26.01.02.
(8) The Secretary shall make a final decision under COMAR 26.01.02.
MD. CODE REGS. 26.16.01.20 (2011)
.20 Fees.
A. Fees shall be deposited in the Lead Accreditation Fund.
B. Payment of fees under this subtitle shall be in the form of a personal check, cashier's
check, or money order made payable to the Lead Accreditation Fund.
C. Accreditation fees may not be imposed on the following:
(1) A State or local government;
(2) An employee of a State or local government providing a lead paint abatement
service on behalf of that government; or
(3) A nonprofit training program.
D. An applicant for accreditation to provide a lead paint abatement service shall submit
an application fee in accordance with the following schedule:
Service
(1) Lead paint abatement services contractor-(2) Lead paint removal and demolition supervisor-(3) Lead paint maintenance and repainting supervisor-(4) Lead paint inspector technician-(5) Lead paint visual inspector-(6) Lead paint risk assessor-(7) Project designer-(8) Structural steel supervisor-(9) Training provider-(10) Third-party certification examination fee *
Application Fee
$250
150
125
125
125
200
150
150
300
35.
*Only applies to removal and demolition supervisors, inspector technicians, and risk
assessors.
E. The renewal fee for each accreditation category is the same as the initial application
fee and the applicant shall submit the fee with the application for renewal of
accreditation.
F. A self-employed individual who is accredited as a supervisor, inspector, or risk
assessor under the provisions of this chapter is a contractor for the purposes of this
chapter and is exempt from paying the lead paint abatement services contractor
application fee.
CHAPTER 02: REDUCTION OF LEAD RISK IN HOUSING (MD. CODE REGS.
26.16.02 (2011))
MD. CODE REGS. 26.16.02.01 (2011)
.01 Scope.
This chapter establishes requirements and standards for the maintenance and inspection
of residential rental properties.
MD. CODE REGS. 26.16.02.02 (2011)
.02 Definitions.
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 26.16.01.02B(7).
(6) "Lead-contaminated dust" means dust with a lead content equal to or greater
than:
(a) 40 micrograms per square foot in dust collected from a floor;
(b) 250 micrograms per square foot in dust collected from a window sill;
or
(c) 400 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. 26.16.02.02-1 (2011)
.02-1 Incorporation by Reference.
The U.S. Department of Housing and Urban Development Guidelines for the Evaluation
and Control of Lead-Based Paint Hazards in Housing (June 1995 edition), Chapter 7:
Lead-Based Paint Inspection (1997 Revision) is incorporated by reference.
MD. CODE REGS. 26.16.02.03 (2011)
.03 Certificate to Verify Satisfaction of the Risk Reduction Standard.
A. The owner of a rental property may choose to verify compliance with the risk
reduction standard of Environment Article, §6-815 or 6-819, Annotated Code of
Maryland, by either:
(1) An inspection for lead-contaminated dust, as specified in § B of this
regulation, if no interior or exterior surfaces of the affected property have
chipping, peeling, or flaking paint; or
(2) A visual inspection, as specified in § C of this regulation, to verify compliance
with required lead hazard reduction treatments.
B. Inspection for Lead-Contaminated Dust.
(1) To satisfy the risk reduction standard of Environment Article, § 6-815 or 6819, Annotated Code of Maryland, an accredited lead paint visual inspector or
lead paint risk assessor may issue a certificate of satisfactory lead dust inspection
following the laboratory analysis of dust samples that meet the levels in
Regulation .02B(6) of this chapter.
(2) The dust samples shall have been collected during an inspection by an
accredited lead paint visual inspector or accredited lead paint risk assessor.
(3) The visual inspector or lead paint risk assessor shall follow procedures as
specified in COMAR 26.16.05.
(4) If the lead paint visual inspector or lead paint risk assessor identifies chipping,
flaking, or peeling paint, a failing certificate shall be issued unless the property
has passed a reinspection within 30 calendar days of the initial inspection.
(5) If no chipping, flaking, or peeling paint is identified during the visual review,
the lead paint visual inspector or lead paint risk assessor shall:
(a) Select dust sample locations which best characterize the potential for
lead exposure within a dwelling unit;
(b) Collect dust samples from the dwelling unit as follows:
(i) From each room in which there is no window, at least one dust
sample shall be collected from the floor;
(ii) From each room in which there is at least one window that is
not a lead-free replacement window, at least two dust samples shall
be collected, one of which shall be collected from the window well
of a window that is not lead-free and one of which shall be from a
window sill or the floor;
(iii) From each room in which all windows are lead-free
replacement windows, there shall be at least one dust sample
collected from either a window sill or the floor.
(6) The lead paint inspection contractor shall issue a certificate, either passing or
failing, for every inspection performed.
(7) The lead paint inspection contractor shall submit a copy of the passing
certificate, with a report of all inspection results, laboratory analysis, and all
supporting documents to the Department and the property owner, within 10
calendar days following receipt of the laboratory analysis of the dust samples.
(8) The lead paint inspection contractor shall submit a copy of the failing
certificate, with a report of all inspection results, laboratory analysis, and all
supporting documents to the Department and the property owner, within 30
calendar days following receipt of the laboratory analysis of the dust samples
unless the property or unit has passed a reinspection within 30 calendar days of
the initial inspection.
(9) If the property owner has elected to meet the risk reduction standard by
passing the test for lead-contaminated dust, the Department may inspect the
property for chipping, flaking, or peeling paint and collect, in the performance of
a spot check or other investigation authorized by Environment Article, §6-851 or
6-852, Annotated Code of Maryland, dust samples for laboratory analysis to
confirm that the risk reduction standard has been satisfied.
(10) If the property fails to meet the risk reduction standard for the dust test upon
an inspection or re-inspection, the property owner may perform the HEPA
vacuum and detergent wash required by COMAR 26.16.01.11 in the room from
which the failed dust sample was collected and retest that room in accordance
with § B(5) of this regulation.
(11) The lead paint inspection contractor shall provide 24-hour advance notice to
the Department that a dust test will be performed.
(12) The property owner shall obtain, record, and maintain the following
information regarding any contractors, supervisors, or workers that performed or
supervised a lead hazard reduction treatment on the property owner's property:
(a) Names and accreditation numbers for all contractors and supervisors;
and
(b) Names of all workers.
(13) Upon request by the Department, a property owner shall provide the
Department with copies of the records required in § B(12) of this regulation.
C. Visual Inspection.
(1) An accredited lead paint visual inspector or lead paint risk assessor may
conduct a visual inspection to certify compliance with the risk reduction standard
of Environment Article, §6-815 or 6-819, Annotated Code of Maryland.
(2) An accredited lead paint inspection contractor may issue a certificate of
compliance with the risk reduction standard based on:
(a) A visual inspection of all interior and exterior surfaces of the dwelling
unit that establishes performance of all applicable lead hazard reduction
treatments required by Environment Article, § 6-815 or 6-819, Annotated
Code of Maryland; and
(b) Receipt of a statement, signed by the supervisor overseeing
performance of the lead hazard reduction treatments, that all lead hazard
reduction treatments were conducted in accordance with the requirements
of Environment Article, §6-815 or 6-819, as applicable, and COMAR
26.16.01.11.
(3) The visual inspector or lead paint risk assessor shall follow all procedures
specified in COMAR 26.16.05.
(4) The lead paint inspection contractor shall attach to the certificate of
compliance:
(a) A report of all observations regarding the maintenance and cleaning
status of the unit recorded during the inspection; and
(b) The statement required in § C(2)(b) of this regulation, signed by the
responsible supervisor.
(5) The property owner shall obtain, record, and maintain the following
information regarding any contractors, supervisors, or workers that performed or
supervised any lead hazard reduction treatment:
(a) Names and accreditation numbers of all contractors and supervisors;
(b) Names of all other workers.
(6) Upon request by the Department, a property owner shall provide the
Department with copies of the records required in § C(5) of this regulation.
(7) The lead paint inspection contractor shall submit a copy of the certificate of
compliance, with a completed copy of the inspection report, to the Department
within 10 calendar days following an inspection.
D. Lead Certificate Inventory Sheet.
(1) All lead paint inspection contractors shall maintain a list of all certificates they
have received from the Department, on a form prescribed by the Department.
(2) Upon request by the Department, an inspector shall provide the Department
with a copy of the completed lead certificate inventory sheet required by § D(1) of
this regulation.
MD. CODE REGS. 26.16.02.04 (2011)
.04 Certification of Lead-Safe Housing.
A. An accredited lead paint inspection contractor may issue a certificate of lead-safe
housing following an inspection that:
(1) Establishes compliance with the risk reduction standard as specified in
Environment Article, §6-815, Annotated Code of Maryland;
(2) Incorporates the lead dust sample location methods set forth in § B(3) of this
regulation; and
(3) Verifies that all windows are either lead-free or have been treated so that all
friction surfaces are lead-free.
B. Inspection for Lead-Contaminated Dust for Certification of Lead-Safe Housing.
(1) The dust samples for an inspection of lead-contaminated dust for certification
of lead-safe housing shall be collected during an inspection by an accredited lead
paint visual inspector or accredited lead paint risk assessor.
(2) The accredited lead paint visual inspector or risk assessor shall follow the lead
dust sample collection techniques set forth in COMAR 26.16.05.09.
(3) Selection of Surfaces for Dust Samples. The lead paint visual inspector or risk
assessor shall:
(a) Select dust sample locations which best characterize the potential for
lead exposure within a dwelling unit, to include activity areas for children;
(b) Collect at least one dust sample from each room in a dwelling unit as
follows:
(i) From each room in which there is no window, at least one
sample shall be collected from the floor;
(ii) From each room in which there is at least one window, at least
three samples shall be taken, including one each from a window
well, a window sill, and the floor.
C. Within 10 calendar days following receipt of all required laboratory analyses for dust
samples collected during an inspection, the inspection contractor shall submit a copy of
the certificate, with a report of all inspection results, to the Department.
MD. CODE REGS. 26.16.02.05 (2011)
.05 Certification of Housing as Lead-Free.
A. An accredited lead paint inspection contractor may issue a certificate of lead-free
housing after an inspection that verifies that all painted interior and exterior surfaces of
an affected property meet Regulation .02B(7) of this chapter.
B. An accredited lead paint inspection contractor may issue a certificate of limited leadfree housing after an inspection that verifies that all painted interior and exterior surfaces
of an affected property meet the provisions of Regulation .02B(10) of this chapter.
C. Term Defined. In § D of this regulation, "common area" means stairways, hallways,
entrance areas, recreation areas, laundry areas, and garages or other similar areas within a
multifamily rental dwelling that are common to individual dwelling units and are
accessible to tenants.
D. An affected property that is a multiunit building or multibuilding complex having ten
or more dwelling units may be certified to be lead-free based on testing of less than all
dwelling units, common areas, and exterior surfaces if:
(1) The building or complex is demonstrated to be of uniform construction or
painting history;
(2) Selection of dwelling units, common areas, and exterior surfaces to be tested
is based on an accepted technique for generating and assigning random numbers
to produce an unbiased sample;
(3) The determination of the minimum number of dwelling units, common areas,
and exterior surfaces to be tested is in accordance with Table 7.3: Number of
Units to be Tested in Multifamily Developments, found in the U.S. Department of
Housing and Urban Development Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards in Housing, Chapter 7; Lead-Based Paint Inspection
(1997 Revision);
(4) The following procedures are performed for the selected dwelling units,
common areas, and exterior surfaces in the building or complex:
(a) Identify all testing combinations in each room equivalent;
(b) Obtain at least one XRF reading or paint sample analysis for each
testing combination in each room equivalent;
(c) Obtain at least one XRF reading or paint sample analysis for each wall
in each room equivalent;
(d) Record each XRF reading or paint sample analysis for each testing
combination in a format approved by the Department;
(e) Classify each testing combination as positive or negative for the
presence of lead-based paint;
(f) Aggregate data according to component type in a format approved by
the Department; and
(g) Do one of the following:
(i) Test at least 40 testing combinations of a given component type;
(ii) For multiunit buildings or multibuilding complexes with less than 40
components of a given component type, test all of that component type; or
(iii) Treat a component type as positive for the presence of lead based
paint in the entire multiunit building or multibuilding complex;
(5) The following conditions are met for each component type:
(a) If 5 percent or greater of a component type test positive for lead-based
paint:
(i) Remove lead-based paint from all components of that
component type; or
(ii) Test all of that component type and remove lead-based paint
from each component that tests positive for lead-based paint; and
(b) If less than 5 percent of a component type test positive for lead-based
paint:
(i) Remove lead-based paint from all components of that
component type; or
(ii) Conduct a second random sample of that component type in
previously untested dwelling units, common areas, or exterior
surfaces, and if less than 2.5 percent of the combined test results
are negative for lead-based paint, remove lead-based paint from
every component type that tests positive for lead-based paint.
E. A property owner may confirm any positive XRF reading by laboratory analysis of a
paint sample, reporting the result in milligrams per square centimeter.
F. An affected property that is a multiunit building or multibuilding complex having ten
or more dwelling units may be certified to be limited lead-free based on testing of less
than all dwelling units if the:
(1) Interior surfaces comply with § D of this regulation; and
(2) Exterior surfaces comply with Regulation .02B(10)(b)--(d) of this chapter.
G. Factory-Applied Coatings.
(1) An affected property in which lead-based paint is detected only in factoryapplied coatings of metal components may be certified to be lead-free.
(2) The inspector technician or risk assessor shall indicate the presence of factoryapplied lead-based paint on metal components in the inspection report.
H. An accredited lead paint inspector technician or an accredited lead paint risk assessor
shall conduct the inspection for lead content in paint.
I. Determination of lead content in paint for each tested interior and exterior surface of an
affected property shall be based on either laboratory analysis of paint for lead or analysis
by a portable XRF in accordance with COMAR 26.16.01.02B(7).
J. The conduct of the inspection for lead content in paint shall follow procedures included
in the lead paint inspection contractor's approved protocol, as required by COMAR
26.16.01.09.
K. Surfaces of an affected property are lead-free when:
(1) Each painted surface is determined to be lead-free based upon either
laboratory analysis or XRF analysis of paint for lead; or
(2) Lead paint has been fully removed and lead paint removal is verified by a
visual inspection by an accredited inspector or risk assessor before the surface is
repainted or covered, and applicable requirements of COMAR 26.02.07 are met.
L. Within 10 days of issuing a certificate, the inspection contractor shall submit to the
Department a copy of the certificate with a summary report of inspection results to
include:
(1) The number of XRF testing locations recorded, and a summary of XRF testing
results;
(2) The number of paint samples submitted for laboratory analysis and a summary
of laboratory results, including confirmation of inconclusive XRF results;
(3) A list of exterior components from which paint has been removed under § K
of this regulation;
(4) For a multiunit building or complex in which the units were randomly
sampled under this regulation, the following information in a format approved by
the Department:
(a) A list of all tested dwelling units and other interior surfaces; and
(b) An itemized list of all rental dwelling units that are subject to either the
lead-free or limited lead-free certificate; and
(5) A statement that reads "This certification of housing as lead-free is based on
testing for lead paint to satisfy the requirements of Environment Article, §6-804,
Annotated Code of Maryland. This is not a warranty that the building is free of
lead hazards."
M. The inspection contractor shall maintain a full report recording all inspection results
for an affected property certified to be lead-free under this regulation for a period of 5
years following issuance of the certificate, and shall provide a copy of this report to the
Department upon request by the Department.
MD. CODE REGS. 26.16.02.06 (2011)
.06 Issuance of Failing Certificate.
A. If an inspection demonstrates that a unit has not been brought into compliance with the
applicable standards under Environment Article, §6-804, 6-815, or 6-819, Annotated
Code of Maryland, the unit is considered to have failed the inspection and a failing
certificate shall be issued.
B. If a unit fails inspection, the lead paint inspection contractor shall submit a copy of the
failing certificate to the Department within 30 calendar days following the inspection or
receipt of the laboratory analysis of dust samples.
MD. CODE REGS. 26.16.02.07 (2011)
.07 Encapsulant Coating of Lead-Based Paint.
A. Application of an encapsulant coating used to meet risk reduction standards under
Environment Article, §6-815(a)(2)(iv) or 6-819(a)(4), Annotated Code of Maryland, shall
conform to the standards of this regulation.
B. An encapsulant coating using fiberglass mats shall:
(1) Fully cover the surface which contains lead-based paint; and
(2) Be secured at all edges.
C. The use of encapsulant coating with any product which does not include a fiberglass
mat may be approved by the Department on a case-by-case basis.
D. Continued Inspection and Maintenance Requirements.
(1) The owner shall conduct and document a visual inspection of each encapsulant
coated surface within 1 year following the issuance of the certificate, and annually
after that, to determine the presence of any defect in the encapsulant coating
materials.
(2) The owner shall promptly repair any defect in the encapsulant coating
materials which is reported to the owner or which is observed during the owner's
inspection.
MD. CODE REGS. 26.16.02.08 (2011)
.08 Invalid Certificate.
A. A certificate is invalid if the inspector or risk assessor is not accredited at the time it is
issued.
B. A certificate issued by an accredited inspector or risk assessor following procedures
set forth in the lead paint inspection contractor's approved protocols, as required by
COMAR 26.16.01.09, may be invalidated by the Department if:
(1) The accreditation of the lead paint inspection contractor had expired before the
issuance of the certificate; and
(2) Application for renewal was not submitted to the Department in a timely
manner.
CHAPTER 03: PROCEDURES FOR MAKING AND IMPLEMENTING A
QUALIFIED OFFER (MD. CODE REGS. 26.16.03 (2011))
MD. CODE REGS. 26.16.03.01 (2011)
.01 Scope.
This chapter governs the making and implementation of a qualified offer under
Environment Article, Title 6, Subtitle 8, Part V, Annotated Code of Maryland.
MD. CODE REGS. 26.16.03.02 (2011)
.02 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Permanent relocation" means a relocation of the household of a person at risk
with elevated blood lead to a lead-safe dwelling without intent to return the
household to the dwelling unit in which the person at risk resided when the
qualified offer was made.
(2) "Responder" means an individual authorized to accept or reject a qualified
offer as a person at risk or on behalf of a person at risk.
(3) "Temporary relocation" means a relocation of the household of a person at risk
with elevated blood lead to a lead-safe dwelling unit during an interim period with
the intent to move the household to a permanent lead-safe dwelling unit as
provided in COMAR 26.16.02.
MD. CODE REGS. 26.16.03.03 (2011)
.03 Transmittal of a Qualified Offer.
A. A qualified offer shall be made to the responder on the qualified offer form required
by the Department as provided in Regulation .04 of this chapter.
B. The offeror shall submit two signed copies of the qualified offer to the responder and
shall submit one copy to the local health department.
C. The Department shall make the qualified offer form available in English and any other
language that the Department considers necessary.
D. The qualified offer shall be delivered to the responder by a verifiable method as
provided in COMAR 26.16.04.
E. Within 10 days following receipt of the responder's acceptance of the qualified offer,
the offeror shall submit a copy of the fully executed qualified offer to the local health
department.
MD. CODE REGS. 26.16.03.04 (2011)
.04 Qualified Offer Form.
Someone in Your Home Has a High Blood Lead Level -- What are Your Rights?
Recently, you and your landlord received a notice from the local health department
informing you that you or someone in your household has a level of lead in his/her blood
that can be hazardous to that person's health. Lead is a poison that can cause learning
disabilities, behavioral problems and permanent damage to vital organs.
Because of that high blood lead level, your landlord, possibly through a representative
like an insurer, has decided to make a Qualified Offer to help you through this problem.
Now that you have received a Qualified Offer, your legal rights are very limited. If your
landlord did everything the law requires him/her to do, you will not be able to sue your
landlord for any damages that may have been caused by lead, even if you do not accept
this Qualified Offer. So, if you think you are going to reject this Qualified Offer, be sure
you completely understand this offer and how it affects your rights before you make a
decision.
The person making the Qualified Offer is offering: 1) to pay to move you and your family
to a lead-safe home, and to help pay some of your rent; and 2) to pay certain bills related
to the medical treatment of the person with the high blood lead level. The payments are
limited to a maximum of $17,000 and in most cases will be made directly to the provider
of services (physician, new landlord, etc.), not to you.
Your landlord should also have given you two other pieces of information. One piece is
about the dangers of lead poisoning and the other piece is about your rights under
Maryland law. If you do not have this information, call the Lead Hotline at 410-537-4199
or 1-800-776-2706.
It is very important that you read all of this material and understand your rights under this
law before you decide to accept or reject this Qualified Offer.
If you call the Lead Hotline at 410-537-4199 or 1-800-776-2706 you can get information
about: the law, the Qualified Offer, your landlord's efforts to comply with the law, and
the name of a counselor near your home who can help you get the information you need
and help you complete the Qualified Offer form.
There are two copies of the Qualified Offer attached to this flyer. If you wish to accept
the offer, sign both copies and send one signed copy back within 30 days to the person
who is making the offer. The address of that person is on the Qualified Offer. Be sure to
keep one signed copy for yourself.
Lead Hotline: 410-537-4199 or 1-800-776-2706 TDD for the Deaf: 410-537-3009
QUALIFIED OFFER
Information About the Person with a High Level of Lead in His/Her Blood in Your
Household
Dear __________ [Name of Person Who May Sign this Offer]: This Qualified Offer is
made to help __________ [Name of the Person with a High Blood Lead Level], born on
__/__/__ [Date of Birth] (if known), who was found to have a blood lead level of
__________ micrograms of lead per deciliter of blood on __/__/__ [Date of Test].
This Qualified Offer is made to you because you are either [Offeror checks one]:
[] [Name of the Person with a High Blood Lead Level]; or
[] A parent, legal guardian, or person appointed by the Court to make decisions for
__________ [Name of the Person with a High Blood Lead Level]
If you are not the person with a high blood lead level, the parent, legal guardian, or
person appointed by the Court to make decisions for the person with a high blood lead
level, please tell the person making this offer (listed on the next page) immediately.
Your Address is:
_______________________________________________________________
The Address of the Person with a high blood lead level: ________________________
Information About the Property Owner and the Person Making this Offer
The person making this Qualified Offer is:
Name
________________________________________________________________________
___
Company
________________________________________________________________________
Street Address
_________________________________________________________________
City, State, Zip Code
__________________________________________________________
( ) Phone
_________________________________________________________________
I am making this Qualified Offer to you because (Offeror checks one):
______ I am your landlord.
______ I represent your landlord's insurance company.
______ I work for your landlord.
The Owner of the Home in which the person with a high blood lead level resides (if it is
not the person making this Qualified Offer) is:
Name
________________________________________________________________________
___
Company
________________________________________________________________________
Street Address
_________________________________________________________________
City, State, Zip Code
__________________________________________________________
( ) Phone
_________________________________________________________________
Signature of Person Making Offer ____________________________ Date
_____________
RELOCATION AND MEDICAL EXPENSES
This is information about what the Qualified Offer provides you for relocation and
medical expenses.
Relocation Expenses
If you sign this Qualified Offer, I will make payments to move your family to a lead-safe
home and to help you pay the rent for the lead-safe home if the rent is higher than the rent
you pay now. These expenses are called relocation expenses, and this section tells you
more about the relocation expenses I will pay.
These payments will end when I have spent $9,500 or when the child with lead in his/her
blood turns 6 years old or, if the person with lead in her blood is a pregnant woman, when
her baby turns 6 years old, whichever occurs first.
THERE ARE TWO KINDS OF RELOCATION.
Temporary Relocation is when I decide to repair the home you live in now in order to
make it lead-safe. In that case, you will still have to move out of your home for a while
because it would be very dangerous for somebody to live there while I am having the
work done. Once the work is done and the property is lead-safe you will be allowed to
move back in.
If I decide that you should permanently relocate (discussed below) you may wish to move
out of the house you live in now and live somewhere else for a short period while you
locate a home for permanent relocation. We both must agree on this in order for you to do
it.
Permanent Relocation is when I decide that you should move to another home and that
you will not return to the home you live in now. I may suggest different lead-safe places
where the family may live. If you choose a lead-safe home which I suggest, I will make
sure that it is lead-safe and provide you with documentation that it is lead-safe.
You may also locate a home for permanent relocation without my help. If you do that, the
home you choose must be lead-safe if you want me to make payments for relocation. A
home that is lead-safe is one that was built after 1978, or certified lead-free, or has
undergone certain treatments and inspections to demonstrate that it is lead-safe. Housing
which has undergone these treatments and has windows with lead-free friction surfaces
must also pass a final inspection for lead dust no more than 30 days before you move into
the home. If you request it, I will pay for this inspection. If I make this payment, I will
deduct the amount from the $9,500 that I will pay for relocation expenses. If a property is
certified lead-safe, it must be recertified every 2 years.
Temporary Relocation
I may decide that your family should move for only a short time while I make your
current home lead-safe. You will not be able to move back into your home until it has
been certified lead-safe.
If I decide that you should relocate permanently (discussed on the next page) you may
wish to relocate temporarily for a short period while you search for a place to move to
permanently. We must both agree on this in order for you to do it.
Unless you and I agree otherwise, temporary relocation will not last longer than 60 days.
If your family is temporarily relocated, I will pay directly to the new landlord, or to other
people who provide the family with services, the following temporary relocation costs.
Rent or per day cost of the temporary home;
The cost of moving, hauling or storing furniture or other personal belongings; and
Costs for special HEPA-vacuuming of all upholstered furniture.
I will pay the family directly for additional expenses that are a result of the move to a
temporary home, if you give me the receipts. These expenses can include:
Transportation;
Child care; and
Meal expenses if the temporary home does not have a place to cook.
When you move back into your home after it has been made lead-safe, you will continue
to pay the same rent as you paid before you received the Qualified Offer.
Permanent Relocation
If I think you should move immediately to a different home or if your family moves to a
permanent home after being in a temporary home, I will pay directly to your landlord:
A rent subsidy as described below under the section Rent Subsidy; and
A security deposit, if any, for the lead-safe housing.
I also will pay some of the costs of other things related to relocation. I will pay directly
the people who provide the service for you and the things that I will pay for include:
Moving/hauling;
HEPA-vacuuming of all upholstered furniture; and
Installation and/or connection of utilities/appliances.
I will pay you directly for other expenses if I am given a receipt. These expenses include:
Transportation;
Food for the first 24 hours; and
Child care.
Rent Subsidy
When your family is permanently relocated to a lead-safe home, if the rent of the home
that you move to is higher than the rent you pay now, I will pay part of the rent according
to a formula established by law.
1. If the new rent is higher than your old rent, you will pay the same amount as the rent
you pay now.
2. I will pay an amount to cover the remainder of the rent up to an amount that is no more
than 150% of the rent you pay now. The rent subsidy I pay is subtracted from the $9,500
total that I can pay for relocation expenses.
3. If the total rent of the new home is actually greater than your rent PLUS the amount I
pay, you will have to pay the additional amount.
I may propose that you move to a home owned by your current landlord. If I do, I will tell
you what the rent for that unit will be. That rent may be higher than rent you are paying
now. If you agree to live there, the monthly rent payments will be made as follows:
1. You will pay a rent that equals the rent you pay now.
2. I will deduct an amount that is no more than 150% of your current rent from the $9,500
I can pay for relocation expenses.
3. If the total rent of the home you move to is actually greater than your rent PLUS the
maximum amount I can deduct as a rent subsidy, you will have to pay the additional
amount.
Maximum Rent Subsidy Amount
The rent you pay now is $ ______/month/week.
The rent subsidy I will pay or deduct can be no more than:
$______/month/week --150% of the rent you pay now.
Medically Necessary Treatments
If you sign this Qualified Offer, I also will pay up to a total of $7,500 for reasonable,
medically necessary treatments needed because of the high blood lead level, but only
when these costs are not paid for by your insurance, Medicaid or any other third-party
provider. If the person with a high blood lead level is a child, I will pay these expenses
until that child is 18 years old or until the $7,500 runs out, whichever happens first. I will
make the payments for reasonable, medically necessary treatments directly to the health
care provider, not to you. Medically necessary treatments include:
Educational evaluation
Psychometric testing
Inpatient treatment
Outpatient treatment
Behavioral therapy
Speech and language therapy
Medicine needed to treat lead poisoning or medical problems caused by high blood lead
levels
Nutritional evaluation
Standard, over-the-counter vitamins with minerals, and iron and calcium supplements
prescribed or recommended by your doctor
Any other treatment related to high blood lead level deemed necessary by a health care
provider
Certification by Landlord
THIS IS THE SECTION YOUR LANDLORD, OR SOMEONE REPRESENTING
YOUR LANDLORD, COMPLETES TO SHOW YOU THAT EVERYTHING THE
LAW REQUIRES HAS BEEN DONE.
As the owner of ______________________________ [address of affected property],
under the penalties of perjury, I certify that I have complied with all applicable provisions
and requirements under Environment Article, Title 6, Subtitle 8, Annotated Code of
Maryland. Specifically, I have complied with the following requirements:
1. REGISTRATION
I have registered this affected property with the Maryland Department of the
Environment.
2. RISK DEDUCTION [check (() all that apply]
( I met the full Risk Reduction standard on ________ [date].
( I responded to all notices of defects in the affected property by meeting the Modified
Risk Reduction Standard on ________ [date].
(I responded to a notice that a person at risk in this unit was diagnosed with a high blood
lead level of 15 micrograms/deciliter or more by meeting the Modified Risk Reduction
Standard on ________ [date], which was within 30 days of receiving the notice of high
blood lead level.
( I had no obligation to meet a Risk Reduction Standard.
3. TENANT'S RIGHTS NOTICE
I gave the Notice of Tenant's Rights to the household of the person at risk in a timely
manner on _________ [date].
4. LEAD INFORMATION PACKET
I gave the Lead Information Packet to the household of the person at risk in a timely
manner on ________ [date].
Signature of Owner _________________________________ Date
_____________________
Witness ____________________________________________ Date
_____________________
Maryland Department of the Environment Property Owner Number (if available):
________________________________________________________________________
________
Maryland Department of the Environment Property Number of the property in which the
person with high blood lead level resides (if available):
________________________________________________________________________
________
Acceptance of the Qualified Offer
THIS IS THE SECTION YOU COMPLETE IF YOU ACCEPT THE QUALIFIED
OFFER
If you wish to accept this Qualified Offer, you must sign both copies of this form and
return one copy to me within 30 days of receipt.
If you do not accept this Qualified Offer within 30 days, you may not be able to sue your
landlord for any injuries or illness that may have been caused by a high blood lead level
and will not receive the benefits outlined in the Qualified Offer.
I, ________________________________ (print your name) hereby accept this Qualified
Offer on my own behalf or on behalf of ______________________________ (print the
name of person in your home with high blood lead level).
Signature ___________________________________________ Date
____________________
Witness _____________________________________________ Date
____________________
MD. CODE REGS. 26.16.03.05 (2011)
.05 Temporary and Permanent Relocation.
A. Payment by Offeror.
(1) An offeror may elect to pay for either permanent or temporary relocation of
the household of a person at risk with elevated blood lead.
(2) The offeror may suggest one or more lead-safe dwelling units for permanent
or temporary relocation.
(3) Unless the offeror and the responder agree otherwise, temporary relocation
shall last not longer than 60 days.
(4) If the offeror and the responder agree, the responder may choose temporary
relocation to a lead-safe dwelling unit with the intent to move the household of
the person at risk into a permanent lead-safe dwelling unit.
(5) When the household of the person at risk is temporarily relocated to a leadsafe dwelling unit, the maximum amount of monthly rent for which the household
is responsible until the termination of the offeror's obligation to make payments
under the qualified offer shall be not greater than the amount the household paid
at the time the qualified offer was made.
(6) If an offeror proposes temporary or permanent relocation to a lead-safe
dwelling unit owned by the offeror or the owner of the affected property in which
the household resided when the qualified offer was made, the offeror shall, at that
time, disclose the rent of the new dwelling unit and the amount that the offeror
will deduct as a rent subsidy from the $9,500 cap on relocation expenses.
(7) If the offeror intends to make an expenditure of money that the offeror intends
to deduct from the $9,500 cap on relocation expenses, the offeror shall notify the
responder of the amount of the intended expenditure in advance of the
expenditure.
(8) If the offeror wishes to use a provider of a service who is a related party, and
to deduct the amount spent from the $9,500 cap on relocation expenses, the
offeror shall disclose to the responder the relationship and the amount of the
intended expenditure in advance.
(9) Relocation expenses are payable by the offeror when the offeror has received
a bill, invoice, or other evidence that the expense has been incurred, or may be
paid directly to a property owner under the terms of a lease.
B. Acceptance of Lead-Safe Dwelling Unit by Responder.
(1) Only dwelling units certified to be lead-free in accordance with Environment
Article, §6-804, Annotated Code of Maryland, constructed after 1978, or certified
as lead-safe in accordance with COMAR 26.16.02.04 may be used for temporary
or permanent relocation. Lead-safe certificates of compliance issued in connection
with a qualified offer are subject to § C of this regulation.
(2) The responder may accept the qualified offer without accepting any of the
dwelling units proposed for permanent or temporary relocation by the offeror.
(3) The responder may locate a lead-safe dwelling unit independently or with the
assistance of another person, the local health department, or an outreach
organization.
(4) If the dwelling unit selected for relocation is one proposed by the offeror, the
offeror shall provide to the responder and the local health department
documentation that the dwelling unit was certified to be lead-free in accordance
with Environment Article, §6-804, Annotated Code of Maryland, constructed
after 1978, or certified to be lead-safe, according to COMAR 26.16.02.04. Leadsafe certificates of compliance issued in connection with a qualified offer are
subject to § C of this regulation.
(5) If the dwelling unit selected for relocation is not one proposed by the offeror,
the responder shall provide to the offeror:
(a) Certification that the dwelling unit was certified to be lead-free in
accordance with Environment Article, §6-804, Annotated Code of
Maryland;
(b) Documentation that the dwelling unit was constructed after 1978; or
(c) Certification that the dwelling unit is lead-safe according to COMAR
26.16.02.04, except as provided in § B(6) of this regulation.
(6) If the responder has provided certification to the offeror that the dwelling unit
selected is in compliance with COMAR 26.16.02.04A(1)and (3), upon request of
the responder, the offeror shall pay the cost of the inspection for leadcontaminated dust required under COMAR 26.16.02.04B and the cost is
deductible from the $9,500 cap on relocation expenses.
(7) The responder shall make the final choice of a lead-safe dwelling unit for
purposes of relocation.
C. Certificates of lead-safe housing issued under COMAR 26.16.02.04, for housing
subject to this regulation, in which a person at risk will be residing following the
acceptance of a qualified offer shall:
(1) Be based upon dust samples collected within 30 days before relocating a
person at risk to the dwelling unit; and
(2) Expire 24 calendar months after the date of issuance.
MD. CODE REGS. 26.16.03.06 (2011)
.06 Medically Necessary Treatments.
A. Medically necessary tests or treatments are those relating to elevated blood lead levels.
B. Medically necessary testing or treatments include:
(1) Educational evaluation;
(2) Psychometric testing;
(3) Inpatient treatment;
(4) Outpatient treatment;
(5) Behavioral therapy;
(6) Speech and language therapy;
(7) Medicine specifically related to elevated blood lead levels and medical
conditions caused by elevated blood lead levels;
(8) Nutritional evaluation;
(9) Standard, over-the-counter vitamins with mineral preparations and iron and
calcium supplements prescribed by a health-care provider; and
(10) Any other treatment related to an elevated blood lead level recommended by
a health care provider.
C. The offeror shall make payments for medically necessary treatments upon receipt of a
bill for expenses which have not been covered by the Maryland Medical Assistance
Program or by a third-party health insurance plan.
MD. CODE REGS. 26.16.03.07 (2011)
.07 Benefits Payable per Child.
A. The person at risk with elevated blood lead is entitled to relocation benefits until the
relocation benefits are exhausted or the child is 6 years old, whichever occurs first.
B. The person at risk with elevated blood lead is entitled to medical benefits until the
benefits are exhausted or, in the case of a child, until the child is 18 years old, whichever
occurs first.
C. Relocation benefits may be used for subsequent lead-safe dwelling units without
regard to the cause of the relocation.
D. When the household of the person at risk with elevated blood lead moves to a new
dwelling unit, the responder shall notify the offeror and the local health department of the
new address to which the household has moved.
E. When multiple qualified offers are made to persons at risk with elevated blood lead
within a single household, all relocation expenses shall be first paid from the relocation
benefits of the oldest person at risk in that household with remaining relocation benefits.
MD. CODE REGS. 26.16.03.08 (2011)
.08 Annual Report.
A. The offeror shall submit an annual report to the Department for each person at risk to
whom the offeror has made a qualified offer and to each responder who has accepted a
qualified offer on behalf of a person at risk.
B. The annual report is due on or before December 31 of each year.
C. For each qualified offer that has been accepted, the annual report to the Department
and the responder shall contain the following:
(1) Name and date of birth of the person at risk;
(2) Address of the dwelling unit in which the person at risk resided at the time the
qualified offer was made;
(3) The dates on which the qualified offer was made and accepted;
(4) Current address of the person at risk;
(5) Separate statements of all expenses paid by the offeror during the preceding
12 months for relocation benefits, including:
(a) Rent subsidy,
(b) Other relocation expenses, and
(c) Incidental expenses;
(6) A separate statement of all expenses paid by the offeror during the preceding
12 months for medically necessary treatments;
(7) Separate statements of the benefits remaining for relocation and medically
necessary treatments; and
(8) If payment of benefits has been terminated for any reason during the
preceding 12 months, an explanation of the reason for that termination.
D. For each qualified offer that was rejected in the preceding 12 months, the annual
report to the Department shall contain the following:
(1) Name and date of birth of the person at risk to whom the qualified offer was
made;
(2) The dates upon which the qualified offer was made and rejected;
(3) The method by which the qualified offer was rejected; and
(4) Current address of the person at risk, if known.
MD. CODE REGS. 26.16.03.09 (2011)
.09 Statement of Benefits Remaining.
A. The offeror shall provide the responder with a benefits statement at such time as 80
percent of the available relocation benefits are exhausted.
B. The offeror shall provide the responder with a benefits statement at such time as 80
percent of the available benefits for medically necessary treatments are exhausted.
C. The benefit statements required under §§ A and B of this regulation shall include the
following information:
(1) Name of the person at risk on whose behalf the qualified offer was made;
(2) Date the qualified offer was made;
(3) Remaining relocation benefits; and
(4) Remaining benefits for medically necessary treatments.
CHAPTER 04: VERIFIABLE METHODS APPROVED BY THE DEPARTMENT
(MD. CODE REGS. 26.16.04 (2011))
MD. CODE REGS. 26.16.04.01 (2011)
.01 Scope.
This chapter sets forth:
A. Verifiable methods for sending notice when notice is required under Environment
Article, §6-801-6-852, Annotated Code of Maryland; and
B. The manner for sending notice of a qualified offer under Environment Article, §6-832,
Annotated Code of Maryland.
MD. CODE REGS. 26.16.04.02 (2011)
.02 Manner of Sending Notice.
A. In any instance when notice is permitted by a verifiable method under Environment
Article, §6-817, 6-819, 6-820, and 6-823, Annotated Code of Maryland, notice shall be
sent by any method in which written receipt may be acknowledged by the intended
recipient, agent, or representative.
B. Notice of a qualified offer is sent under Environment Article, §6-832, Annotated Code
of Maryland, when receipt of the qualified offer is acknowledged in writing by the person
at risk or, in the case of a minor, the parent or legal guardian of the minor.
CHAPTER 05: PROCEDURES FOR PERFORMING LEAD ABATEMENT
SERVICES (MD. CODE REGS. 26.16.05 (2011))
MD. CODE REGS. 26.16.05.01 (2011)
.01 Scope and Applicability.
This chapter governs the performance of lead paint abatement services in Maryland. A
person performing any lead inspection, lead risk assessment, or clearance inspection shall
be accredited by the Department and shall comply with the applicable procedures in this
chapter. Inspections performed as part of a poisoned-child investigation shall be
performed according to protocols approved by the Department before the performance of
the inspection.
MD. CODE REGS. 26.16.05.02 (2011)
.02 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Lead-based paint inspection" means a surface-by-surface evaluation of
painted surfaces to determine if the concentration of lead exceeds State standards.
(2) "Risk assessment" means an inspection to determine the presence of lead
hazards.
MD. CODE REGS. 26.16.05.03 (2011)
.03 Incorporation by Reference.
40 CFR §745.227, as amended, is incorporated by reference.
MD. CODE REGS. 26.16.05.04 (2011)
.04 Notice to the Department.
A person shall provide the Department advance notice before performing an inspection
under this chapter. Notice shall be in writing and shall be provided by hand delivery,
facsimile, or mail and shall be received by the Department at least 24 hours before the
commencement of the inspection.
MD. CODE REGS. 26.16.05.05 (2011)
.05 MDE 330 Certificate.
A. Inspections performed under this chapter to satisfy the Maryland Reduction of Lead
Risk in Housing Act requirements shall be documented on MDE 330 certificates and
supporting forms according to procedures established by the Department. MDE 330
forms may not be used for any other purpose.
B. All results of passing inspections shall be submitted to the Department within 10 days
of performing a visual inspection, or within 10 days of obtaining laboratory analysis of
dust samples.
C. All results of failing inspections shall be submitted to the Department within 30 days
of performing a visual inspection, or within 30 days of obtaining laboratory analysis of
dust samples.
MD. CODE REGS. 26.16.05.06 (2011)
.06 Lead-Based Paint Inspections.
A. Lead-based paint inspections for single-family housing or multiple-unit housing shall
be performed in accordance with COMAR 26.16.02.05.
B. XRF Sampling.
(1) XRF calibration checks shall be performed in accordance with the
manufacturer's specifications and most recent performance characteristics sheet
(PCS).
(2) XRF analyzers shall be checked according to the manufacturer's
specifications.
(3) Calibration check readings shall be:
(a) Recorded on the calibration check test results form prescribed by the
Department; or
(b) Stored in the instrument's memory and printed out or transferred to a
computer.
(4) The MDE 330 Form E shall be used to record a summary of the inspection.
C. Paint Chip Sampling.
(1) Paint chip sampling for the purpose of issuing a lead-free inspection certificate
may not be performed in occupied units except when verifying XRF inconclusive
samples according to the PCS.
(2) Paint chip samples collected in occupied units to verify XRF inconclusive
samples shall be collected from the location the XRF reading was obtained.
(3) Areas where paint chip samples were collected shall be repainted with
nonlead-based paint or the equivalent.
(4) The inspection company shall notify the property owner and tenants of units
where lead-free paint chip sampling is performed of the results not later than 10
days following the results being received by the inspection company.
(5) Paint chip sampling shall be performed using the following tools:
(a) Sharp stainless steel paint scraper or equivalent;
(b) A wipe which is a disposable towelette moistened with a wetting agent
that meets specifications of the American Society for Testing Materials
International (ASTM) Specification E 1792, for cleaning paint scraper or
equivalent;
(c) Nonsterilized polyethylene centrifuge tube or other sealable rigid
container;
(d) Nonsterilized nonpowdered latex or similar gloves; and
(e) Field sampling and laboratory submittal forms.
(6) Paint chip samples shall be collected in accordance with the following
requirements:
(a) The paint chip sample area shall be in accordance with the (ASTM)
standard E 1792;
(b) Persons collecting paint chip samples shall wear new disposable gloves
for each sample;
(c) The surface directly below the area to be sampled shall be covered
with 4-millimeter-thick plastic sheeting or equivalent to ensure that any
paint dust or debris generated during the sample collection is collected for
disposal;
(d) Paint chip sampling shall be performed by moving the paint scraper
over a painted surface using enough pressure to remove all paint layers
down to the substrate;
(e) The paint chip sample material shall be collected in a screw top
centrifuge tube or other sealable rigid container;
(f) The 4-millimeter-thick plastic sheeting shall be removed from below
the sample area;
(g) Following the collection of the sample, the sample location and surface
directly below the sample location shall be cleaned using wet wipes, or
equivalent;
(h) The sample location and number shall be recorded on the sample
collection container and field sampling paperwork;
(i) Chain of custody form shall be completed and provided to the courier;
(j) All paint chip samples shall be analyzed by a laboratory approved by
the National Lead Laboratory Accreditation Program (NLLAP); and
(k) Lead-based paint inspection results shall be reported on forms
prescribed by the Department.
D. Lead-free paint inspection for multi-unit buildings may be certified lead-free by XRF
or paint chip sampling performed in accordance with COMAR 26.16.02.05D.
MD. CODE REGS. 26.16.05.07 (2011)
.07 Lead-Safe Housing Inspections.
A lead-safe housing inspection shall be performed in accordance with COMAR
26.16.02.04.
MD. CODE REGS. 26.16.05.08 (2011)
.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 shall be conducted by a
State-accredited visual inspector or risk assessor.
B. Full risk reduction certificates of compliance issued under Environment Article, §6815, 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.
C. 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 or the
tenant residing in the property.
D. 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) Windowsills have been completely stripped and repainted, or replaced or
encapsulated with vinyl, metal, or other material, in a manner and under
conditions approved by the Department;
(4) Window wells are smooth and cleanable and have been capped with vinyl,
aluminum, or other materials under conditions approved by the Department;
(5) 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) Except for modified risk reduction inspections performed under Environment
Article, §6-819, Annotated Code of Maryland, all bare floors are smooth and
cleanable;
(8) All kitchen and bathroom floors are overlaid with a smooth, water-resistant
covering; and
(9) The unit is free of all visible dust, debris, or residue.
MD. CODE REGS. 26.16.05.09 (2011)
.09 Dust Wipe Inspections Performed to Establish Compliance With Environment
Article, §§ 6-815 and 6-819, Annotated Code of Maryland.
A. An inspection for lead-contaminated dust shall be conducted in accordance with
COMAR 26.16.02.03 by a State-accredited visual inspector or risk assessor.
B. Risk reduction certificates based on dust sampling shall include a visual review of all
interior and exterior painted surfaces of the rental dwelling unit to verify there is no
chipping, peeling, or flaking paint.
C. Lead dust samples shall be collected using the following tools:
(1) A template or method of marking a measured area on floors, window sills, and
window wells;
(2) Wipes meeting the requirements of Regulation .06C(5)(b) of this chapter;
(3) Nonsterilized nonpowdered latex or similar disposable gloves;
(4) Nonsterilized 50 milliliter polyethylene centrifuge tubes with caps;
(5) Dust sample collection forms;
(6) Masking tape; and
(7) Trash bags.
D. All lead dust wipe inspections shall include field blank samples collected using the
following procedures:
(1) Before the sample is collected, the inspector shall remove a wipe meeting the
requirements of Regulation .06C(5)(b) of this chapter and wipe his or her hands
and discard the wipe;
(2) The inspector shall remove a second wipe meeting the requirements of
Regulation .06C(5)(b) of this chapter from the container and insert it into the
labeled centrifuge tube as the beginning field blank to be analyzed by the
laboratory;
(3) At the conclusion of the wipe sampling, as specified in § B(5)--(7) of this
regulation, the inspector shall collect an ending field blank in the same manner as
the beginning field blank; and
(4) Field blank centrifuge tubes shall be labeled with a unique identifier according
to laboratory specifications.
E. Dust wipe samples shall be collected in accordance with ASTM Standard E 1728 or
equivalent.
F. If using a pre-measured template, thoroughly clean the template with a wipe as
specified in Regulation .06C(5)(b) of this chapter between each use.
G. Laboratory Analytical Procedure.
(1) Samples shall be submitted to an NLLAP approved laboratory for analysis.
(2) The field sample number shall be entered on the field sampling form,
laboratory submittal form, and the container.
(3) The name of the laboratory, date the samples were sent to the laboratory, and
names of all personnel handling the sample from the time of collection to the time
of arrival at the laboratory shall be recorded on a chain of custody form.
MD. CODE REGS. 26.16.05.10 (2011)
.10 Clearance Inspections for Abatement Projects.
A. Following a lead abatement project, performed in accordance with COMAR 26.02.07,
a clearance inspection for lead-contaminated dust shall be performed by a visual
inspector, inspector technician, or risk assessor accredited by the Department.
B. Dust samples shall be collected from each interior room where lead abatement was
performed, using all dust sample collection procedures specified in Regulation .08B of
this chapter.
C. Samples shall be taken from the following:
(1) At least one sample from the floor;
(2) At least one sample from a window sill; and
(3) At least one sample from a window well.
D. Rooms containing no window in the abatement area require the collection of only one
floor sample.
MD. CODE REGS. 26.16.05.11 (2011)
.11 Lead Risk Assessments.
Lead risk assessments shall be performed in accordance with 40 CFR §745.227. Lead
risk assessments under this chapter may not be conducted to issue a certificate to satisfy
the Maryland Reduction of Lead Risk in Housing Act.
MD. CODE REGS. 26.16.05.12 (2011)
.12 Collection and Laboratory Analysis of Samples.
A. Determination of lead content in paint shall be in accordance with COMAR
26.16.01.03B.
B. Any paint chip, dust, or soil samples collected under the procedures contained in this
chapter shall be collected by persons accredited by the Department as an inspector
technician, visual inspector, or risk assessor employed by a State-accredited contractor.
C. All samples collected shall be analyzed by a laboratory recognized by EPA under §
405 (B) of TSCA as being capable of performing analyses for lead compounds in paint
chip, dust, or soil samples.
MD. CODE REGS. 26.16.05.13 (2011)
.13 Record Keeping.
A. A person who performs lead inspection services shall maintain all reports, plans, and
forms required under this chapter for at least 5 years.
B. The Department reserves the right to conduct oversight inspections of all lead
inspections performed under this chapter.
CHAPTER 06: LEAD IN CHILDREN’S PRODUCTS (MD. CODE REGS.
26.16.06 (2011))
MD. CODE REGS. 26.16.06.01 (2011)
.01 Scope.
This chapter establishes requirements and standards for the testing and certification of
children's products.
MD. CODE REGS. 26.16.06.02 (2011)
.02 Definitions.
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Distribute" means to place children's products into the Maryland stream of
commerce to be sold or offered for sale in Maryland.
(2) "Distributor" means a person who places children's products into the Maryland
stream of commerce to be sold or offered for sale in Maryland.
(3) "Import" means to bring children's products from a foreign or external source
into the Maryland stream of commerce to be sold or offered for sale in Maryland.
MD. CODE REGS. 26.16.06.03 (2011)
.03 Certification of Children's Products.
A. A United States manufacturer, or if the manufacturer is not a United States
manufacturer, the importer of record, of a children's product, for which a children's
product certification is required under federal law, shall issue a written certificate that
certifies that the children's product is not a lead-containing product.
B. Before issuing a certificate, a United States manufacturer, or if the manufacturer is not
a United States manufacturer, the importer of record, shall verify that the children's
product was tested, as required by Regulation .04 of this chapter.
C. The certificate shall be on a form created by the Department or a document that
includes the following information:
(1) A statement that the children's product is not a lead-containing product;
(2) The name of the manufacturer; and
(3) The date and place of manufacture.
MD. CODE REGS. 26.16.06.04 (2011)
.04 Testing.
A. A certificate issued in accordance with Regulation .03 of this chapter shall be based
on:
(1) A test of each children's product; or
(2) A testing program recognized by federal law.
B. Testing shall be conducted on parts, components, and coatings of a children's product
that are accessible to a child through normal and reasonably foreseeable use and abuse of
the product.
MD. CODE REGS. 26.16.06.05 (2011)
.05 Maintenance of Documents.
A. A person shall maintain a copy of all documents required to be maintained by
Environment Article, §6-1304(c) and (d), Annotated Code of Maryland, for at least 3
years after the person is last in possession of the children's product.
B. A person shall provide to the Department or any person a copy of all documents
required to be provided by Environment Article, §6-1304 (c) and (d), Annotated Code of
Maryland, within 30 days of a written request.
MD. CODE REGS. 26.16.06.06 (2011)
.06 Reporting of Lead Containing Products.
A. If a person determines that a person has manufactured, sold, offered for sale, imported,
or distributed a children's product in violation of Environment Article, §6-1303,
Annotated Code of Maryland, the person shall report the violation to the Department.
B. Within 24 hours of determining the violation has occurred, the person shall submit a
report to the Department on a form created by the Department or that includes the
following information:
(1) The identity of the children's product found to be a lead-containing product;
(2) The identity of all the components found to be part of the lead-containing
product;
(3) All the lead levels in violation of Environment Article, §6-1303, Annotated
Code of Maryland, found in the components of the children's product; and
(4) All lead testing results for the children's product found to be in violation.
C. Within 15 days after discovering a lead-containing product in violation of
Environment Article, Title 6, Subtitle 13, Annotated Code of Maryland, the person shall
submit a report to the Department, including all the information set forth in Environment
Article, §6-1305, Annotated Code of Maryland.
MD. CODE REGS. 26.16.06.07 (2011)
.07 Sale of Existing Inventory.
A children's product placed into the Maryland stream of commerce before the effective
date of this chapter is not subject to this chapter's requirements if it is in compliance with
the Federal Hazardous Substances Act and federal law and is sold to a consumer within
90 days after the effective date of this chapter.
VII. RENT ESCROW STATUTE (MD. CODE ANN., REAL PROP. § 8-211
(2011))
Rent escrow is a process in which tenant can file a rent escrow complaint in district court
to compel the landlord to make repairs and address dangerous conditions in the rental unit
such as the presence of lead paint. If a rent escrow account is established, rent is paid into
the account until the landlord resolves the problem and completes all repairs ordered by
the Court. (See Real Property Article, Section 8-211.1)
MD. CODE ANN., REAL PROP. § 8-211 (2011). Failure of lessor to remove leadbased paint; rent escrow
(a) Right of lessee. -- Notwithstanding any provision of law or any agreement, whether
written or oral, if a landlord fails to comply with the applicable risk reduction standard
under § 6-815 or §6-819 of the Environment Article, the tenant may deposit the tenant's
rent in an escrow account with the clerk of the District Court for the district in which the
premises are located.
(b) Other rights or remedies. -- The right of a tenant to deposit rent in an escrow account
does not preclude the tenant from pursuing any other right or remedy available to the
tenant at law or equity and is in addition to them.
(c) Release of escrow account. -- Money deposited in an escrow account shall be released
under the following terms and conditions:
(1) To the lessor upon compliance by the lessor with the applicable risk reduction
standard; or
(2) To the lessee or any other person who has complied with the applicable risk
reduction standard on presentation of a bill for the reasonable costs of complying
with the applicable risk reduction standard.
(d) No eviction. -- A lessee may not be evicted, the tenancy may not be terminated, and
the rent may not be raised for a lessee who elects to seek the remedies under this section.
It shall be presumed that any attempt to evict the lessee, to terminate the tenancy, or to
raise the rent, except for nonpayment of rent, within two months after compliance with
the applicable risk reduction standard is in retaliation for the lessee's proceeding under
this section and shall be void.
(e) Preemption. -- This section shall preempt any public local law or ordinance
concerning the deposit of rent into an escrow account based upon the existence of paint
containing lead pigment on surfaces in or on a rental dwelling unit in the State and
disposition of that rent.
HISTORY: 1973, ch. 615; 1977, ch.34, § 2; 1978, ch.27; 1997, ch.714, § 1; 1999, ch.
219, § 1; 2000, ch. 61, § 1.
FEDERAL LEAD PAINT LAW
Index of Federal Laws:
Title X- Federal Residential Lead-Based Paint Hazard
Reduction Act of 1992
Federal HUD Lead-Based Paint Regulations 1012/1013
Federal Lead-Based Paint Pre-Renovation Education Rule
(Lead PRE Rule)
Lead-Based Paint Poisoning Prevention in Certain
Residential Structures
I. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992
This law requires the Department of Housing and Urban Development (HUD) and the
Environmental Protection Agency (EPA) to jointly issue regulations to require disclosure
of known lead-based paint hazards by persons selling or leasing housing built before the
phase out of residential lead-based paint use in 1978. The law went into full effect on
December 6, 1996, for owners of pre-1978 properties. The following is a summary of the
requirements followed by the law in its entirety.
[The following borrows from The Coalition to End Childhood Lead Poisoning’s
Handbook for the Prevention of Childhood Lead Poisoning in Maryland].
I. Summary of Residential Lead-Based Paint Hazard Reduction Act of 1992:
1) Sellers and lessors of most residential housing built before 1978 must disclose the
presence of known lead-based paint and/or lead-based paint hazards in the
housing;
2) Sellers and lessors must provide purchasers and lessees with any available records
of reports pertaining to the presence of lead-based paint and/or lead-based paint
hazards;
3) Sellers and lessors must provide purchasers and lessees with the “Protect Your
Family From Lead In Your Home” educational pamphlet;
4) Sellers must provide purchasers with a 10-day opportunity to conduct a risk
assessment or inspection for the presence of lead-based paint and/or lead-based
paint hazards before the purchaser is obligated under any purchase contract;
5) Sales and leasing contracts must include certain disclosure and acknowledgement
language;
6) Agents must ensure compliance with Title X’s requirements
-Types of housing exempted from Title X’s requirements are:
-Zero bedroom units, such as efficiencies, lofts, and dormitories
-Housing leased for less than 100 days, such as vacation houses or short-term
rentals
-Housing for the elderly (unless children live there)
-Housing for the handicapped (unless children live there)
-Rental housing that has been inspected by a certified inspector and found to be
free of lead-based paint
-Housing sold at a foreclosure sale
II. LAW
Section 4851. Findings
Section 4851a. Purposes
Section 4851b. Definitions
Subchapter 1 – Lead-Based Paint Hazard Reduction
Section 4852. Grants For Lead-Based Paint Hazard Reduction in Target
Housing
Section 4852a. Task Force On Lead-Based Paint Hazard Reduction and
Financing
Section 4852b. National Consultation On Lead-Based Paint Hazard
Reduction
Section 4852c. Guidelines for Lead-Based Paint Hazard Evaluation and
Reduction Activities
Section 4852d. Disclosure of Information Concerning Lead Upon Transfer of
Residential Property
Subchapter II – Worker Protection
Section 4853. Worker Protection
Section 4853a. Coordination Between Environmental Protection Agency and
Department of Labor
Subchapter III – Research and Development
Part 1 – HUD Research
Section 4854. Research on Lead Exposure From Other Sources
Section 4854a. Testing Technologies
Section 4854b. Authorization
Part 2 – GAO Report
Section 4855. Federal Implementation and Insurance Study
Subchapter IV – Reports
Section 4856. Reports of the Secretary of Housing and Urban Development
CHAPTER 63A- RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION
42 U.S.C. § 4851 (2011). FINDINGS.
The Congress finds that –
(1) low-level lead poisoning is widespread among American children, afflicting as many
as 3,000,000 children under age 6, with minority and low-income communities
disproportionately affected;
(2) at low levels, lead poisoning in children causes intelligence quotient deficiencies,
reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity,
and behavior problems;
(3) pre-1980 American housing stock contains more than 3,000,000 tons of lead in the
form of lead-based paint, with the vast majority of homes built before 1950 containing
substantial amounts of lead-based paint;
(4) the ingestion of household dust containing lead from deteriorating or abraded leadbased paint is the most common cause of lead poisoning in children;
(5) the health and development of children living in as many as 3,800,000 American
homes is endangered by chipping or peeling lead paint, or excessive amounts of leadcontaminated dust in their homes;
(6) the danger posed by lead-based paint hazards can be reduced by abating lead-based
paint or by taking interim measures to prevent paint deterioration and limit children's
exposure to lead dust and chips;
(7) despite the enactment of laws in the early 1970's requiring the Federal Government to
eliminate as far as practicable lead-based paint hazards in federally owned, assisted, and
insured housing, the Federal response to this national crisis remains severely limited; and
(8) the Federal Government must take a leadership role in building the infrastructure -including an informed public, State and local delivery systems, certified inspectors,
contractors, and laboratories, trained workers, and available financing and insurance -necessary to ensure that the national goal of eliminating lead-based paint hazards in
housing can be achieved as expeditiously as possible.
Case Law
Standing. The parents of four children who had elevated blood lead levels
while living in public housing did not have Article III standing to sue the city
public housing authority and require the authority to take action to abate the
lead at the residential dwelling because when the original complaint was filed
and the standing issue was considered by the court, two of the children did not
live in the residence, and the other two children resided in housing treated for
lead abatement before the original complaint was filed. L.B. III v. Housing
Authority of Louisville, 344 F. Supp.2d 1009 (2004).
42 U.S.C. § 4851(a) (2011). PURPOSES.
The purposes of this Act are -(1) to develop a national strategy to build the infrastructure necessary to eliminate leadbased paint hazards in all housing as expeditiously as possible;
(2) to reorient the national approach to the presence of lead- based paint in housing to
implement, on a priority basis, a broad program to evaluate and reduce lead-based paint
hazards in the Nation's housing stock;
(3) to encourage effective action to prevent childhood lead poisoning by establishing a
workable framework for lead-based paint hazard evaluation and reduction and by ending
the current confusion over reasonable standards of care;
(4) to ensure that the existence of lead-based paint hazards is taken into account in the
development of Government housing policies and in the sale, rental, and renovation of
homes and apartments;
(5) to mobilize national resources expeditiously, through a partnership among all levels
of government and the private sector, to develop the most promising, cost-effective
methods for evaluating and reducing lead-based paint hazards;
(6) to reduce the threat of childhood lead poisoning in housing owned, assisted, or
transferred by the Federal Government; and
(7) to educate the public concerning the hazards and sources of lead-based paint
poisoning and steps to reduce and eliminate such hazards.
42 U.S.C. § 4851(b) (2011). DEFINITIONS.
For the purposes of this Act, the following definitions shall apply:
(1) Abatement. The term "abatement" means any set of measures designed to
permanently eliminate lead-based paint hazards in accordance with standards established
by appropriate Federal agencies. Such term includes –
(A) the removal of lead-based paint and lead-contaminated dust, the permanent
containment or encapsulation of lead-based paint, the replacement of leadpainted surfaces or fixtures, and the removal or covering of lead contaminated
soil; and
(B) all preparation, cleanup, disposal, and postabatement clearance testing
activities associated with such measures.
(2) Accessible surface. The term "accessible surface" means an interior or exterior
surface painted with lead-based paint that is accessible for a young child to mouth or
chew.
(3) Certified contractor. The term "certified contractor" means –
(A) a contractor, inspector, or supervisor who has completed a training program
certified by the appropriate Federal agency and has met any other requirements
for certification or licensure established by such agency or who has been
certified by any State through a program which has been found by such Federal
agency to be at least as rigorous as the Federal certification program; and
(B) workers or designers who have fully met training requirements established
by the appropriate Federal agency.
(4) Contract for the purchase and sale of residential real property. The term "contract for
the purchase and sale of residential real property" means any contract or agreement in
which one party agrees to purchase an interest in real property on which there is situated
1 or more residential dwellings used or occupied, or intended to be used or occupied, or
intended to be used or occupied, in whole or in part, as the home or residence of 1 or
more persons.
(5) Deteriorated paint. The term "deteriorated paint" means any interior or exterior paint
that is peeling, chipping, chalking or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
(6) Evaluation. The term "evaluation" means a risk assessment, inspection, or risk
assessment and inspection.
(7) Federally assisted housing. The term "federally assisted housing" means residential
dwellings receiving project-based assistance under programs including –
(A) section 1715(d)(3) or 1715z-1 of Title 12;
(B) section 1 of the Housing and Urban Development Act of 1965;
(C) section 1437f of this title; or
(D) sections 1472(a), 1474, 1484, 1485, 1486 and 1490m of this title.
(8) Federally owned housing. The term "federally owned housing" means residential
dwellings owned or managed by a Federal agency, or for which a Federal agency is a
trustee or conservator. For the purpose of this paragraph, the term "Federal agency"
includes the Department of Housing and Urban Development, the Farmers Home
Administration, the Resolution Trust Corporation, the Federal Deposit Insurance
Corporation, the General Services Administration, the Department of Defense, the
Department of Veterans Affairs, the Department of the Interior, the Department of
Transportation, and any other Federal agency.
(9) Federally supported work. The term "federally supported work" means any lead
hazard evaluation or reduction activities conducted in federally owned or assisted
housing or funded in whole or in part through any financial assistance program of the
Department of Housing and Urban Development, the Farmers Home Administration, or
the Department of Veterans Affairs.
(10) Friction surface. The term "friction surface" means an interior or exterior surface
that is subject to abrasion or friction, including certain window, floor, and stair surfaces.
(11) Impact surface. The term "impact surface" means an interior or exterior surface that
is subject to damage by repeated impacts, for example, certain parts of door frames.
(11) Impact surface. The term “impact surface” means an interior or exterior surface that
is subject to damage by repeated impacts, for example, certain parts of door frames.
(12) Inspection. The term "inspection" means a surface-by-surface investigation to
determine the presence of lead-based paint as provided in section 4822(c) of the LeadBased Paint Poisoning Prevention Act and the provision of a report explaining
the results of the investigation.
(13) Interim controls. The term "interim controls" means a set of measures designed to
reduce temporarily human exposure or likely exposure to lead-based paint hazards,
including specialized cleaning, repairs, maintenance, painting, temporary containment,
ongoing monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs.
(14) Lead-based paint. The term "lead-based paint" means paint or other surface coatings
that contain lead in excess of limits established under section 4822(c) of the Lead-Based
Paint Poisoning Prevention Act.
(15) Lead-based paint hazard. The term "lead-based paint hazard" means any condition
that causes exposure to lead from lead- contaminated dust, lead-contaminated soil,
lead-contaminated paint that is deteriorated or present in accessible surfaces, friction
surfaces, or impact surfaces that would result in adverse human health effects as
established by the appropriate Federal agency.
(16) Lead-contaminated dust. The term "lead-contaminated dust" means surface dust in
residential dwellings that contains an area or mass concentration of lead in excess of
levels determined by the appropriate Federal agency to pose a threat of adverse health
effects in pregnant women or young children.
(17) Lead-contaminated soil. The term "lead-contaminated soil" means bare soil on
residential real property that contains lead at or in excess of the levels determined to be
hazardous to human health by the appropriate Federal agency.
(18) Mortgage loan. The term "mortgage loan" includes any loan (other than temporary
financing such as a construction loan) that –
(A) is secured by a first lien on any interest in residential real property; and
(B) either –
(i) is insured, guaranteed, made, or assisted by the Department of Housing
and Urban Development, the Department of Veterans Affairs, or the
Farmers Home Administration, or by any other agency of the Federal
Government; or
(ii) is intended to be sold by each originating mortgage institution to any
federally chartered secondary mortgage market institution.
(19) Originating mortgage institution. The term "originating mortgage institution" means
a lender that provides mortgage loans.
(20) Priority housing. The term "priority housing" means target housing that qualifies as
affordable housing under section 12745 of this title, including housing that receives
assistance under subsection (b) or (o) of section 1437f of this title.
(21) Public housing. The term "public housing" has the same meaning given the term in
section 1437a(b) of this title.
(22) Reduction. The term "reduction" means measures designed to reduce or eliminate
human exposure to lead-based paint hazards through methods including interim controls
and abatement.
(23) Residential dwelling. The term "residential dwelling" means –
(A) a single-family dwelling, including attached structures such as porches and
stoops; or
(B) a single-family dwelling unit in a structure that contains more than 1
separate residential dwelling unit, and in which each such unit is used or
occupied, or intended to be used or occupied, in whole or in part, as the home or
residence of 1 or more persons.
(24) Residential real property. The term "residential real property" means real property on
which there is situated 1 or more residential dwellings used or occupied, or intended to be
used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(25) Risk assessment. The term "risk assessment" means an on-site investigation to
determine and report the existence, nature, severity and location of lead-based paint
hazards in the residential dwellings, including –
(A) information gathering regarding the age and history of the housing and
occupancy by children under age 6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sampling techniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the investigation.
(26) Secretary. The term "Secretary" means the Secretary of Housing and Urban
Development.
(27) Target housing. The term "target housing" means any housing constructed prior to
1978, except housing for the elderly or persons with disabilities (unless any child who is
less than 6 years of age resides or is expected to reside in such housing for the elderly or
persons with disabilities) or any 0-bedroom dwelling. In the case of jurisdictions which
banned the sale or use of lead-based paint prior to 1978, the Secretary, at the Secretary's
discretion, may designate an earlier date.
SUBCHAPTER I -- LEAD-BASED PAINT HAZARD REDUCTION
42 U.S.C. § 4852 (2011). GRANTS FOR LEAD-BASED PAINT HAZARD
REDUCTION IN TARGET HOUSING.
(a) General Authority. The Secretary is authorized to provide grants to eligible applicants
to evaluate and reduce lead-based paint hazards in priority housing that is not federally
assisted housing, federally owned housing, or public housing, in accordance with the
provisions of this section. Grants shall only be made under this section to provide
assistance for housing which meets the following criteria—
(1) for grants made to assist rental housing, at least 50 percent of the units must
be occupied by or made available to families with incomes at or below 50
percent of the area median income level and the remaining units shall be
occupied or made available to families with incomes at or below 80 percent of
the area median income level, and in all cases the landlord shall give priority in
renting units assisted under this section, for not less than 3 years following the
completion of lead abatement activities, to families with a child under the age of
six years, except that buildings with five or more units may have 20 percent of
the units occupied by families with incomes above 80 percent of area median
income level;
(2) for grants made to assist housing owned by owner-occupants, all units
assisted with grants under this section shall be the principal residence of
families with income at or below 80 percent of the area median income level,
and not less than 90 percent of the units assisted with grants under this section
shall be occupied by a child under the age of six years or shall be units where a
child under the age of six years spends a significant amount of time visiting;
and
(3) notwithstanding paragraphs (1) and (2), Round II grantees who receive
assistance under this section may use such assistance for priority housing.
(b) Eligible Applicants. A State or unit of local government that has an approved
comprehensive housing affordability strategy under section 12705 of this title is eligible
to apply for a grant under this section.
(c) Form of Applications. To receive a grant under this section, a State or unit of local
government shall submit an application in such form and in such manner as the Secretary
shall prescribe. An application shall contain –
(1) a copy of that portion of an applicant's comprehensive housing affordability
strategy required by section 12705(b)(16) of this title;
(2) a description of the amount of assistance the applicant seeks under this
section;
(3) a description of the planned activities to be undertaken with grants under
this section, including an estimate of the amount to be allocated to each activity;
(4) a description of the forms of financial assistance to owners and occupants of
priority housing that will be provided through grants under this section; and
(5) such assurances as the Secretary may require regarding the applicant's
capacity to carry out the activities.
(d) Selection Criteria. The Secretary shall award grants under this section on the basis of
the merit of the activities proposed to be carried out and on the basis of selection criteria,
which shall include –
(1) the extent to which the proposed activities will reduce the risk of lead-based
paint poisoning to children under the age of 6 who reside in priority housing;
(2) the degree of severity and extent of lead-based paint hazards in the
jurisdiction to be served;
(3) the ability of the applicant to leverage State, local, and private funds to
supplement the grant under this section;
(4) the ability of the applicant to carry out the proposed activities; and
(5) such other factors as the Secretary determines appropriate to ensure that
grants made available under this section are used effectively and to promote the
purposes of this chapter.
(e) Eligible Activities. A grant under this section may be used to –
(1) perform risk assessments and inspections in housing;
(2) provide for the interim control of lead-based paint hazards in priority
housing;
(3) provide for the abatement of lead-based paint hazards in priority housing;
(4) provide for the additional cost of reducing lead-based paint hazards in units
undergoing renovation funded by other sources;
(5) ensure that risk assessments, inspections, and abatements are carried out by
certified contractors in accordance with section 2682 of Title 15;
(6) monitor the blood-lead levels of workers involved in lead hazard reduction
activities funded under this section;
(7) assist in the temporary relocation of families forced to vacate priority
housing while lead hazard reduction measures are being conducted;
(8) educate the public on the nature and causes of lead poisoning and measures
to reduce the exposure to lead, including exposure due to residential lead-based
paint hazards;
(9) test soil, interior surface dust, and the blood-lead levels of children under the
age of 6 residing in priority housing after lead-based paint hazard reduction
activity has been conducted, to assure that such activity does not cause
excessive exposures to lead; and
(10) carry out such activities that the Secretary determines appropriate to
promote the purposes of this Act.
(f) Forms of Assistance. The applicant may provide the services described in this section
through a variety of programs, including grants, loans, equity investments, revolving loan
funds, loan funds, loan guarantees, interest write-downs, and other forms of assistance
approved by the Secretary.
(g) Technical Assistance and Capacity Building. –
(1) In general. The Secretary shall develop the capacity of eligible applicants to
carry out the requirements of section 12705(b)(16) of this title and to carry out
activities under this section. In fiscal years 1993 and 1994, the Secretary may
make grants of up to $200,000 for the purpose of establishing State training,
certification or accreditation programs that meet the requirements of section
2682 of Title 15.
(2) Set-aside. Of the total amount approved in appropriation Acts under
subsection (o), there shall be set aside to carry out this subsection $ 3,000,000
for fiscal year 1993 and $ 3,000,000 for fiscal year 1994.
(h) Matching Requirement. Each recipient of a grant under this section shall make
contributions toward the cost of activities that receive assistance under this section in an
amount not less than 10 percent of the total grant amount under this section.
(i) Prohibition of Substitution of Funds. Grants under this subtitle may not be
used to replace other amounts made available or designated by State or local
governments for use for the purposes under this subtitle.
(j) Limitation on Use. An applicant shall ensure that not more than 10 percent of the grant
will be used for administrative expenses associated with the activities funded.
(k) Financial Records. An applicant shall maintain and provide the Secretary with
financial records sufficient, in the determination of the Secretary, to ensure proper
accounting and disbursing of amounts received from a grant under this section.
(l) Report. An applicant under this section shall submit to the Secretary, for any fiscal
year in which the applicant expends grant funds under this section, a report that –
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number of inspections
conducted in residential dwellings;
(3) states the number of residential dwellings in which lead- based paint hazards
have been reduced through interim controls;
(4) states the number of residential dwellings in which lead- based paint hazards
have been abated; and
(5) provides any other information that the Secretary determines to be
appropriate.
(m) Notice of Funding Availability. The Secretary shall publish a Notice of Funding
Availability pursuant to this section not later than 120 days after funds are appropriated
for this section.
(n) Relationship to Other Law. Effective 2 years after the date of promulgation of
regulations under section 2682 of Title 15, no grants for lead-based paint hazard
evaluation or reduction may be awarded to a State under this section unless each State
has an authorized program under section 2684 of Title 15.
(o) Environmental review. (1) In general. For purposes of environmental review,
decisionmaking, and action pursuant to the National Environmental Policy Act of 1969
[42 U.S.C.A. § 4321 et seq.] and other provisions of law that further the purposes of such
Act, a grant under this section shall be treated as assistance under the HOME Investment
Partnership Act, established under title II of the Cranston-Gonzalez National Affordable
Housing Act [42 U.S.C.A. § 12721 et seq.], and shall be subject to the regulations
promulgated by the Secretary to implement section 288 of such Act [42 U.S.C.A. §
12838].
(2) Applicability. This subsection shall apply to—
(a) grants awarded under this section; and
(b) grants awarded to States and units of general local government for
the abatement of significant lead-based paint and lead dust hazards in
low- and moderate-income owner-occupied units and low-income
privately owned rental units pursuant to title II of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1992 (Public Law 102139, 105 Stat. 736).
(p) Authorization of Appropriations. For the purposes of carrying out this Act, there are
authorized to be appropriated $ 125,000,000 for fiscal year 1993 and $ 250,000,000 for
fiscal year 1994.
Case Law
Persons entitled to maintain action. City housing authority allegedly violated
the Residential Lead-Based Paint Hazard Reduction Act’s disclosure
provisions. Minor children residing in public housing rental properties did not
have any cause of action based on these allegations since the children were not
purchasers nor lessees of the properties at issue. L.B. III v. Housing Authority
of Louisville, 345 F.Supp.2d 725 (2004).
42 U.S.C. § 4852(a) (2011). TASK FORCE ON LEAD-BASED PAINT HAZARD
REDUCTION AND FINANCING
(a) In general. The Secretary, in consultation with the Administrator of the Environmental
Protection Agency, shall establish a task force to make recommendations on expanding
resources and efforts to evaluate and reduce lead-based paint hazards in private housing.
(b) Membership. The task force shall include individuals representing the Department of
Housing and Urban Development, the Farmers Home Administration, the Department of
Veterans Affairs, the Federal Home Loan Mortgage Corporation, the Federal National
Mortgage Association, the Environmental Protection Agency, employee organizations in
the building and construction trades industry, landlords, tenants, primary lending
institutions, private mortgage insurers, single-family and multifamily real estate interests,
nonprofit housing developers, property liability insurers, public housing agencies, lowincome housing advocacy organizations, national, State and local lead-poisoning
prevention advocates and experts, and community-based organizations located in areas
with substantial rental housing.
(c) Responsibilities. The task force shall make recommendations to the Secretary and the
Administrator of the Environmental Protection Agency concerning—
(1) incorporating the need to finance lead-based paint hazard reduction into
underwriting standards;
(2) developing new loan products and procedures for financing lead-based paint
hazard evaluation and reduction activities;
(3) adjusting appraisal guidelines to address lead safety;
(4) incorporating risk assessments or inspections for lead-based paint as a routine
procedure in the origination of new residential mortgages;
(5) revising guidelines, regulations, and educational pamphlets issued by the
Department of Housing and Urban Development and other Federal agencies
relating to lead-based paint poisoning prevention;
(6) reducing the current uncertainties of liability related to lead-based paint in
rental housing by clarifying standards of care for landlords and lenders, and
by exploring the “safe harbor” concept;
(7) increasing the availability of liability insurance for owners of rental housing
and certified contractors and establishing alternative systems to compensate
victims of lead-based paint poisoning; and
(8) evaluating the utility and appropriateness of requiring risk assessments or
inspections and notification to prospective lessees of rental housing
(d) Compensation. The members of the task force shall not receive Federal compensation
for their participation.
42 U.S.C. § 4852(b) (2011). NATIONAL CONSULTATION ON LEAD-BASED
PAINT HAZARD REDUCTION
In carrying out this chapter, the Secretary shall consult on an ongoing basis with the
Administrator of the Environmental Protection Agency, the Director of the Centers for
Disease Control, other Federal agencies concerned with lead poisoning prevention, and
the task force established pursuant to section 4852a of this title.
42 U.S.C. § 4852(c) (2011). GUIDELINES FOR LEAD-BASED PAINT HAZARD
EVAULATION AND REDUCTION ACTIVITIES
Not later than 12 months after October 28, 1992, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, the Secretary of Labor, and the
Secretary of Health and Human Services (acting through the Director of the Centers for
Disease Control), shall issue guidelines for the conduct of federally supported work
involving risk assessments, inspections, interim controls, and abatement of lead-based
paint hazards. Such guidelines shall be based upon criteria that measure the condition of
the housing (and the presence of children under age 6 for the purposes of risk
assessments) and shall not be based upon criteria that measure the health of the residents
of the housing.
42 U.S.C. § 4852(d) (2011). DISCLOSURE OF INFORMATION CONCERNING
LEAD UPON TRANSFER OF RESIDENTIAL PROPERTY
(a) Lead disclosure in purchase and sale or lease of target housing.
(1) Lead-based paint hazards. Not later than 2 years after October 28, 1992, the
Secretary and the Administrator of the Environmental Protection Agency shall
promulgate regulations under this section for the disclosure of lead-based paint
hazards in target housing which is offered for sale or lease. The regulations
shall require that, before the purchaser or lessee is obligated under any contract
to purchase or lease the housing, the seller or lessor shall-(A) provide the purchaser or lessee with a lead hazard information
pamphlet, as prescribed by the Administrator of the Environmental
Protection Agency under section 406 of the Toxic Substances Control
Act [15 U.S.C.A. § 2686];
(B) disclose to the purchaser or lessee the presence of any known
lead-based paint, or any known lead-based paint hazards, in such
housing and provide to the purchaser or lessee any lead hazard
evaluation report available to the seller or lessor; and
(C) permit the purchaser a 10-day period (unless the parties mutually
agree upon a different period of time) to conduct a risk assessment or
inspection for the presence of lead-based paint hazards.
(2) Contract for purchase and sale. Regulations promulgated under this section
shall provide that every contract for the purchase and sale of any interest in
target housing shall contain a Lead Warning Statement and a statement signed
by the purchaser that the purchaser has—
(A) read the Lead Warning Statement and understands its contents;
(B) received a lead hazard information pamphlet; and
(C) had a 10-day opportunity (unless the parties mutually agreed upon
a different period of time) before becoming obligated under the
contract to purchase the housing to conduct a risk assessment or
inspection for the presence of lead-based paint hazards.
(3) Contents of Lead Warning Statement. The Lead Warning Statement shall
contain the following text printed in large type on a separate sheet of paper
attached to the contract:
“Every purchaser of any interest in residential real property on which
a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may
place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological
damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also
poses a particular risk to pregnant women. The seller of any interest in
residential real property is required to provide the buyer with any
information on lead-based paint hazards from risk assessments or
inspections in the seller’s possession and notify the buyer of any
known lead-based paint hazards. A risk assessment or inspection for
possible lead-based paint hazards is recommended prior to purchase.”
(4) Compliance assurance. Whenever a seller or lessor has entered into a contract
with an agent for the purpose of selling or leasing a unit of target housing, the
regulations promulgated under this section shall require the agent, on behalf of
the seller or lessor, to ensure compliance with the requirements of this section.
(5) Promulgation. A suit may be brought against the Secretary of Housing and
Urban Development and the Administrator of the Environmental Protection
Agency under section 20 of the Toxic Substances Control Act [15 U.S.C.A. §
2619] to compel promulgation of the regulations required under this section
and the Federal district court shall have jurisdiction to order such
promulgation.
(b) Penalties for violations.
(1) Monetary penalty. Any person who knowingly violates any provision of this
section shall be subject to civil money penalties in accordance with the
provisions of section 3545 of this title.
(2) Action by Secretary. The Secretary is authorized to take such lawful action
as may be necessary to enjoin any violation of this section.
(3) Civil liability. Any person who knowingly violates the provisions of this
section shall be jointly and severally liable to the purchaser or lesseee in an
amount equal to 3 times the amount of damages incurred by such individual.
(4) Costs. In any civil action brought for damages pursuant to paragraph (3), the
appropriate court may award court costs to the party commencing such
action, together with reasonable attorney fees and any expert witness fees, if
that party prevails.
(5) Prohibited Act. It shall be a prohibited act under section 409 of the Toxic
Substances Control Act [15 U.S.C.A. § 2689] for any person to fail or
refuse to comply with a provision of this section or with any rule or order
issued under this section. For purposes of enforcing this section under the
Toxic Substances Control Act [15 U.S.C.A. §2601 et seq.], the penalty for
each violation applicable under section 16 of that Act [15 U.S.C.A. §2615]
shall not be more than $10,000.
(c) Validity of contracts and liens. Nothing in this section shall affect the validity or
enforceability of any sale or contract for the purchase and sale or lease of any interest in
residential real property or any loan, loan agreement, mortgage, or lien made or arising in
connection with a mortgage loan, nor shall anything in this section create a defect in title.
(d) Effective date. The regulations under this section shall take effect 3 years after
October 28, 1992.
SUBCHAPTER II – WORKER PROTECTION
42 U.S.C. § 4853 (2011). WORKER PROTECTION
Not later than 180 days after October 28, 1992, the Secretary of Labor shall issue an
interim final regulation regulating occupational exposure to lead in the construction
industry. Such interim final regulation shall provide employment and places of
employment to employees which are as safe and healthful as those which would prevail
under the Department of Housing and Urban Development guidelines published at
Federal Register 55, page 38973 (September 28, 1990) (Revised Chapter 8). Such interim
final regulations shall take effect upon issuance (except that such regulations may include
a reasonable delay in the effective date), shall have the legal effect of an Occupational
Safety and Health Standard, and shall apply until a final standard becomes effective
under section 655 of Title 29.
42 U.S.C. § 4853(a) (2011). COORDINATION BETWEEN ENVIRONMENTAL
PROTECTION AGENCY AND DEPARTMENT OF LABOR
The Secretary of Labor, in promulgating regulations under section 4853 of this title, shall
consult and coordinate with the Administrator of the Environmental Protection Agency
for the purpose of achieving the maximum enforcement of title IV of the Toxic
Substances Control Act [15 U.S.C.A. § 2681 et seq.] and the Occupational Safety and
Health Act of 1970 [29 U.S.C.A. § 651 et seq.] while imposing the least burdens of
duplicative requirements on those subject to such title and Act and for other purposes.
SUBCHAPTER III – RESEARCH AND DEVELOPMENT
Part 1- HUD RESEARCH
42 U.S.C. § 4854 (2011). RESEARCH ON LEAD EXPOSURE FROM OTHER
SOURCES
The Secretary, in cooperation with other Federal agencies, shall conduct research on
strategies to reduce the risk of lead exposure from other sources, including exterior soil
and interior lead dust in carpets, furniture, and forced air ducts.
42 U.S.C. § 4854(a) (2011). TESTING TECHNOLOGIES
The Secretary, in cooperation with other Federal agencies, shall conduct research to—
(1) develop improved methods for evaluating lead-based paint hazards in housing;
(2) develop improved methods for reducing lead-based paint hazards in housing;
(3) develop improved methods for measuring lead in paint films, dust, and soil
samples;
(4) establish performance standards for various detection methods, including spot test
kits;
(5) establish performance standards for lead-based paint hazard reduction methods,
including the use of encapsulants;
(6) establish appropriate cleanup standards;
(7) evaluate the efficacy of interim controls in various hazard situations;
(8) evaluate the relative performance of various abatement techniques;
(9) evaluate the long-term cost-effectiveness of interim control and abatement
strategies; and
(10) assess the effectiveness of hazard evaluation and reduction activities funded by
this chapter.
42 U.S.C. § 4854(b) (2011). AUTHORIZATION
Of the total amount approved in appropriation Acts under section 4852(o) of this title,
there shall be set aside to carry out this party $5,000,000 for fiscal year 1993, and
$5,000,000 for fiscal year 1994.
Part 2- GAO REPORT
42 U.S.C. § 4855 (2011). FEDERAL IMPLEMENTATION AND INSURANCE
STUDY
(a) Federal Implementation Study. The Comptroller General of the United States shall
assess the effectiveness of Federal enforcement and compliance with lead safety laws and
regulations, including any changes needed in annual inspection procedures to identify
lead-based paint hazards in units receiving assistance under subsections (b) and (o) of
section 1437f of this title.
(b) Insurance Study. The Comptroller General of the United States shall assess the
availability of liability insurance for owners of residential housing that contains leadbased paint and persons engaged in lead-based paint hazard evaluation and reduction
activities. In carrying out the assessment, the Comptroller General shall—
(1) analyze any precedents in the insurance industry for the containment and
abatement of environmental hazards, such as asbestos, in federally assisted
housing;
(2) provide an assessment of the recent insurance experience in the public
housing lead hazard identification and reduction program; and
(3) recommend measures for increasing the availability of liability insurance to
owners and contractors engaged in federally supported work.
SUBCHAPTER IV – REPORTS
42 U.S.C. § 4856 (2011). REPORTS OF SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
(a) Annual Report. The Secretary shall transmit to the Congress an annual report that-(1) sets forth the Secretary’s assessment of the progress made in implementing
the various programs authorized by this chapter;
(2) summarizes the most current health and environmental studies on childhood
lead poisoning, including studies that analyze the relationship between
interim control and abatement activities and the incidence of lead poisoning
in resident children;
(3) recommends legislative and administrative initiatives that may improve the
performance by the Department of Housing and Urban Development in
combating lead hazards through the expansion of lead hazard evaluation and
reduction activities;
(4) describes the results of research carried out in accordance with subchapter
III of this chapter; and
(5) estimates the amount of Federal assistance annually expended on lead
hazard evaluation and reduction activities.
(b) Biennial Report. (1) In general. 24 months after October 28, 1992, and at the end of
every 24-month period thereafter, the Secretary shall report to the Congress on the
progress of the Department of Housing and Urban Development in implementing
expanded lead-based paint hazard evaluation and reduction activities.
(2) Contents. The report shall-(A) assess the effectiveness of section 4852d of this title in making the
public aware of lead-based paint hazards;
(B) estimate the extent to which lead-based paint hazard evaluation and
reduction activities are being conducted in the various categories of
housing;
(C) monitor and report expenditures for lead-based paint hazard evaluation
and reduction for programs within the jurisdiction of the Department
of Housing and Urban Development;
(D) identify the infrastructure needed to eliminate lead-based paint hazards
in all housing as expeditiously as possible, including cost-effective
technology, standards and regulations, trained and certified
contractors, certified laboratories, liability insurance, private financing
techniques, and appropriate Government subsidies;
(E) assess the extent to which the infrastructure described in subparagraph
(D) exists, make recommendations to correct shortcomings, and
provide estimates of the costs of measures needed to build an adequate
infrastructure; and
(F) include any additional information that the Secretary deems
appropriate.
II. FEDERAL HUD LEAD-BASED PAINT REGULATIONS 1012/1013 (LEAD
SAFE HOUSING RULE)
Federal Regulations against using dangerous methods of removing paint took effect on
September 15, 2000. The purpose of these regulations is to protect young children from
lead-based paint hazards in housing that is financially assisted or sold by the federal
government.
While the specific requirements of the regulations differ from property to property
depending upon the nature of federal involvement, the type, amount, and duration of
financial assistance, the age of the structure, and whether the unit is a rental or owneroccupied, some of the most common hazard evaluation and control requirements are:
-
A risk assessment to identify lead-based paint hazards
-
Stabilization of any deteriorated paint, including correction of any moisture
leaks or other obvious causes of paint deterioration, as well as repainting
(paint stabilization is not required if the paint is tested and found not to be
lead-based paint)
-
“Clearance” (scientific testing of settled dust for lead) following paint
stabilization to ensure that there has been satisfactory cleanup of dust, paint
chips and other debris
-
Ongoing maintenance of the paint to ensure that the housing remains lead safe
and that lead-based paint hazards do not reappear
-
Interim control measures to eliminate any hazards that are identified
The following properties are exempt from the regulation, either because lead paint is
unlikely to be present, or because children will not occupy the house in the future:
-
Housing built after January 1, 1978 (when lead paint was banned for
residential use)
-
Housing exclusively for the elderly or people with disabilities, unless a child
under age 6 is expected to reside there
-
Zero bedroom dwellings, including efficiency apartments, single-room
occupancy housing, dormitories, or military barracks
-
Property that has been found to be free of lead-based paint by a certified leadbased paint inspector
-
Property where all lead-based paint has been removed
-
Unoccupied housing that will remain vacant until it is demolished
-
Non-residential property
-
Any rehabilitation or housing improvement that does not disturb a painted
surface
-
Emergency repair actions needed to safeguard against imminent danger to
human life, health or safety, or to protect property from further structural
damage
-
Emergency housing assistance (as for the homeless), unless the assistance
lasts for more than 100 days, in which case the rule does apply
III. FEDERAL LEAD-BASED PAINT PRE-RENOVATION EDUCATION RULE
9 (LEAD PRE RULE)
1) The Lead PRE Rule addresses those contractors, property managers, and others who
perform renovations for compensation in residential housing that may contain lead paint.
In summary, the Lead PRE Rule will apply, and its guidelines must be abided by, if all of
the following exist:
1) Work is being done for compensation
2) Work is being done in a pre-1978 home or apartment building
3) The work involved renovations which disturb painted surfaces
4) None of the following conditions are present:
-The work is an emergency renovation
-The work is a lead abatement project
-The work consists of minor repairs or maintenance that disturbs two (2)
square feet or less of painted surfaces
-The housing or its components have been determined to be lead-based
paint free by a certified inspector or risk assessor
-The housing is a zero-bedroom dwelling
-The housing is for the elderly or disabled, and children are not expected
to reside there
2) If the work fulfills each of the previous four factors, the residential property owners or
managers and contractors associated with the work must:
-Distribute a lead pamphlet entitled “Protect Your Family from Lead in Your
Home” to the housing owner and occupants before renovation starts
-Obtain confirmation of receipt of lead pamphlet from the owner and occupants or
a certification of mailing from the post office
-For work in common areas of multi-family housing, distribute renovation notices
to tenants
-Retain records for three years
3) If the work does not fulfill one of the four factors, then the Lead PRE Rule does not
apply.
IV. LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES (42 U.S.C. § 745 (2011)).
Subpart D – Lead-Based Paint Hazards
42 U.S.C. § 745.61 (2011). Scope and applicability
42 U.S.C. § 745.63 (2011). Definitions
42 U.S.C. § 745.65 (2011). Lead-Based Paint Hazards
Subpart E – Residential Property Renovation
42 U.S.C. § 745.80 (2011). Purpose
42 U.S.C. § 745.81 (2011). Effective Dates
42 U.S.C. § 745.82 (2011). Applicability
42 U.S.C. § 745.83 (2011). Definitions
42 U.S.C. § 745.84 (2011). Information distribution requirements
42 U.S.C. § 745.85 (2011). Work practice standards
42 U.S.C. § 745.86 (2011). Recordkeeping and reporting requirements
42 U.S.C. § 745.87 (2011). Enforcement and Inspections
42 U.S.C. § 745.88 (2011). Recognized test kits
42 U.S.C. § 745.89 (2011). Firm certification
42 U.S.C. § 745.90 (2011). Renovator certification and dust sampling
technician certification
42 U.S.C. § 745.91 (2011). Suspending, revoking, or modifying an
individual’s or firm’s certification
42 U.S.C. § 745.92 (2011). Fees for the accreditation of renovation and dust
sampling technician training and the certification of renovation firms
Subpart F – Disclosure of Known Lead-Based Paint and/or Lead-Based Paint
Hazards Upon Sale or Lease of Residential Property
42 U.S.C. § 745.100 (2011). Purpose
42 U.S.C. § 745.101 (2011). Scope and applicability
42 U.S.C. § 745.102 (2011). Effective dates
42 U.S.C. § 745.103 (2011). Definitions
42 U.S.C. § 745.107 (2011). Disclosure requirements for sellers and lessors
42 U.S.C. § 745.110 (2011). Opportunity to conduct an evaluation
42 U.S.C. § 745.113 (2011). Certification and acknowledgement of disclosure
42 U.S.C. § 745.115 (2011). Agent responsibilities
42 U.S.C. § 745.118 (2011). Enforcement
42 U.S.C. § 745.119 (2011). Impact on State and local requirements
Subpart L – Lead-Based Paint Activities
42 U.S.C. § 745.220 (2011). Scope and applicability
42 U.S.C. § 745.223 (2011). Definitions
42 U.S.C. § 745.225 (2011). Accreditation of training programs: target
housing and child-occupied facilities
42 U.S.C. § 745.226 (2011). Certification of individuals and firms engaged in
lead-based paint activities: target housing and child-occupied facilities
42 U.S.C. § 745.227 (2011). Work practice standards for conducting leadbased paint activities: target housing and child-occupied facilities
42 U.S.C. § 745.233 (2011). Lead-based paint activities requirements
42 U.S.C. § 745.235 (2011). Enforcement
42 U.S.C. § 745.237 (2011)). Inspections
42 U.S.C. § 745.238 (2011). Fees for accreditation and certification of leadbased paint activities
42 U.S.C. § 745.239 (2011). Effective dates
Subpart Q – State and Indian Tribal Programs
42 U.S.C. § 745.320 (2011). Scope and purpose
42 U.S.C. § 745.323 (2011). Definitions
42 U.S.C. § 745.324 (2011). Authorization of State or Tribal programs
42 U.S.C. § 745.325 (2011). Lead-based paint activities: State and Tribal
program requirements
42 U.S.C. § 745.326 (2011). Renovation: State and Tribal program
requirements
42 U.S.C. § 745.327 (2011). State or Indian Tribal lead-based paint
compliance and enforcement programs
42 U.S.C. § 745.339 (2011). Effective date
SUBPART D –LEAD-BASED PAINT HAZARDS
42 U.S.C. § 745.61 (2011). Scope and applicability
(a) This subpart identifies lead-based paint hazards.
(b) The standards for lead-based paint hazards apply to target housing and child-occupied
facilities.
(c) Nothing in this subpart requires the owner of property(ies) subject to these standards
to evaluate the property(ies) for the presence of lead-based paint hazards or take any
action to control these conditions if one or more of them is identified.
42 U.S.C. § 745.63 (2011). Definitions
The following definitions apply to part 745.
Arithmetic mean means the algebraic sum of data values divided by the number of data
values (e.g., the sum of the concentration of lead in several soil samples divided by the
number of samples).
Chewable surface means an interior or exterior surface painted with lead-based paint that
a young child can mouth or chew. A chewable surface is the same as an "accessible
surface" as defined in 42 U.S.C. 4851b(2)). Hard metal substrates and other materials that
cannot be dented by the bite of a young child are not considered chewable.
Common area group means a group of common areas that are similar in design,
construction, and function. Common area groups include, but are not limited to hallways,
stairwells, and laundry rooms.
Concentration means the relative content of a specific substance contained within a larger
mass, such as the amount of lead (in micrograms per gram or parts per million by weight)
in a sample of dust or soil.
Deteriorated paint means any interior or exterior paint or other coating that is peeling,
chipping, chalking or cracking, or any paint or coating located on an interior or exterior
surface or fixture that is otherwise damaged or separated from the substrate.
Dripline means the area within 3 feet surrounding the perimeter of a building.
Friction surface means an interior or exterior surface that is subject to abrasion or
friction, including, but not limited to, certain window, floor, and stair surfaces.
Impact surface means an interior or exterior surface that is subject to damage by repeated
sudden force such as certain parts of door frames.
Interior window sill means the portion of the horizontal window ledge that protrudes into
the interior of the room.
Lead-based paint hazard means hazardous lead-based paint, dust-lead hazard or soil-lead
hazard as identified in § 745.65.
Loading means the quantity of a specific substance present per unit of surface area, such
as the amount of lead in micrograms contained in the dust collected from a certain
surface area divided by the surface area in square feet or square meters.
Mid-yard means an area of a residential yard approximately midway between the dripline
of a residential building and the nearest property boundary or between the driplines of a
residential building and another building on the same property.
Play area means an area of frequent soil contact by children of less than 6 years of age as
indicated by, but not limited to, such factors including the following: the presence of play
equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's
possessions, observations of play patterns, or information provided by parents, residents,
care givers, or property owners.
Residential building means a building containing one or more residential dwellings.
Room means a separate part of the inside of a building, such as a bedroom, living room,
dining room, kitchen, bathroom, laundry room, or utility room. To be considered a
separate room, the room must be separated from adjoining rooms by built-in walls or
archways that extend at least 6 inches from an intersecting wall. Half walls or bookcases
count as room separators if built-in. Movable or collapsible partitions or partitions
consisting solely of shelves or cabinets are not considered built-in walls. A screened in
porch that is used as a living area is a room.
Soil sample means a sample collected in a representative location using ASTM E1727,
"Standard Practice for Field Collection of Soil Samples for Lead Determination by
Atomic Spectrometry Techniques," or equivalent method.
Weighted arithmetic mean means the arithmetic mean of sample results weighted by the
number of subsamples in each sample. Its purpose is to give influence to a sample
relative to the surface area it represents. A single surface sample is comprised of a single
subsample. A composite sample may contain from two to four subsamples of the same
area as each other and of each single surface sample in the composite. The weighted
arithmetic mean is obtained by summing, for all samples, the product of the sample's
result multiplied by the number of subsamples in the sample, and dividing the sum by the
total number of subsamples contained in all samples. For example, the weighted
arithmetic mean of a single surface sample containing60 [mu]g/ft<2>, a composite
sample (three subsamples) containing 100 [mu]g/ft<2>, and a composite sample (4
subsamples) containing 110 [mu]g/ft<2> is 100 [mu]g/ft<2>. This result is based on the
equation [60+(3*100)+(4*110)]/(1+3+4).
Window trough means, for a typical double-hung window, the portion of the exterior
window sill between the interior window sill (or stool) and the frame of the storm
window. If there is no storm window, the window trough is the area that receives both the
upper and lower window sashes when they are both lowered. The window trough is
sometimes referred to as the window "well."
Wipe sample means a sample collected by wiping a representative surface of known area,
as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust
Samples Using Wipe Sampling Methods for Lead Determination by Atomic
Spectrometry Techniques, or equivalent method, with an acceptable wipe material as
defined in ASTM E 1792, "Standard Specification for Wipe Sampling Materials for Lead
in Surface Dust."
42 U.S.C. § 745.65 (2011). Lead-Based Paint Hazards
(a) Paint-lead hazard. A paint-lead hazard is any of the following:
(1) Any lead-based paint on a friction surface that is subject to abrasion and where
the lead dust levels on the nearest horizontal surface underneath the friction
surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead
hazard levels identified in paragraph (b) of this section.
(2) Any damaged or otherwise deteriorated lead-based paint on an impact surface
that is caused by impact from a related building component (such as a door knob
that knocks into a wall or a door that knocks against its door frame.
(3) Any chewable lead-based painted surface on which there is evidence of teeth
marks.
(4) Any other deteriorated lead-based paint in any residential building or childoccupied facility or on the exterior of any residential building or child-occupied
facility.
(b) Dust-lead hazard. A dust-lead hazard is surface dust in a residential dwelling or childoccupied facility that contains a mass-per-area concentration of lead equal to or
exceeding 40 [mu]g/ft<2> on floors or 250 [mu]g/ft<2> on interior window sills based on
wipe samples.
(c) Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the
property of a child-occupied facility that contains total lead equal to or exceeding 400
parts per million ([mu]g/g) in a play area or average of 1,200 parts per million of bare soil
in the rest of the yard based on soil samples.
(d) Work practice requirements. Applicable certification, occupant protection, and
clearance requirements and work practice standards are found in regulations issued by
EPA at 40 CFR part 745, subpart L and in regulations issued by the Department of
Housing and Urban Development (HUD) at 24 CFR part 35, subpart R. The work
practice standards in those regulations do not apply when treating paint-lead hazards of
less than:
(1) Two square feet of deteriorated lead-based paint per room or equivalent,
(2) Twenty square feet of deteriorated paint on the exterior building, or
(3) Ten percent of the total surface area of deteriorated paint on an interior or
exterior type of component with a small surface area.
SUBPART E –RESIDENTIAL PROPERTY RENOVATION
42 U.S.C. § 745.80 (2011). Purpose
This subpart contains regulations developed under sections 402 and 406 of the Toxic
Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all renovations
performed for compensation in target housing and child-occupied facilities. The purpose
of this subpart is to ensure the following:
(a) Owners and occupants of target housing and child-occupied facilities receive
information on lead-based paint hazards before these renovations begin; and
(b) Individuals performing renovations regulated in accordance with § 745.82 are
properly trained; renovators and firms performing these renovations are certified; and the
work practices in § 745.85 are followed during these renovations.
42 U.S.C. § 745.81 (2011). Effective Dates
(a) Training, certification and accreditation requirements and work practice standards.
The training, certification and accreditation requirements and work practice standards in
this subpart are applicable in any State or Indian Tribal area that does not have a
renovation program that is authorized under subpart Q of this part. The training,
certification and accreditation requirements and work practice standards in this subpart
will become effective as follows:
(1) Training programs. Effective June 23, 2008, no training program may provide,
offer, or claim to provide training or refresher training for EPA certification as a
renovator or a dust sampling technician without accreditation from EPA under §
745.225. Training programs may apply for accreditation under § 745.225
beginning April 22, 2009.
(2) Firms.
(i) Firms may apply for certification under § 745.89 beginning October 22,
2009.
(ii) On or after April 22, 2010, no firm may perform, offer, or claim to
perform renovations without certification from EPA under § 745.89 in
target housing or child-occupied facilities, unless the renovation qualifies
for one of the exceptions identified in § 745.82(a) or (c).
(3) Individuals. On or after April 22, 2010, all renovations must be directed by
renovators certified in accordance with § 745.90(a) and performed by certified
renovators or individuals trained in accordance with § 745.90(b)(2) in target
housing or child-occupied facilities, unless the renovation qualifies for one of the
exceptions identified in § 745.82(a) or (c).
(4) Work practices. (i) On or after April 22, 2010 and before July 6, 2010 all
renovations must be performed in accordance with the work practice standards in
§ 745.85 and the associated recordkeeping requirements in § 745.86 (b)(6) in
target housing or child-occupied facilities, unless the renovation qualifies for one
of the exceptions identified in § 745.82(a). This does not apply to renovations in
target housing for which the firm performing the renovation has obtained a
statement signed by the owner that the renovation will occur in the owner's
residence, no child under age 6 resides there, the housing is not a child-occupied
facility, and the owner acknowledges that the work practices to be used during the
renovation will not necessarily include all of the lead-safe work practices
contained in EPA's renovation, repair, and painting rule. For the purposes of this
section, a child resides in the primary residence of his or her custodial parents,
legal guardians, and foster parents. A child also resides in the primary residence
of an informal caretaker if the child lives and sleeps most of the time at the
caretaker's residence.
(ii) On or after July 6, 2010, all renovations must be performed in
accordance with the work practice standards in § 745.85 and the
associated recordkeeping requirements in § 745.86(b)(1) and (b)(6) in
target housing or child-occupied facilities, unless the renovation qualifies
for the exception identified in § 745.82(a).
(5) The suspension and revocation provisions in § 745.91 are effective April 22,
2010.
(b) Renovation-specific pamphlet. Before December 22, 2008, renovators or firms
performing renovations in States and Indian Tribal areas without an authorized program
may provide owners and occupants with either of the following EPA pamphlets: Protect
Your Family From Lead in Your Home or Renovate Right: Important Lead Hazard
Information for Families, Child Care Providers and Schools. After that date, Renovate
Right: Important Lead Hazard Information for Families, Child Care Providers and
Schools must be used exclusively.
(c) Pre-Renovation Education Rule. With the exception of the requirement to use the
pamphlet entitled Renovate Right: Important Lead Hazard Information for Families,
Child Care Providers and Schools, the provisions of the Pre-Renovation Education Rule
in this subpart have been in effect since June 1999.
42 U.S.C. § 745.82 (2011). Applicability
(a) This subpart applies to all renovations performed for compensation in target housing
and child-occupied facilities, except for the following:
(1) Renovations in target housing or child-occupied facilities in which a written
determination has been made by an inspector or risk assessor (certified pursuant
to either Federal regulations at § 745.226 or a State or Tribal certification program
authorized pursuant to § 745.324) that the components affected by the renovation
are free of paint or other surface coatings that contain lead equal to or in excess of
1.0 milligrams/per square centimeter (mg <2>) or 0.5% by weight, where the firm
performing the renovation has obtained a copy of the determination.
(2) Renovations in target housing or child-occupied facilities in which a certified
renovator, using an EPA recognized test kit as defined in § 745.83 and following
the kit manufacturer's instructions, has tested each component affected by the
renovation and determined that the components are free of paint or other surface
coatings that contain lead equal to or in excess of 1.0 mg <2> or 0.5% by weight.
If the components make up an integrated whole, such as the individual stair treads
and risers of a single staircase, the renovator is required to test only one of the
individual components, unless the individual components appear to have been
repainted or refinished separately.
(b) The information distribution requirements in § 745.84 do not apply to emergency
renovations, which are renovation activities that were not planned but result from a
sudden, unexpected event (such as non-routine failures of equipment) that, if not
immediately attended to, presents a safety or public health hazard, or threatens equipment
and/or property with significant damage. Interim controls performed in response to an
elevated blood lead level in a resident child are also emergency renovations. Emergency
renovations other than interim controls are also exempt from the warning sign,
containment, waste handling, training, and certification requirements in §§ 745.85,
745.89, and 745.90 to the extent necessary to respond to the emergency. Emergency
renovations are not exempt from the cleaning requirements of § 745.85(a)(5), which must
be performed by certified renovators or individuals trained in accordance with §
745.90(b)(2), the cleaning verification requirements of § 745.85(b), which must be
performed by certified renovators, and the recordkeeping requirements of § 745.86(b)(6)
and (b)(7).
42 U.S.C. § 745.83 (2011). Definitions
For purposes of this part, the definitions in § 745.103 as well as the following definitions
apply:
Administrator means the Administrator of the Environmental Protection Agency.
Child-occupied facility means a building, or portion of a building, constructed prior to
1978, visited regularly by the same child, under 6 years of age, on at least two different
days within any week (Sunday through Saturday period), provided that each day's visit
lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the
combined annual visits last at least 60 hours. Child-occupied facilities may include, but
are not limited to, day care centers, preschools and kindergarten classrooms. Childoccupied facilities may be located in target housing or in public or commercial buildings.
With respect to common areas in public or commercial buildings that contain childoccupied facilities, the child-occupied facility encompasses only those common areas that
are routinely used by children under age 6, such as restrooms and cafeterias. Common
areas that children under age 6 only pass through, such as hallways, stairways, and
garages are not included. In addition, with respect to exteriors of public or commercial
buildings that contain child-occupied facilities, the child-occupied facility encompasses
only the exterior sides of the building that are immediately adjacent to the child-occupied
facility or the common areas routinely used by children under age 6.
Cleaning verification card means a card developed and distributed, or otherwise
approved, by EPA for the purpose of determining, through comparison of wet and dry
disposable cleaning cloths with the card, whether post-renovation cleaning has been
properly completed.
Component or building component means specific design or structural elements or
fixtures of a building or residential dwelling that are distinguished from each other by
form, function, and location. These include, but are not limited to, interior components
such as: Ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces,
radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair
stringers, newel posts, railing caps, balustrades, windows and trim (including sashes,
window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams,
bathroom vanities, counter tops, and air conditioners; and exterior components such as:
Painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias,
rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice
work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers,
columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and
air conditioners.
Dry disposable cleaning cloth means a commercially available dry, electrostatically
charged, white disposable cloth designed to be used for cleaning hard surfaces such as
uncarpeted floors or counter tops.
Firm means a company, partnership, corporation, sole proprietorship or individual doing
business, association, or other business entity; a Federal, State, Tribal, or local
government agency; or a nonprofit organization.
HEPA vacuum means a vacuum cleaner which has been designed with a high-efficiency
particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is
capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum
cleaner must be designed so that all the air drawn into the machine is expelled through
the HEPA filter with none of the air leaking past it.
Interim controls means a set of measures designed to temporarily reduce human exposure
or likely exposure to lead-based paint hazards, including specialized cleaning, repairs,
maintenance, painting, temporary containment, ongoing monitoring of lead-based paint
hazards or potential hazards, and the establishment and operation of management and
resident education programs.
Minor repair and maintenance activities are activities, including minor heating,
ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square
feet or less of painted surface per room for interior activities or 20 square feet or less of
painted surface for exterior activities where none of the work practices prohibited or
restricted by § 745.85(a)(3) are used and where the work does not involve window
replacement or demolition of painted surface areas. When removing painted components,
or portions of painted components, the entire surface area removed is the amount of
painted surface disturbed. Jobs, other than emergency renovations, performed in the same
room within the same 30 days must be considered the same job for the purpose of
determining whether the job is a minor repair and maintenance activity.
Pamphlet means the EPA pamphlet titled Renovate Right: Important Lead Hazard
Information for Families, Child Care Providers and Schools developed under section
406(a) of TSCA for use in complying with section 406(b) of TSCA, or any State or
Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the
same purpose. This includes reproductions of the pamphlet when copied in full and
without revision or deletion of material from the pamphlet (except for the addition or
revision of State or local sources of information). Before December 22, 2008, the term
"pamphlet" also means any pamphlet developed by EPA under section 406(a) of TSCA
or any State or Tribal pamphlet approved by EPA pursuant to § 745.326.
Person means any natural or judicial person including any individual, corporation,
partnership, or association; any Indian Tribe, State, or political subdivision thereof; any
interstate body; and any department, agency, or instrumentality of the Federal
Government.
Recognized test kit means a commercially available kit recognized by EPA under §
745.88 as being capable of allowing a user to determine the presence of lead at levels
equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by
weight, in a paint chip, paint powder, or painted surface.
Renovation means the modification of any existing structure, or portion thereof, that
results in the disturbance of painted surfaces, unless that activity is performed as part of
an abatement as defined by this part (40 CFR 745.223). The term renovation includes
(but is not limited to): The removal, modification or repair of painted surfaces or painted
components (e.g., modification of painted doors, surface restoration, window repair,
surface preparation activity (such as sanding, scraping, or other such activities that may
generate paint dust)); the removal of building components (e.g., walls, ceilings,
plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to
install blown-in insulation or to gain access to attics, planing thresholds to install
weather-stripping), and interim controls that disturb painted surfaces. A renovation
performed for the purpose of converting a building, or part of a building, into target
housing or a child-occupied facility is a renovation under this subpart. The term
renovation does not include minor repair and maintenance activities.
Renovator means an individual who either performs or directs workers who perform
renovations. A certified renovator is a renovator who has successfully completed a
renovator course accredited by EPA or an EPA-authorized State or Tribal program.
Training hour means at least 50 minutes of actual learning, including, but not limited to,
time devoted to lecture, learning activities, small group activities, demonstrations,
evaluations, and hands-on experience.
Wet disposable cleaning cloth means a commercially available, pre-moistened white
disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors
or counter tops.
Wet mopping system means a device with the following characteristics: A long handle, a
mop head designed to be used with disposable absorbent cleaning pads, a reservoir for
cleaning solution, and a built-in mechanism for distributing or spraying the cleaning
solution onto a floor, or a method of equivalent efficacy.
Work area means the area that the certified renovator establishes to contain the dust and
debris generated by a renovation.
42 U.S.C. § 745.84 (2011). Information distribution requirements
(a) Renovations in dwelling units. No more than 60 days before beginning renovation
activities in any residential dwelling unit of target housing, the firm performing the
renovation must:
(1) Provide the owner of the unit with the pamphlet, and comply with one of the
following:
(i) Obtain, from the owner, a written acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
(2) In addition to the requirements in paragraph (a)(1) of this section, if the owner
does not occupy the dwelling unit, provide an adult occupant of the unit with the
pamphlet, and comply with one of the following:
(i) Obtain, from the adult occupant, a written acknowledgment that the
occupant has received the pamphlet; or certify in writing that a pamphlet
has been delivered to the dwelling and that the firm performing the
renovation has been unsuccessful in obtaining a written acknowledgment
from an adult occupant. Such certification must include the address of the
unit undergoing renovation, the date and method of delivery of the
pamphlet, names of the persons delivering the pamphlet, reason for lack of
acknowledgment (e.g., occupant refuses to sign, no adult occupant
available), the signature of a representative of the firm performing the
renovation, and the date of signature.
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
(b) Renovations in common areas. No more than 60 days before beginning renovation
activities in common areas of multi-unit target housing, the firm performing the
renovation must:
(1) Provide the owner with the pamphlet, and comply with one of the following:
(i) Obtain, from the owner, a written acknowledgment that the owner has
received the pamphlet.
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
(2) Comply with one of the following.
(i) Notify in writing, or ensure written notification of, each affected unit
and make the pamphlet available upon request prior to the start of
renovation. Such notification shall be accomplished by distributing written
notice to each affected unit. The notice shall describe the general nature
and locations of the planned renovation activities; the expected starting
and ending dates; and a statement of how the occupant can obtain the
pamphlet and a copy of the records required by § 745.86(c) and (d), at no
cost to the occupants, or
(ii) While the renovation is ongoing, post informational signs describing
the general nature and locations of the renovation and the anticipated
completion date. These signs must be posted in areas where they are likely
to be seen by the occupants of all of the affected units. The signs must be
accompanied by a posted copy of the pamphlet or information on how
interested occupants can review a copy of the pamphlet or obtain a copy
from the renovation firm at no cost to occupants. The signs must also
include information on how interested occupants can review a copy of the
records required by § 745.86(c) and (d) or obtain a copy from the
renovation firm at no cost to the occupants.
(3) Prepare, sign, and date a statement describing the steps performed to notify all
occupants of the intended renovation activities and to provide the pamphlet.
(4) If the scope, locations, or expected starting and ending dates of the planned
renovation activities change after the initial notification, and the firm provided
written initial notification to each affected unit, the firm performing the
renovation must provide further written notification to the owners and occupants
providing revised information on the ongoing or planned activities. This
subsequent notification must be provided before the firm performing the
renovation initiates work beyond that which was described in the original notice.
(c) Renovations in child-occupied facilities. No more than 60 days before beginning
renovation activities in any child-occupied facility, the firm performing the renovation
must:
(1)(i) Provide the owner of the building with the pamphlet, and comply with one
of the following:
(A) Obtain, from the owner, a written acknowledgment that the owner has
received the pamphlet.
(B) Obtain a certificate of mailing at least 7 days prior to the renovation.
(ii) If the child-occupied facility is not the owner of the building, provide an adult
representative of the child-occupied facility with the pamphlet, and comply with
one of the following:
(A) Obtain, from the adult representative, a written acknowledgment that
the adult representative has received the pamphlet; or certify in writing
that a pamphlet has been delivered to the facility and that the firm
performing the renovation has been unsuccessful in obtaining a written
acknowledgment from an adult representative. Such certification must
include the address of the child-occupied facility undergoing renovation,
the date and method of delivery of the pamphlet, names of the persons
delivering the pamphlet, reason for lack of acknowledgment (e.g.,
representative refuses to sign), the signature of a representative of the firm
performing the renovation, and the date of signature.
(B) Obtain a certificate of mailing at least 7 days prior to the renovation.
(2) Provide the parents and guardians of children using the child- occupied facility
with the pamphlet, information describing the general nature and locations of the
renovation and the anticipated completion date, and information on how
interested parents or guardians of children frequenting the child-occupied facility
can review a copy of the records required by § 745.86(c) and (d) or obtain a copy
from the renovation firm at no cost to the occupants by complying with one of the
following:
(i) Mail or hand-deliver the pamphlet and the renovation information to
each parent or guardian of a child using the child-occupied facility.
(ii) While the renovation is ongoing, post informational signs describing
the general nature and locations of the renovation and the anticipated
completion date. These signs must be posted in areas where they can be
seen by the parents or guardians of the children frequenting the childoccupied facility. The signs must be accompanied by a posted copy of the
pamphlet or information on how interested parents or guardians of
children frequenting the child-occupied facility can review a copy of the
pamphlet or obtain a copy from the renovation firm at no cost to the
parents or guardians. The signs must also include information on how
interested parents or guardians of children frequenting the child-occupied
facility can review a copy of the records required by § 745.86(c) and (d) or
obtain a copy from the renovation firm at no cost to the parents or
guardians.
(3) The renovation firm must prepare, sign, and date a statement describing the
steps performed to notify all parents and guardians of the intended renovation
activities and to provide the pamphlet.
(d) Written acknowledgment. The written acknowledgments required by paragraphs
(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A) of this section must:
(1) Include a statement recording the owner or occupant's name and
acknowledging receipt of the pamphlet prior to the start of renovation, the address
of the unit undergoing renovation, the signature of the owner or occupant as
applicable, and the date of signature.
(2) Be either a separate sheet or part of any written contract or service agreement
for the renovation.
(3) Be written in the same language as the text of the contract or agreement for the
renovation or, in the case of non-owner occupied target housing, in the same
language as the lease or rental agreement or the pamphlet.
42 U.S.C. § 745.85 (2011). Work practice standards
(a) Standards for renovation activities. Renovations must be performed by certified firms
using certified renovators as directed in § 745.89. The responsibilities of certified firms
are set forth in § 745.89(d) and the responsibilities of certified renovators are set forth in
§ 745.90(b).
(1) Occupant protection. Firms must post signs clearly defining the work area and
warning occupants and other persons not involved in renovation activities to
remain outside of the work area. To the extent practicable, these signs must be in
the primary language of the occupants. These signs must be posted before
beginning the renovation and must remain in place and readable until the
renovation and the post-renovation cleaning verification have been completed. If
warning signs have been posted in accordance with 24 CFR 35.1345(b)(2) or 29
CFR 1926.62(m), additional signs are not required by this section.
(2) Containing the work area. Before beginning the renovation, the firm must
isolate the work area so that no dust or debris leaves the work area while the
renovation is being performed. In addition, the firm must maintain the integrity of
the containment by ensuring that any plastic or other impermeable materials are
not torn or displaced, and taking any other steps necessary to ensure that no dust
or debris leaves the work area while the renovation is being performed. The firm
must also ensure that containment is installed in such a manner that it does not
interfere with occupant and worker egress in an emergency.
(i) Interior renovations. The firm must:
(A) Remove all objects from the work area, including furniture,
rugs, and window coverings, or cover them with plastic sheeting or
other impermeable material with all seams and edges taped or
otherwise sealed.
(B) Close and cover all ducts opening in the work area with tapeddown plastic sheeting or other impermeable material.
(C) Close windows and doors in the work area. Doors must be
covered with plastic sheeting or other impermeable material. Doors
used as an entrance to the work area must be covered with plastic
sheeting or other impermeable material in a manner that allows
workers to pass through while confining dust and debris to the
work area.
(D) Cover the floor surface, including installed carpet, with tapeddown plastic sheeting or other impermeable material in the work
area 6 feet beyond the perimeter of surfaces undergoing renovation
or a sufficient distance to contain the dust, whichever is greater.
(E) Use precautions to ensure that all personnel, tools, and other
items, including the exteriors of containers of waste, are free of
dust and debris before leaving the work area.
(ii) Exterior renovations. The firm must:
(A) Close all doors and windows within 20 feet of the renovation.
On multi-story buildings, close all doors and windows within 20
feet of the renovation on the same floor as the renovation, and
close all doors and windows on all floors below that are the same
horizontal distance from the renovation.
(B) Ensure that doors within the work area that will be used while
the job is being performed are covered with plastic sheeting or
other impermeable material in a manner that allows workers to
pass through while confining dust and debris to the work area.
(C) Cover the ground with plastic sheeting or other disposable
impermeable material extending 10 feet beyond the perimeter of
surfaces undergoing renovation or a sufficient distance to collect
falling paint debris, whichever is greater, unless the property line
prevents 10 feet of such ground covering.
(D) In certain situations, the renovation firm must take extra
precautions in containing the work area to ensure that dust and
debris from the renovation does not contaminate other buildings or
other areas of the property or migrate to adjacent properties.
(3) Prohibited and restricted practices. The work practices listed below shall be
prohibited or restricted during a renovation as follows:
(i) Open-flame burning or torching of lead-based paint is prohibited.
(ii) The use of machines that remove lead-based paint through high speed
operation such as sanding, grinding, power planing, needle gun, abrasive
blasting, or sandblasting, is prohibited unless such machines are used with
HEPA exhaust control.
(iii) Operating a heat gun on lead-based paint is permitted only at
temperatures below 1100 degrees Fahrenheit.
(4) Waste from renovations –
(i) Waste from renovation activities must be contained to prevent releases
of dust and debris before the waste is removed from the work area for
storage or disposal. If a chute is used to remove waste from the work area,
it must be covered.
(ii) At the conclusion of each work day and at the conclusion of the
renovation, waste that has been collected from renovation activities must
be stored under containment, in an enclosure, or behind a barrier that
prevents release of dust and debris out of the work area and prevents
access to dust and debris.
(iii) When the firm transports waste from renovation activities, the firm
must contain the waste to prevent release of dust and debris.
(5) Cleaning the work area. After the renovation has been completed, the firm
must clean the work area until no dust, debris or residue remains.
(i) Interior and exterior renovations. The firm must:
(A) Collect all paint chips and debris and, without dispersing any
of it, seal this material in a heavy-duty bag.
(B) Remove the protective sheeting. Mist the sheeting before
folding it, fold the dirty side inward, and either tape shut to seal or
seal in heavy-duty bags. Sheeting used to isolate contaminated
rooms from non-contaminated rooms must remain in place until
after the cleaning and removal of other sheeting. Dispose of the
sheeting as waste.
(ii) Additional cleaning for interior renovations. The firm must clean all
objects and surfaces in the work area and within 2 feet of the work area in
the following manner, cleaning from higher to lower:
(A) Walls. Clean walls starting at the ceiling and working down to
the floor by either vacuuming with a HEPA vacuum or wiping
with a damp cloth.
(B) Remaining surfaces. Thoroughly vacuum all remaining
surfaces and objects in the work area, including furniture and
fixtures, with a HEPA vacuum. The HEPA vacuum must be
equipped with a beater bar when vacuuming carpets and rugs.
(C) Wipe all remaining surfaces and objects in the work area,
except for carpeted or upholstered surfaces, with a damp cloth.
Mop uncarpeted floors thoroughly, using a mopping method that
keeps the wash water separate from the rinse water, such as the 2bucket mopping method, or using a wet mopping system.
(b) Standards for post-renovation cleaning verification --(1) Interiors. (i) A certified
renovator must perform a visual inspection to determine whether dust, debris or residue is
still present. If dust, debris or residue is present, these conditions must be removed by recleaning and another visual inspection must be performed.
(ii) After a successful visual inspection, a certified renovator must:
(A) Verify that each windowsill in the work area has been adequately
cleaned, using the following procedure.
(1) Wipe the windowsill with a wet disposable cleaning cloth that
is damp to the touch. If the cloth matches or is lighter than the
cleaning verification card, the windowsill has been adequately
cleaned.
(2) If the cloth does not match and is darker than the cleaning
verification card, re-clean the windowsill as directed in paragraphs
(a)(5)(ii)(B) and (a)(5)(ii)(C) of this section, then either use a new
cloth or fold the used cloth in such a way that an unused surface is
exposed, and wipe the surface again. If the cloth matches or is
lighter than the cleaning verification card, that windowsill has been
adequately cleaned.
(3) If the cloth does not match and is darker than the cleaning
verification card, wait for 1 hour or until the surface has dried
completely, whichever is longer.
(4) After waiting for the windowsill to dry, wipe the windowsill
with a dry disposable cleaning cloth. After this wipe, the
windowsill has been adequately cleaned.
(B) Wipe uncarpeted floors and countertops within the work area with a
wet disposable cleaning cloth. Floors must be wiped using an application
device with a long handle and a head to which the cloth is attached. The
cloth must remain damp at all times while it is being used to wipe the
surface for post-renovation cleaning verification. If the surface within the
work area is greater than 40 square feet, the surface within the work area
must be divided into roughly equal sections that are each less than 40
square feet. Wipe each such section separately with a new wet disposable
cleaning cloth. If the cloth used to wipe each section of the surface within
the work area matches the cleaning verification card, the surface has been
adequately cleaned.
(1) If the cloth used to wipe a particular surface section does not
match the cleaning verification card, re-clean that section of the
surface as directed in paragraphs (a)(5)(ii)(B) and (a)(5)(ii)(C) of
this section, then use a new wet disposable cleaning cloth to wipe
that section again. If the cloth matches the cleaning verification
card, that section of the surface has been adequately cleaned.
(2) If the cloth used to wipe a particular surface section does not
match the cleaning verification card after the surface has been recleaned, wait for 1 hour or until the entire surface within the work
area has dried completely, whichever is longer.
(3) After waiting for the entire surface within the work area to dry,
wipe each section of the surface that has not yet achieved postrenovation cleaning verification with a dry disposable cleaning
cloth. After this wipe, that section of the surface has been
adequately cleaned.
(iii) When the work area passes the post-renovation cleaning verification, remove
the warning signs.
(2) Exteriors. A certified renovator must perform a visual inspection to determine
whether dust, debris or residue is still present on surfaces in and below the work
area, including windowsills and the ground. If dust, debris or residue is present,
these conditions must be eliminated and another visual inspection must be
performed. When the area passes the visual inspection, remove the warning signs.
(c) Optional dust clearance testing. Cleaning verification need not be performed if the
contract between the renovation firm and the person contracting for the renovation or
another Federal, State, Territorial, Tribal, or local law or regulation requires:
(1) The renovation firm to perform dust clearance sampling at the conclusion of a
renovation covered by this subpart.
(2) The dust clearance samples are required to be collected by a certified
inspector, risk assessor or dust sampling technician.
(3) The renovation firm is required to re-clean the work area until the dust
clearance sample results are below the clearance standards in § 745.227(e)(8) or
any applicable State, Territorial, Tribal, or local standard.
(d) Activities conducted after post-renovation cleaning verification. Activities that do not
disturb paint, such as applying paint to walls that have already been prepared, are not
regulated by this subpart if they are conducted after post-renovation cleaning verification
has been performed.
42 U.S.C. § 745.86 (2011). Recordkeeping and reporting requirements
(a) Firms performing renovations must retain and, if requested, make available to EPA all
records necessary to demonstrate compliance with this subpart for a period of 3 years
following completion of the renovation. This 3-year retention requirement does not
supersede longer obligations required by other provisions for retaining the same
documentation, including any applicable State or Tribal laws or regulations.
(b) Records that must be retained pursuant to paragraph (a) of this section shall include
(where applicable):
(1) Records or reports certifying that a determination had been made that leadbased paint was not present on the components affected by the renovation, as
described in § 745.82(a). These records or reports include:
(i) Reports prepared by a certified inspector or certified risk assessor
(certified pursuant to either Federal regulations at § 745.226 or an EPAauthorized State or Tribal certification program).
(ii) Records prepared by a certified renovator after using EPA- recognized
test kits, including an identification of the manufacturer and model of any
test kits used, a description of the components that were tested including
their locations, and the result of each test kit used.
(2) Signed and dated acknowledgments of receipt as described in §
745.84(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A).
(3) Certifications of attempted delivery as described in § 745.84(a)(2)(i) and
(c)(1)(ii)(A).
(4) Certificates of mailing as described in § 745.84(a)(1)(ii), (a)(2)(ii), (b)(1)(ii),
(c)(1)(i)(B), and (c)(1)(ii)(B).
(5) Records of notification activities performed regarding common area
renovations, as described in § 745.84(b)(3) and (b)(4), and renovations in childoccupied facilities, as described in § 745.84(c)(2).
(6) Documentation of compliance with the requirements of § 745.85, including
documentation that a certified renovator was assigned to the project, that the
certified renovator provided on-the-job training for workers used on the project,
that the certified renovator performed or directed workers who performed all of
the tasks described in § 745.85(a), and that the certified renovator performed the
post-renovation cleaning verification described in § 745.85(b). If the renovation
firm was unable to comply with all of the requirements of this rule due to an
emergency as defined in § 745.82, the firm must document the nature of the
emergency and the provisions of the rule that were not followed. This
documentation must include a copy of the certified renovator's training certificate,
and a certification by the certified renovator assigned to the project that:
(i) Training was provided to workers (topics must be identified for each
worker).
(ii) Warning signs were posted at the entrances to the work area.
(iii) If test kits were used, that the specified brand of kits was used at the
specified locations and that the results were as specified.
(iv) The work area was contained by:
(A) Removing or covering all objects in the work area (interiors).
(B) Closing and covering all HVAC ducts in the work area
(interiors).
(C) Closing all windows in the work area (interiors) or closing all
windows in and within 20 feet of the work area (exteriors).
(D) Closing and sealing all doors in the work area (interiors) or
closing and sealing all doors in and within 20 feet of the work area
(exteriors).
(E) Covering doors in the work area that were being used to allow
passage but prevent spread of dust.
(F) Covering the floor surface, including installed carpet, with
taped-down plastic sheeting or other impermeable material in the
work area 6 feet beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to contain the dust, whichever is
greater (interiors) or covering the ground with plastic sheeting or
other disposable impermeable material anchored to the building
extending 10 feet beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to collect falling paint debris,
whichever is greater, unless the property line prevents 10 feet of
such ground covering, weighted down by heavy objects (exteriors).
(G) Installing (if necessary) vertical containment to prevent
migration of dust and debris to adjacent property (exteriors).
(v) Waste was contained on-site and while being transported off-site.
(vi) The work area was properly cleaned after the renovation by:
(A) Picking up all chips and debris, misting protective sheeting,
folding it dirty side inward, and taping it for removal.
(B) Cleaning the work area surfaces and objects using a HEPA
vacuum and/or wet cloths or mops (interiors).
(vii) The certified renovator performed the post-renovation cleaning
verification (the results of which must be briefly described, including the
number of wet and dry cloths used).
(c)(1) When the final invoice for the renovation is delivered or within 30 days of the
completion of the renovation, whichever is earlier, the renovation firm must provide
information pertaining to compliance with this subpart to the following persons:
(i) The owner of the building; and, if different,
(ii) An adult occupant of the residential dwelling, if the renovation took
place within a residential dwelling, or an adult representative of the childoccupied facility, if the renovation took place within a child-occupied
facility.
(2) When performing renovations in common areas of multi-unit target housing,
renovation firms must post the information required by this subpart or instructions
on how interested occupants can obtain a copy of this information. This
information must be posted in areas where it is likely to be seen by the occupants
of all of the affected units.
(3) The information required to be provided by paragraph (c) of this section may
be provided by completing the sample form titled "Sample Renovation
Recordkeeping Checklist" or a similar form containing the test kit information
required by § 745.86(b)(1)(ii) and the training and work practice compliance
information required by § 745.86(b)(6).
(d) If dust clearance sampling is performed in lieu of cleaning verification as permitted
by § 745.85(c), the renovation firm must provide, when the final invoice for the
renovation is delivered or within 30 days of the completion of the renovation, whichever
is earlier, a copy of the dust sampling report to:
(1) The owner of the building; and, if different,
(2) An adult occupant of the residential dwelling, if the renovation took place
within a residential dwelling, or an adult representative of the child-occupied
facility, if the renovation took place within a child-occupied facility.
(3) When performing renovations in common areas of multi-unit target housing,
renovation firms must post these dust sampling reports or information on how
interested occupants of the housing being renovated can obtain a copy of the
report. This information must be posted in areas where they are likely to be seen
by the occupants of all of the affected units.
42 U.S.C. § 745.87 (2011). Enforcement and Inspections
(a) Failure or refusal to comply with any provision of this subpart is a violation of TSCA
section 409 (15 U.S.C. 2689).
(b) Failure or refusal to establish and maintain records or to make available or permit
access to or copying of records, as required by this subpart, is a violation of TSCA
sections 15 and 409 (15 U.S.C. 2614 and 2689).
(c) Failure or refusal to permit entry or inspection as required by 40 CFR 745.87 and
TSCA section 11 (15 U.S.C. 2610) is a violation of sections 15 and 409 (15 U.S.C. 2614
and 2689).
(d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16
(15 U.S.C. 2615) for each violation.
(e) Lead-based paint is assumed to be present at renovations covered by this subpart.
EPA may conduct inspections and issue subpoenas pursuant to the provisions of TSCA
section 11 (15 U.S.C. 2610) to ensure compliance with this subject.
42 U.S.C. § 745.88 (2011). Recognized test kits
(a) Effective June 23, 2008, EPA recognizes the test kits that have been determined by
National Institute of Standards and Technology research to meet the negative response
criteria described in paragraph (c)(1) of this section. This recognition will last until EPA
publicizes its recognition of the first test kit that meets both the negative response and
positive response criteria in paragraph (c) of this section.
(b) No other test kits will be recognized until they are tested through EPA's
Environmental Technology Verification Program or other equivalent EPA approved
testing program.
(1) Effective September 1, 2008, to initiate the testing process, a test kit
manufacturer must submit a sufficient number of kits, along with the instructions
for using the kits, to EPA. The test kit manufacturer should first visit the
following website for information on where to apply
(2) After the kit has been tested through the Environmental Technology
Verification Program or other equivalent approved EPA testing program, EPA
will review the report to determine whether the required criteria have been met.
(3) Before September 1, 2010, test kits must meet only the negative response
criteria in paragraph (c)(1) of this section. The recognition of kits that meet only
this criteria will last until EPA publicizes its recognition of the first test kits that
meets both of the criteria in paragraph (c) of this section.
(4) After September 1, 2010, test kits must meet both of the criteria in paragraph
(c) of this section.
(5) If the report demonstrates that the kit meets the required criteria, EPA will
issue a notice of recognition to the kit manufacturer, provide them with the report,
and post the information on EPA's website.
(6) If the report demonstrates that the kit does not meet the required criteria, EPA
will notify the kit manufacturer and provide them with the report.
(c) Response criteria -- (1) Negative response criteria. For paint containing lead at or
above the regulated level, 1.0 mg <2> or 0.5% by weight, a demonstrated probability
(with 95% confidence) of a negative response less than or equal to 5% of the time.
(2) Positive response criteria. For paint containing lead below the regulated level,
1.0 mg <2> or 0.5% by weight, a demonstrated probability (with 95% confidence)
of a positive response less than or equal to 10% of the time.
42 U.S.C. § 745.89 (2011). Firm certification
(a) Initial certification. (1) Firms that perform renovations for compensation must apply
to EPA for certification to perform renovations or dust sampling. To apply, a firm must
submit to EPA a completed "Application for Firms," signed by an authorized agent of the
firm, and pay at least the correct amount of fees. If a firm pays more than the correct
amount of fees, EPA will reimburse the firm for the excess amount.
(2) After EPA receives a firm's application, EPA will take one of the following
actions within 90 days of the date the application is received:
(i) EPA will approve a firm's application if EPA determines that it is
complete and that the environmental compliance history of the firm, its
principals, or its key employees does not show an unwillingness or
inability to maintain compliance with environmental statutes or
regulations. An application is complete if it contains all of the information
requested on the form and includes at least the correct amount of fees.
When EPA approves a firm's application, EPA will issue the firm a
certificate with an expiration date not more than 5 years from the date the
application is approved. EPA certification allows the firm to perform
renovations covered by this section in any State or Indian Tribal area that
does not have a renovation program that is authorized under subpart Q of
this part.
(ii) EPA will request a firm to supplement its application if EPA
determines that the application is incomplete. If EPA requests a firm to
supplement its application, the firm must submit the requested information
or pay the additional fees within 30 days of the date of the request.
(iii) EPA will not approve a firm's application if the firm does not
supplement its application in accordance with paragraph (a)(2)(ii) of this
section or if EPA determines that the environmental compliance history of
the firm, its principals, or its key employees demonstrates an
unwillingness or inability to maintain compliance with environmental
statutes or regulations. EPA will send the firm a letter giving the reason
for not approving the application. EPA will not refund the application
fees. A firm may reapply for certification at any time by filing a new,
complete application that includes the correct amount of fees.
(b) Re-certification. To maintain its certification, a firm must be re-certified by EPA
every 5 years.
(1) Timely and complete application. To be re-certified, a firm must submit a
complete application for re-certification. A complete application for recertification includes a completed "Application for Firms" which contains all of
the information requested by the form and is signed by an authorized agent of the
firm, noting on the form that it is submitted as a re-certification. A complete
application must also include at least the correct amount of fees. If a firm pays
more than the correct amount of fees, EPA will reimburse the firm for the excess
amount.
(i) An application for re-certification is timely if it is postmarked 90 days
or more before the date the firm's current certification expires. If the firm's
application is complete and timely, the firm's current certification will
remain in effect until its expiration date or until EPA has made a final
decision to approve or disapprove the re-certification application,
whichever is later.
(ii) If the firm submits a complete re-certification application less than 90
days before its current certification expires, and EPA does not approve the
application before the expiration date, the firm's current certification will
expire and the firm will not be able to conduct renovations until EPA
approves its re-certification application.
(iii) If the firm fails to obtain recertification before the firm's current
certification expires, the firm must not perform renovations or dust
sampling until it is certified anew pursuant to paragraph (a) of this section.
(2) EPA action on an application. After EPA receives a firm's application for recertification, EPA will review the application and take one of the following
actions within 90 days of receipt:
(i) EPA will approve a firm's application if EPA determines that it is
timely and complete and that the environmental compliance history of the
firm, its principals, or its key employees does not show an unwillingness
or inability to maintain compliance with environmental statutes or
regulations. When EPA approves a firm's application for re-certification,
EPA will issue the firm a new certificate with an expiration date 5 years
from the date that the firm's current certification expires. EPA certification
allows the firm to perform renovations or dust sampling covered by this
section in any State or Indian Tribal area that does not have a renovation
program that is authorized under subpart Q of this part.
(ii) EPA will request a firm to supplement its application if EPA
determines that the application is incomplete.
(iii) EPA will not approve a firm's application if it is not received or is not
complete as of the date that the firm's current certification expires, or if
EPA determines that the environmental compliance history of the firm, its
principals, or its key employees demonstrates an unwillingness or inability
to maintain compliance with environmental statutes or regulations. EPA
will send the firm a letter giving the reason for not approving the
application. EPA will not refund the application fees. A firm may reapply
for certification at any time by filing a new application and paying the
correct amount of fees.
(c) Amendment of certification. A firm must amend its certification within 90 days of the
date a change occurs to information included in the firm's most recent application. If the
firm fails to amend its certification within 90 days of the date the change occurs, the firm
may not perform renovations or dust sampling until its certification is amended.
(1) To amend a certification, a firm must submit a completed "Application for
Firms," signed by an authorized agent of the firm, noting on the form that it is
submitted as an amendment and indicating the information that has changed. The
firm must also pay at least the correct amount of fees.
(2) If additional information is needed to process the amendment, or the firm did
not pay the correct amount of fees, EPA will request the firm to submit the
necessary information or fees. The firm's certification is not amended until the
firm complies with the request.
(3) Amending a certification does not affect the certification expiration date.
(d) Firm responsibilities. Firms performing renovations must ensure that:
(1) All individuals performing renovation activities on behalf of the firm are
either certified renovators or have been trained by a certified renovator in
accordance with § 745.90.
(2) A certified renovator is assigned to each renovation performed by the firm and
discharges all of the certified renovator responsibilities identified in § 745.90.
(3) All renovations performed by the firm are performed in accordance with the
work practice standards in § 745.85.
(4) The pre-renovation education requirements of § 745.84 have been performed.
(5) The recordkeeping requirements of § 745.86 are met.
42 U.S.C. § 745.90 (2011). Renovator certification and dust sampling technician
certification
(a) Renovator certification and dust sampling technician certification.
(1) To become a certified renovator or certified dust sampling technician, an
individual must successfully complete the appropriate course accredited by EPA
under § 745.225 or by a State or Tribal program that is authorized under subpart
Q of this part. The course completion certificate serves as proof of certification.
EPA renovator certification allows the certified individual to perform renovations
covered by this section in any State or Indian Tribal area that does not have a
renovation program that is authorized under subpart Q of this part. EPA dust
sampling technician certification allows the certified individual to perform dust
clearance sampling under § 745.85(c) in any State or Indian Tribal area that does
not have a renovation program that is authorized under subpart Q of this part.
(2) Individuals who have successfully completed an accredited abatement worker
or supervisor course, or individuals who have successfully completed an EPA,
HUD, or EPA/HUD model renovation training course may take an accredited
refresher renovator training course in lieu of the initial renovator training course
to become a certified renovator.
(3) Individuals who have successfully completed an accredited lead-based paint
inspector or risk assessor course may take an accredited refresher dust sampling
technician course in lieu of the initial training to become a certified dust sampling
technician.
(4) To maintain renovator certification or dust sampling technician certification,
an individual must complete a renovator or dust sampling technician refresher
course accredited by EPA under § 745.225 or by a State or Tribal program that is
authorized under subpart Q of this part within 5 years of the date the individual
completed the initial course described in paragraph (a)(1) of this section. If the
individual does not complete a refresher course within this time, the individual
must re-take the initial course to become certified again. Individuals who
complete a renovator course accredited by EPA before April 22, 2010, must
complete an EPA-accredited renovator refresher course before July 1, 2015, to
maintain renovator certification.
(b) Renovator responsibilities. Certified renovators are responsible for ensuring
compliance with § 745.85 at all renovations to which they are assigned. A certified
renovator:
(1) Must perform all of the tasks described in § 745.85(b) and must either perform
or direct workers who perform all of the tasks described in § 745.85(a).
(2) Must provide training to workers on the work practices they will be using in
performing their assigned tasks.
(3) Must be physically present at the work site when the signs required by §
745.85(a)(1) are posted, while the work area containment required by §
745.85(a)(2) is being established, and while the work area cleaning required by §
745.85(a)(5) is performed.
(4) Must regularly direct work being performed by other individuals to ensure that
the work practices are being followed, including maintaining the integrity of the
containment barriers and ensuring that dust or debris does not spread beyond the
work area.
(5) Must be available, either on-site or by telephone, at all times that renovations
are being conducted.
(6) When requested by the party contracting for renovation services, must use an
acceptable test kit to determine whether components to be affected by the
renovation contain lead-based paint.
(7) Must have with them at the work site copies of their initial course completion
certificate and their most recent refresher course completion certificate.
(8) Must prepare the records required by § 745.86(b)(1) and (b)(6).
(c) Dust sampling technician responsibilities. When performing optional dust clearance
sampling under § 745.85(c), a certified dust sampling technician:
(1) Must collect dust samples in accordance with § 745.227(e)(8), must send the
collected samples to a laboratory recognized by EPA under TSCA section 405(b),
and must compare the results to the clearance levels in accordance with §
745.227(e)(8).
(2) Must have with them at the work site copies of their initial course completion
certificate and their most recent refresher course completion certificate.
42 U.S.C. § 745.91 (2011). Suspending, revoking, or modifying an individual’s or
firm’s certification
(a)(1) Grounds for suspending, revoking, or modifying an individual's certification. EPA
may suspend, revoke, or modify an individual's certification if the individual fails to
comply with Federal lead-based paint statutes or regulations. EPA may also suspend,
revoke, or modify a certified renovator's certification if the renovator fails to ensure that
all assigned renovations comply with § 745.85. In addition to an administrative or
judicial finding of violation, execution of a consent agreement in settlement of an
enforcement action constitutes, for purposes of this section, evidence of a failure to
comply with relevant statutes or regulations.
(2) Grounds for suspending, revoking, or modifying a firm's certification. EPA
may suspend, revoke, or modify a firm's certification if the firm:
(i) Submits false or misleading information to EPA in its application for
certification or re-certification.
(ii) Fails to maintain or falsifies records required in § 745.86.
(iii) Fails to comply, or an individual performing a renovation on behalf of
the firm fails to comply, with Federal lead-based paint statutes or
regulations. In addition to an administrative or judicial finding of
violation, execution of a consent agreement in settlement of an
enforcement action constitutes, for purposes of this section, evidence of a
failure to comply with relevant statutes or regulations.
(b) Process for suspending, revoking, or modifying certification. (1) Prior to taking action
to suspend, revoke, or modify an individual's or firm's certification, EPA will notify the
affected entity in writing of the following:
(i) The legal and factual basis for the proposed suspension, revocation, or
modification.
(ii) The anticipated commencement date and duration of the suspension,
revocation, or modification.
(iii) Actions, if any, which the affected entity may take to avoid
suspension, revocation, or modification, or to receive certification in the
future.
(iv) The opportunity and method for requesting a hearing prior to final
suspension, revocation, or modification.
(2) If an individual or firm requests a hearing, EPA will:
(i) Provide the affected entity an opportunity to offer written statements in
response to EPA's assertions of the legal and factual basis for its proposed
action.
(ii) Appoint an impartial official of EPA as Presiding Officer to conduct
the hearing.
(3) The Presiding Officer will:
(i) Conduct a fair, orderly, and impartial hearing within 90 days of the
request for a hearing.
(ii) Consider all relevant evidence, explanation, comment, and argument
submitted.
(iii) Notify the affected entity in writing within 90 days of completion of
the hearing of his or her decision and order. Such an order is a final
agency action which may be subject to judicial review. The order must
contain the commencement date and duration of the suspension,
revocation, or modification.
(4) If EPA determines that the public health, interest, or welfare warrants
immediate action to suspend the certification of any individual or firm prior to the
opportunity for a hearing, it will:
(i) Notify the affected entity in accordance with paragraph (b)(1)(i)
through (b)(1)(iii) of this section, explaining why it is necessary to
suspend the entity's certification before an opportunity for a hearing.
(ii) Notify the affected entity of its right to request a hearing on the
immediate suspension within 15 days of the suspension taking place and
the procedures for the conduct of such a hearing.
(5) Any notice, decision, or order issued by EPA under this section, any transcript
or other verbatim record of oral testimony, and any documents filed by a certified
individual or firm in a hearing under this section will be available to the public,
except as otherwise provided by section 14 of TSCA or by part 2 of this title. Any
such hearing at which oral testimony is presented will be open to the public,
except that the Presiding Officer may exclude the public to the extent necessary to
allow presentation of information which may be entitled to confidential treatment
under section 14 of TSCA or part 2 of this title.
(6) EPA will maintain a publicly available list of entities whose certification has
been suspended, revoked, modified, or reinstated.
(7) Unless the decision and order issued under paragraph (b)(3)(iii) of this section
specify otherwise:
(i) An individual whose certification has been suspended must take a
refresher training course (renovator or dust sampling technician) in order
to make his or her certification current.
(ii) An individual whose certification has been revoked must take an initial
renovator or dust sampling technician course in order to become certified
again.
(iii) A firm whose certification has been revoked must reapply for
certification after the revocation ends in order to become certified again. If
the firm's certification has been suspended and the suspension ends less
than 5 years after the firm was initially certified or re-certified, the firm
does not need to do anything to re-activate its certification.
42 U.S.C. § 745.92 (2011). Fees for the accreditation of renovation and dust
sampling technician training and the certification of renovation firms
(a) Persons who must pay fees. Fees in accordance with paragraph (b) of this section
must be paid by:
(1) Training programs –
(i) Non-exempt training programs. All non-exempt training programs
applying to EPA for the accreditation and re-accreditation of training
programs in one or more of the following disciplines: Renovator, dust
sampling technician.
(ii) Exemption. No fee shall be imposed on any training program operated
by a State, federally recognized Indian Tribe, local government, or nonprofit organization. This exemption does not apply to the certification of
firms or individuals.
(2) Firms. All firms applying to EPA for certification and re-certification to
conduct renovations.
(b) Fee amounts --(1) Certification and accreditation fees. Initial and renewal certification
and accreditation fees are specified in the following table:
Training Program
Initial Renovator or Dust
Accreditation
$ 560
Re-accreditation (every 4
years, see 40 CFR
745.225(f)(1) for
details)
$ 340
Sampling Technician
Course
Refresher Renovator or
Dust Sampling Technician
Course
Renovation Firm
Firm
Combined Renovation and
Lead-based Paint
Activities Firm
Application
Combined Renovation and
Lead-based Paint
Activities Tribal Firm
Application
Tribal Firm
$ 400
$ 310
Certification
$ 300
$ 550
Re-certification (every 5
years see 40 CFR
745.89(b))
$ 300
$ 550
$ 20
$ 20
$ 20
$ 20
(2) Lost certificate. A $ 15 fee will be charged for the replacement of a firm
certificate.
(c) Certificate replacement. Firms seeking certificate replacement must:
(1) Complete the applicable portions of the "Application for Firms" in accordance
with the instructions provided.
(2) Submit the application and a payment of $ 15 in accordance with the
instructions provided with the application package.
(d) Failure to remit fees.
(1) EPA will not provide certification, re-certification, accreditation, or reaccreditation for any firm or training program that does not remit fees described
in paragraph (b) of this section in accordance with the procedures specified in 40
CFR 745.89.
(2) EPA will not replace a certificate for any firm that does not remit the $ 15 fee
in accordance with the procedures specified in paragraph (c) of this section.
SUBPART F – DISCLOSURE OF KNOWN LEAD-BASED PAINT AND/OR
LEAD-BASED PAINT HAZARDS UPON SALE OR LEASE OF RESIDENTIAL
PROPERTY
42 U.S.C. § 745.100 (2011). Purpose
This subpart implements the provisions of 42 U.S.C. 4852d, which impose certain
requirements on the sale or lease of target housing. Under this subpart, a seller or lessor
of target housing shall disclose to the purchaser or lessee the presence of any known leadbased paint and/or lead-based paint hazards; provide available records and reports;
provide the purchaser or lessee with a lead hazard information pamphlet; give purchasers
a 10-day opportunity to conduct a risk assessment or inspection; and attach specific
disclosure and warning language to the sales or leasing contract before the purchaser or
lessee is obligated under a contract to purchase or lease target housing.
42 U.S.C. § 745.101 (2011). Scope and applicability
This subpart applies to all transactions to sell or lease target housing, including subleases,
with the exception of the following:
(a) Sales of target housing at foreclosure.
(b) Leases of target housing that have been found to be lead-based paint free by an
inspector certified under the Federal certification program or under a federally accredited
State or tribal certification program. Until a Federal certification program or federally
accredited State certification program is in place within the State, inspectors shall be
considered qualified to conduct an inspection for this purpose if they have received
certification under any existing State or tribal inspector certification program. The lessor
has the option of using the results of additional test(s) by a certified inspector to confirm
or refute a prior finding.
(c) Short-term leases of 100 days or less, where no lease renewal or extension can occur.
(d) Renewals of existing leases in target housing in which the lessor has previously
disclosed all information required under § 745.107 and where no new information
described in § 745.107 has come into the possession of the lessor. For the purposes of this
paragraph, renewal shall include both renegotiation of existing lease terms and/or
ratification of a new lease.
42 U.S.C. § 745.102 (2011). Effective dates
The requirements in this subpart take effect in the following manner:
(a) For owners of more than four residential dwellings, the requirements shall take effect
on September 6, 1996.
(b) For owners of one to four residential dwellings, the requirements shall take effect on
December 6, 1996.
42 U.S.C. § 745.103 (2011). Definitions
The following definitions apply to this subpart.
The Act means the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42
U.S.C. 4852d.
Agent means any party who enters into a contract with a seller or lessor, including any
party who enters into a contract with a representative of the seller or lessor, for the
purpose of selling or leasing target housing. This term does not apply to purchasers or
any purchaser's representative who receives all compensation from the purchaser.
Available means in the possession of or reasonably obtainable by the seller or lessor at
the time of the disclosure.
Common area means a portion of a building generally accessible to all residents/users
including, but not limited to, hallways, stairways, laundry and recreational rooms,
playgrounds, community centers, and boundary fences.
Contract for the purchase and sale of residential real property means any contract or
agreement in which one party agrees to purchase an interest in real property on which
there is situated one or more residential dwellings used or occupied, or intended to be
used or occupied, in whole or in part, as the home or residence of one or more persons.
EPA means the Environmental Protection Agency.
Evaluation means a risk assessment and/or inspection.
Foreclosure means any of the various methods, statutory or otherwise, known in different
jurisdictions, of enforcing payment of a debt, by the taking and selling of real property.
Housing for the elderly means retirement communities or similar types of housing
reserved for households composed of one or more persons 62 years of age or more at the
time of initial occupancy.
HUD means the U.S. Department of Housing and Urban Development.
Inspection means:
(1) A surface-by-surface investigation to determine the presence of lead-based
paint as provided in section 302(c) of the Lead-Based Paint Poisoning and
Prevention Act [42 U.S.C. 4822], and
(2) The provision of a report explaining the results of the investigation.
Lead-based paint means paint or other surface coatings that contain lead equal to
or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.
Lead-based paint free housing means target housing that has been found to be free of
paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per
square centimeter or 0.5 percent by weight.
Lead-based paint hazard means any condition that causes exposure to lead from leadcontaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated
or present in accessible surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal agency.
Lessee means any entity that enters into an agreement to lease, rent, or sublease target
housing, including but not limited to individuals, partnerships, corporations, trusts,
government agencies, housing agencies, Indian tribes, and nonprofit organizations.
Lessor means any entity that offers target housing for lease, rent, or sublease, including
but not limited to individuals, partnerships, corporations, trusts, government agencies,
housing agencies, Indian tribes, and nonprofit organizations.
Owner means any entity that has legal title to target housing, including but not limited to
individuals, partnerships, corporations, trusts, government agencies, housing agencies,
Indian tribes, and nonprofit organizations, except where a mortgagee holds legal title to
property serving as collateral for a mortgage loan, in which case the owner would be the
mortgagor.
Purchaser means an entity that enters into an agreement to purchase an interest in target
housing, including but not limited to individuals, partnerships, corporations, trusts,
government agencies, housing agencies, Indian tribes, and nonprofit organizations.
Reduction means measures designed to reduce or eliminate human exposure to leadbased paint hazards through methods including interim controls and abatement.
Residential dwelling means:
(1) A single-family dwelling, including attached structures such as porches and
stoops; or
(2) A single-family dwelling unit in a structure that contains more than one
separate residential dwelling unit, and in which each such unit is used or
occupied, or intended to be used or occupied, in whole or in part, as the residence
of one or more persons.
Risk assessment means an on-site investigation to determine and report the existence,
nature, severity, and location of lead-based paint hazards in residential dwellings,
including:
(1) Information gathering regarding the age and history of the housing and
occupancy by children under age 6;
(2) Visual inspection;
(3) Limited wipe sampling or other environmental sampling techniques;
(4) Other activity as may be appropriate; and
(5) Provision of a report explaining the results of the investigation.
Secretary means the Secretary of Housing and Urban Development.
Seller means any entity that transfers legal title to target housing, in whole or in part, in
return for consideration, including but not limited to individuals, partnerships,
corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit
organizations. The term "seller" also includes:
(1) An entity that transfers shares in a cooperatively owned project, in return for
consideration; and
(2) An entity that transfers its interest in a leasehold, in jurisdictions or
circumstances where it is legally permissible to separate the fee title from the title
to the improvement, in return for consideration.
Target housing means any housing constructed prior to 1978, except housing for the
elderly or persons with disabilities (unless any child who is less than 6 years of age
resides or is expected to reside in such housing) or any 0-bedroom dwelling.
TSCA means the Toxic Substances Control Act, 15 U.S.C. 2601.
0-bedroom dwelling means any residential dwelling in which the living area is not
separated from the sleeping area. The term includes efficiencies, studio apartments,
dormitory housing, military barracks, and rentals of individual rooms in residential
dwellings.
42 U.S.C. § 745.107 (2011). Disclosure requirements for sellers and lessors
(a) The following activities shall be completed before the purchaser or lessee is obligated
under any contract to purchase or lease target housing that is not otherwise an exempt
transaction pursuant to § 745.101. Nothing in this section implies a positive obligation on
the seller or lessor to conduct any evaluation or reduction activities.
(1) The seller or lessor shall provide the purchaser or lessee with an EPAapproved lead hazard information pamphlet. Such pamphlets include the EPA
document entitled Protect Your Family From Lead in Your Home (EPA 747-K94-001) or an equivalent pamphlet that has been approved for use in that State by
EPA.
(2) The seller or lessor shall disclose to the purchaser or lessee the presence of
any known lead-based paint and/or lead-based paint hazards in the target housing
being sold or leased. The seller or lessor shall also disclose any additional
information available concerning the known lead-based paint and/or lead-based
paint hazards, such as the basis for the determination that lead-based paint and/or
lead-based paint hazards exist, the location of the lead-based paint and/or leadbased paint hazards, and the condition of the painted surfaces.
(3) The seller or lessor shall disclose to each agent the presence of any known
lead-based paint and/or lead-based paint hazards in the target housing being sold
or leased and the existence of any available records or reports pertaining to leadbased paint and/or lead-based paint hazards. The seller or lessor shall also
disclose any additional information available concerning the known lead-based
paint and/or lead-based paint hazards, such as the basis for the determination that
lead-based paint and/or lead-based paint hazards exist, the location of the leadbased paint and/or lead-based paint hazards, and the condition of the painted
surfaces.
(4) The seller or lessor shall provide the purchaser or lessee with any records or
reports available to the seller or lessor pertaining to lead-based paint and/or leadbased paint hazards in the target housing being sold or leased. This requirement
includes records or reports regarding common areas. This requirement also
includes records or reports regarding other residential dwellings in multifamily
target housing, provided that such information is part of an evaluation or
reduction of lead-based paint and/or lead-based paint hazards in the target housing
as a whole.
(b) If any of the disclosure activities identified in paragraph (a) of this section occurs
after the purchaser or lessee has provided an offer to purchase or lease the housing, the
seller or lessor shall complete the required disclosure activities prior to accepting the
purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review
the information and possibly amend the offer.
42 U.S.C. § 745.110 (2011). Opportunity to conduct an evaluation
(a) Before a purchaser is obligated under any contract to purchase target housing, the
seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in
writing, upon a different period of time) to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards.
(b) Not withstanding paragraph (a) of this section, a purchaser may waive the opportunity
to conduct the risk assessment or inspection by so indicating in writing.
42 U.S.C. § 745.113 (2011). Certification and acknowledgement of disclosure
(a) Seller requirements. Each contract to sell target housing shall include an attachment
containing the following elements, in the language of the contract (e.g., English,
Spanish):
(1) A Lead Warning Statement consisting of the following language:
Every purchaser of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified that such property may present
exposure to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning
also poses a particular risk to pregnant women. The seller of any interest in
residential real property is required to provide the buyer with any information on
lead-based paint hazards from risk assessments or inspections in the seller's
possession and notify the buyer of any known lead-based paint hazards. A risk
assessment or inspection for possible lead-based paint hazards is recommended
prior to purchase.
(2) A statement by the seller disclosing the presence of known lead-based paint
and/or lead-based paint hazards in the target housing being sold or indicating no
knowledge of the presence of lead-based paint and/or lead-based paint hazards.
The seller shall also provide any additional information available concerning the
known lead-based paint and/or lead-based paint hazards, such as the basis for the
determination that lead-based paint and/or lead-based paint hazards exist, the
location of the lead-based paint and/or lead-based paint hazards, and the condition
of the painted surfaces.
(3) A list of any records or reports available to the seller pertaining to lead-based
paint and/or lead-based paint hazards in the housing that have been provided to
the purchaser. If no such records or reports are available, the seller shall so
indicate.
(4) A statement by the purchaser affirming receipt of the information set out in
paragraphs (a)(2) and (a)(3) of this section and the lead hazard information
pamphlet required under 15 U.S.C. 2696.
(5) A statement by the purchaser that he/she has either:
(i) Received the opportunity to conduct the risk assessment or inspection
required by § 745.110(a); or
(ii) Waived the opportunity.
(6) When one or more agents are involved in the transaction to sell target housing
on behalf of the seller, a statement that:
(i) The agent has informed the seller of the seller's obligations under 42
U.S.C. 4852d; and
(ii) The agent is aware of his/her duty to ensure compliance with the
requirements of this subpart.
(7) The signatures of the sellers, agents, and purchasers certifying to the accuracy
of their statements to the best of their knowledge, along with the dates of
signature.
(b) Lessor requirements. Each contract to lease target housing shall include, as an
attachment or within the contract, the following elements, in the language of the contract
(e.g., English, Spanish):
(1) A Lead Warning Statement with the following language:
Housing built before 1978 may contain lead-based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is
especially harmful to young children and pregnant women. Before renting pre1978 housing, lessors must disclose the presence of lead-based paint and/or leadbased paint hazards in the dwelling. Lessees must also receive a federally
approved pamphlet on lead poisoning prevention.
(2) A statement by the lessor disclosing the presence of known lead-based paint
and/or lead-based paint hazards in the target housing being leased or indicating no
knowledge of the presence of lead-based paint and/or lead-based paint hazards.
The lessor shall also disclose any additional information available concerning the
known lead-based paint and/or lead-based paint hazards, such as the basis for the
determination that lead-based paint and/or lead-based paint hazards exist, the
location of the lead-based paint and/or lead-based paint hazards, and the condition
of the painted surfaces.
(3) A list of any records or reports available to the lessor pertaining to lead-based
paint and/or lead-based paint hazards in the housing that have been provided to
the lessee. If no such records or reports are available, the lessor shall so indicate.
(4) A statement by the lessee affirming receipt of the information set out in
paragraphs (b)(2) and (b)(3) of this section and the lead hazard information
pamphlet required under 15 U.S.C. 2969.
(5) When one or more agents are involved in the transaction to lease target
housing on behalf of the lessor, a statement that:
(i) The agent has informed the lessor of the lessors obligations under 42
U.S.C. 4852d; and
(ii) The agent is aware of his/her duty to ensure compliance with the
requirements of this subpart.
(6) The signatures of the lessors, agents, and lessees, certifying to the accuracy of
their statements, to the best of their knowledge, along with the dates of signature.
(c) Retention of Certification and Acknowledgment Information.
(1) The seller, and any agent, shall retain a copy of the completed attachment
required under paragraph (a) of this section for no less than 3 years from the
completion date of the sale. The lessor, and any agent, shall retain a copy of the
completed attachment or lease contract containing the information required under
paragraph (b) of this section for no less than 3 years from the commencement of
the leasing period.
(2) This recordkeeping requirement is not intended to place any limitations on
civil suits under the Act, or to otherwise affect a lessee's or purchaser's rights
under the civil penalty provisions of 42 U.S.C. 4852d(b)(3).
(d) The seller, lessor, or agent shall not be responsible for the failure of a purchaser's or
lessee's legal representative (where such representative receives all compensation from
the purchaser or lessee) to transmit disclosure materials to the purchaser or lessee,
provided that all required parties have completed and signed the necessary certification
and acknowledgment language required under paragraphs (a) and (b) of this section.
42 U.S.C. § 745.115 (2011). Agent responsibilities
(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure
compliance, the agent shall:
(1) Inform the seller or lessor of his/her obligations under §§ 745.107, 745.110,
and 745.113.
(2) Ensure that the seller or lessor has performed all activities required under §§
745.107, 745.110, and 745.113, or personally ensure compliance with the
requirements of §§ 745.107, 745.110, and 745.113.
(b) If the agent has complied with paragraph (a)(1) of this section, the agent shall not be
liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint
and/or lead-based paint hazards known by a seller or lessor but not disclosed to the agent.
42 U.S.C. § 745.118 (2011). Enforcement
(a) Any person who knowingly fails to comply with any provision of this subpart shall be
subject to civil monetary penalties in accordance with the provisions of 42 U.S.C. 3545
and 24 CFR part 30.
(b) The Secretary is authorized to take such action as may be necessary to enjoin any
violation of this subpart in the appropriate Federal district court.
(c) Any person who knowingly violates the provisions of this subpart shall be jointly and
severally liable to the purchaser or lessee in an amount equal to 3 times the amount of
damages incurred by such individual.
(d) In any civil action brought for damages pursuant to 42 U.S.C. 4852d(b)(3), the
appropriate court may award court costs to the party commencing such action, together
with reasonable attorney fees and any expert witness fees, if that party prevails.
(e) Failure or refusal to comply with § 745.107 (disclosure requirements for sellers and
lessors), § 745.110 (opportunity to conduct an evaluation), § 745.113 (certification and
acknowledgment of disclosure), or § 745.115 (agent responsibilities) is a violation of 42
U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).
(f) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16
(15 U.S.C. 2615) for each violation. For purposes of enforcing this subpart, the penalty
for each violation applicable under 15 U.S.C. 2615 shall be not more than $ 11,000 for all
violations occurring after July 28, 1997; all violations occurring on or prior to that date
are subject to a penalty not more than $ 10,000.
42 U.S.C. § 745.118 (2011). Enforcement
Nothing in this subpart shall relieve a seller, lessor, or agent from any responsibility for
compliance with State or local laws, ordinances, codes, or regulations governing notice or
disclosure of known lead-based paint or lead-based paint hazards. Neither HUD nor EPA
assumes any responsibility for ensuring compliance with such State or local
requirements.
SUBPART L – LEAD-BASED PAINT ACTIVITIES
42 U.S.C. § 745.220 (2011). Scope and applicability
(a) This subpart contains procedures and requirements for the accreditation of training
programs for lead-based paint activities and renovations, procedures and requirements for
the certification of individuals and firms engaged in lead-based paint activities, and work
practice standards for performing such activities. This subpart also requires that, except
as discussed below, all lead-based paint activities, as defined in this subpart, be
performed by certified individuals and firms.
(b) This subpart applies to all individuals and firms who are engaged in lead-based paint
activities as defined in § 745.223, except persons who perform these activities within
residential dwellings that they own, unless the residential dwelling is occupied by a
person or persons other than the owner or the owner's immediate family while these
activities are being performed, or a child residing in the building has been identified as
having an elevated blood lead level. This subpart applies only in those States or Indian
Country that do not have an authorized State or Tribal program pursuant to § 745.324 of
subpart Q.
(c) Each department, agency, and instrumentality of the executive, legislative, and
judicial branches of the Federal Government having jurisdiction over any property or
facility, or engaged in any activity resulting, or which may result, in a lead-based paint
hazard, and each officer, agent, or employee thereof shall be subject to, and comply with,
all Federal, State, interstate, and local requirements, both substantive and procedural,
including the requirements of this subpart regarding lead-based paint, lead-based paint
activities, and lead-based paint hazards.
(d) While this subpart establishes specific requirements for performing lead-based paint
activities should they be undertaken, nothing in this subpart requires that the owner or
occupant undertake any particular lead-based paint activity.
42 U.S.C. § 745.223 (2011). Definitions
The definitions in subpart A apply to this subpart. In addition, the following definitions
apply.
Abatement means any measure or set of measures designed to permanently eliminate
lead-based paint hazards. Abatement includes, but is not limited to:
(1) The removal of paint and dust, the permanent enclosure or encapsulation of
lead-based paint, the replacement of painted surfaces or fixtures, or the removal or
permanent covering of soil, when lead-based paint hazards are present in such
paint, dust or soil; and
(2) All preparation, cleanup, disposal, and post-abatement clearance testing
activities associated with such measures.
(3) Specifically, abatement includes, but is not limited to:
(i) Projects for which there is a written contract or other documentation,
which provides that an individual or firm will be conducting activities in
or to a residential dwelling or child-occupied facility that:
(A) Shall result in the permanent elimination of lead-based paint
hazards; or
(B) Are designed to permanently eliminate lead-based paint
hazards and are described in paragraphs (1) and (2) of this
definition.
(ii) Projects resulting in the permanent elimination of lead-based paint
hazards, conducted by firms or individuals certified in accordance with §
745.226, unless such projects are covered by paragraph (4) of this
definition;
(iii) Projects resulting in the permanent elimination of lead-based paint
hazards, conducted by firms or individuals who, through their company
name or promotional literature, represent, advertise, or hold themselves
out to be in the business of performing lead-based paint activities as
identified and defined by this section, unless such projects are covered by
paragraph (4) of this definition; or
(iv) Projects resulting in the permanent elimination of lead-based paint
hazards, that are conducted in response to State or local abatement orders.
(4) Abatement does not include renovation, remodeling, landscaping or other
activities, when such activities are not designed to permanently eliminate leadbased paint hazards, but, instead, are designed to repair, restore, or remodel a
given structure or dwelling, even though these activities may incidentally result in
a reduction or elimination of lead-based paint hazards. Furthermore, abatement
does not include interim controls, operations and maintenance activities, or other
measures and activities designed to temporarily, but not permanently, reduce leadbased paint hazards.
Accredited training program means a training program that has been accredited by EPA
pursuant to § 745.225 to provide training for individuals engaged in lead-based paint
activities.
Adequate quality control means a plan or design which ensures the authenticity, integrity,
and accuracy of samples, including dust, soil, and paint chip or paint film samples.
Adequate quality control also includes provisions for representative sampling.
Business day means Monday through Friday with the exception of Federal holidays.
Certified firm means a company, partnership, corporation, sole proprietorship,
association, or other business entity that performs lead-based paint activities to which
EPA has issued a certificate of approval pursuant to § 745.226(f).
Certified inspector means an individual who has been trained by an accredited training
program, as defined by this section, and certified by EPA pursuant to § 745.226 to
conduct inspections. A certified inspector also samples for the presence of lead in dust
and soil for the purposes of abatement clearance testing.
Certified abatement worker means an individual who has been trained by an accredited
training program, as defined by this section, and certified by EPA pursuant to § 745.226
to perform abatements.
Certified project designer means an individual who has been trained by an accredited
training program, as defined by this section, and certified by EPA pursuant to § 745.226
to prepare abatement project designs, occupant protection plans, and abatement reports.
Certified risk assessor means an individual who has been trained by an accredited
training program, as defined by this section, and certified by EPA pursuant to § 745.226
to conduct risk assessments. A risk assessor also samples for the presence of lead in dust
and soil for the purposes of abatement clearance testing.
Certified supervisor means an individual who has been trained by an accredited training
program, as defined by this section, and certified by EPA pursuant to § 745.226 to
supervise and conduct abatements, and to prepare occupant protection plans and
abatement reports.
Child-occupied facility means a building, or portion of a building, constructed prior to
1978, visited regularly by the same child, 6 years of age or under, on at least two different
days within any week (Sunday through Saturday period), provided that each day's visit
lasts at least 3 hours and the combined weekly visit lasts at least 6 hours, and the
combined annual visits last at least 60 hours. Child-occupied facilities may include, but
are not limited to, day-care centers, preschools and kindergarten classrooms.
Clearance levels are values that indicate the maximum amount of lead permitted in dust
on a surface following completion of an abatement activity.
Common area means a portion of a building that is generally accessible to all occupants.
Such an area may include, but is not limited to, hallways, stairways, laundry and
recreational rooms, playgrounds, community centers, garages, and boundary fences.
Component or building component means specific design or structural elements or
fixtures of a building, residential dwelling, or child-occupied facility that are
distinguished from each other by form, function, and location. These include, but are not
limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors,
door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports,
stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows
and trim (including sashes, window heads, jambs, sills or stools and troughs), built in
cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and
exterior components such as: painted roofing, chimneys, flashing, gutters and
downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and
door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails,
stair risers and treads, stair stringers, columns, balustrades, window sills or stools and
troughs, casings, sashes and wells, and air conditioners.
Containment means a process to protect workers and the environment by controlling
exposures to the lead-contaminated dust and debris created during an abatement.
Course agenda means an outline of the key topics to be covered during a training course,
including the time allotted to teach each topic.
Course test means an evaluation of the overall effectiveness of the training which shall
test the trainees' knowledge and retention of the topics covered during the course.
Course test blue print means written documentation identifying the proportion of course
test questions devoted to each major topic in the course curriculum.
Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise
separating from the substrate of a building component.
Discipline means one of the specific types or categories of lead-based paint activities
identified in this subpart for which individuals may receive training from accredited
programs and become certified by EPA. For example, "abatement worker" is a discipline.
Distinct painting history means the application history, as indicated by its visual
appearance or a record of application, over time, of paint or other surface coatings to a
component or room.
Documented methodologies are methods or protocols used to sample for the presence of
lead in paint, dust, and soil.
Elevated blood lead level (EBL) means an excessive absorption of lead that is a
confirmed concentration of lead in whole blood of 20 mg/dl (micrograms of lead per
deciliter of whole blood) for a single venous test or of 15-19 mg/dl in two consecutive
tests taken 3 to 4 months apart.
Encapsulant means a substance that forms a barrier between lead-based paint and the
environment using a liquid-applied coating (with or without reinforcement materials) or
an adhesively bonded covering material.
Encapsulation means the application of an encapsulant.
Enclosure means the use of rigid, durable construction materials that are mechanically
fastened to the substrate in order to act as a barrier between lead-based paint and the
environment.
Guest instructor means an individual designated by the training program manager or
principal instructor to provide instruction specific to the lecture, hands-on activities, or
work practice components of a course.
Hands-on skills assessment means an evaluation which tests the trainees' ability to
satisfactorily perform the work practices and procedures identified in § 745.225(d), as
well as any other skill taught in a training course.
Hazardous waste means any waste as defined in 40 CFR 261.3.
Inspection means a surface-by-surface investigation to determine the presence of leadbased paint and the provision of a report explaining the results of the investigation.
Interim certification means the status of an individual who has successfully completed the
appropriate training course in a discipline from an accredited training program, as defined
by this section, but has not yet received formal certification in that discipline from EPA
pursuant to § 745.226. Interim certifications expire 6 months after the completion of the
training course, and is equivalent to a certificate for the 6-month period.
Interim controls means a set of measures designed to temporarily reduce human exposure
or likely exposure to lead-based paint hazards, including specialized cleaning, repairs,
maintenance, painting, temporary containment, ongoing monitoring of lead-based paint
hazards or potential hazards, and the establishment and operation of management and
resident education programs.
Lead-based paint means paint or other surface coatings that contain lead equal to or in
excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
Lead-based paint activities means, in the case of target housing and child-occupied
facilities, inspection, risk assessment, and abatement, as defined in this subpart.
Lead-based paint activities courses means initial and refresher training courses (worker,
supervisor, inspector, risk assessor, project designer) provided by accredited training
programs.
Lead-based paint hazard means any condition that causes exposure to lead from leadcontaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated
or present in accessible surfaces, friction surfaces, or impact surfaces that would result in
adverse human health effects as identified by the Administrator pursuant to TSCA section
403.
Lead-hazard screen is a limited risk assessment activity that involves limited paint and
dust sampling as described in § 745.227(c).
Living area means any area of a residential dwelling used by one or more children age 6
and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms,
and children's bedrooms.
Local government means a county, city, town, borough, parish, district, association, or
other public body (including an agency comprised of two or more of the foregoing
entities) created under State law.
Multi-family dwelling means a structure that contains more than one separate residential
dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or
in part, as the home or residence of one or more persons.
Nonprofit means an entity which has demonstrated to any branch of the Federal
Government or to a State, municipal, tribal or territorial government, that no part of its
net earnings inure to the benefit of any private shareholder or individual.
Paint in poor condition means more than 10 square feet of deteriorated paint on exterior
components with large surface areas; or more than 2 square feet of deteriorated paint on
interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more
than 10 percent of the total surface area of the component is deteriorated on interior or
exterior components with small surface areas (window sills,baseboards, soffits, trim).
Permanently covered soil means soil which has been separated from human contact by
the placement of a barrier consisting of solid, relatively impermeable materials, such as
pavement or concrete. Grass, mulch, and other landscaping materials are not considered
permanent covering.
Person means any natural or judicial person including any individual, corporation,
partnership, or association; any Indian Tribe, State, or political subdivision thereof; any
interstate body; and any department, agency, or instrumentality of the Federal
government.
Principal instructor means the individual who has the primary responsibility for
organizing and teaching a particular course.
Recognized laboratory means an environmental laboratory recognized by EPA pursuant
to TSCA section 405(b) as being capable of performing an analysis for lead compounds
in paint, soil, and dust.
Reduction means measures designed to reduce or eliminate human exposure to leadbased paint hazards through methods including interim controls and abatement.
Residential dwelling means (1) a detached single family dwelling unit, including attached
structures such as porches and stoops; or (2) a single family dwelling unit in a structure
that contains more than one separate residential dwelling unit, which is used or occupied,
or intended to be used or occupied, in whole or in part, as the home or residence of one or
more persons.
Risk assessment means (1) an on-site investigation to determine the existence, nature,
severity, and location of lead-based paint hazards, and (2) the provision of a report by the
individual or the firm conducting the risk assessment, explaining the results of the
investigation and options for reducing lead-based paint hazards.
Start date means the first day of any lead-based paint activities training course or leadbased paint abatement activity.
Start date provided to EPA means the start date included in the original notification or the
most recent start date provided to EPA in an updated notification.
State means any State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the
Northern Mariana Islands, or any other territory or possession of the United States.
Target housing means any housing constructed prior to 1978, except housing for the
elderly or persons with disabilities (unless any one or more children age 6 years or under
resides or is expected to reside in such housing for the elderly or persons with
disabilities) or any 0-bedroom dwelling.
Training curriculum means an established set of course topics for instruction in an
accredited training program for a particular discipline designed to provide specialized
knowledge and skills.
Training hour means at least 50 minutes of actual learning, including, but not limited to,
time devoted to lecture, learning activities, small group activities, demonstrations,
evaluations, and/or hands-on experience.
Training manager means the individual responsible for administering a training program
and monitoring the performance of principal instructors and guest instructors.
Training provider means any organization or entity accredited under § 745.225 to offer
lead-based paint activities courses.
Visual inspection for clearance testing means the visual examination of a residential
dwelling or a child-occupied facility following an abatement to determine whether or not
the abatement has been successfully completed.
Visual inspection for risk assessment means the visual examination of a residential
dwelling or a child-occupied facility to determine the existence of deteriorated lead-based
paint or other potential sources of lead-based paint hazards.
42 U.S.C. § 745.225 (2011). Accreditation of training programs: target housing and
child-occupied facilities
(a) Scope.
(1) A training program may seek accreditation to offer courses in any of the
following disciplines: Inspector, risk assessor, supervisor, project designer,
abatement worker, renovator, and dust sampling technician. A training program
may also seek accreditation to offer refresher courses for each of the above listed
disciplines.
(2) Training programs may first apply to EPA for accreditation of their lead-based
paint activities courses or refresher courses pursuant to this section on or after
August 31, 1998. Training programs may first apply to EPA for accreditation of
their renovator or dust sampling technician courses or refresher courses pursuant
to this section on or after April 22, 2009.
(3) A training program must not provide, offer, or claim to provide EPAaccredited lead-based paint activities courses without applying for and receiving
accreditation from EPA as required under paragraph (b) of this section on or after
March 1, 1999. A training program must not provide, offer, or claim to provide
EPA-accredited renovator or dust sampling technician courses without applying
for and receiving accreditation from EPA as required under paragraph (b) of this
section on or after June 23, 2008.
(b) Application process. The following are procedures a training program must follow to
receive EPA accreditation to offer lead-based paint activities courses, renovator courses,
or dust sampling technician courses:
(1) A training program seeking accreditation shall submit a written application to
EPA containing the following information:
(i) The training program's name, address, and telephone number.
(ii) A list of courses for which it is applying for accreditation. For the
purposes of this section, courses taught in different languages are
considered different courses, and each must independently meet the
accreditation requirements.
(iii) A statement signed by the training program manager certifying that
the training program meets the requirements established in paragraph (c)
of this section. If a training program uses EPA-recommended model
training materials, or training materials approved by a State or Indian
Tribe that has been authorized by EPA under subpart Q of this part, the
training program manager shall include a statement certifying that, as well.
(iv) If a training program does not use EPA-recommended model training
materials or training materials approved by an authorized State or Indian
Tribe, its application for accreditation shall also include:
(A) A copy of the student and instructor manuals, or other
materials to be used for each course.
(B) A copy of the course agenda for each course.
(C) When applying for accreditation of a course in a language
other than English, a signed statement from a qualified,
independent translator that they had compared the course to the
English language version and found the translation to be accurate.
(v) All training programs shall include in their application for
accreditation the following:
(A) A description of the facilities and equipment to be used for
lecture and hands-on training.
(B) A copy of the course test blueprint for each course.
(C) A description of the activities and procedures that will be used
for conducting the assessment of hands-on skills for each course.
(D) A copy of the quality control plan as described in paragraph
(c)(9) of this section.
(2) If a training program meets the requirements in paragraph (c) of this section,
then EPA shall approve the application for accreditation no more than 180 days
after receiving a complete application from the training program. In the case of
approval, a certificate of accreditation shall be sent to the applicant. In the case of
disapproval, a letter describing the reasons for disapproval shall be sent to the
applicant. Prior to disapproval, EPA may, at its discretion, work with the
applicant to address inadequacies in the application for accreditation. EPA may
also request additional materials retained by the training program under paragraph
(i) of this section. If a training program's application is disapproved, the program
may reapply for accreditation at any time.
(3) A training program may apply for accreditation to offer courses or refresher
courses in as many disciplines as it chooses. A training program may seek
accreditation for additional courses at any time as long as the program can
demonstrate that it meets the requirements of this section.
(4) A training program applying for accreditation must submit the appropriate
fees in accordance with § 745.238.
(c) Requirements for the accreditation of training programs. For a training program to
obtain accreditation from EPA to offer lead-based paint activities courses, renovator
courses, or dust sampling technician courses, the program must meet the following
requirements:
(1) The training program shall employ a training manager who has:
(i) At least 2 years of experience, education, or training in teaching
workers or adults; or
(ii) A bachelor's or graduate degree in building construction technology,
engineering, industrial hygiene, safety, public health, education, business
administration or program management or a related field; or
(iii) Two years of experience in managing a training program specializing
in environmental hazards; and
(iv) Demonstrated experience, education, or training in the construction
industry including: lead or asbestos abatement, painting, carpentry,
renovation, remodeling, occupational safety and health, or industrial
hygiene.
(2) The training manager shall designate a qualified principal instructor for each
course who has:
(i) Demonstrated experience, education, or training in teaching workers or
adults; and
(ii) Successfully completed at least 16 hours of any EPA-accredited or
EPA-authorized State or Tribal-accredited lead-specific training for
instructors of lead-based paint activities courses or 8 hours of any EPAaccredited or EPA-authorized State or Tribal-accredited lead- specific
training for instructors of renovator or dust sampling technician courses;
and
(iii) Demonstrated experience, education, or training in lead or asbestos
abatement, painting, carpentry, renovation, remodeling, occupational
safety and health, or industrial hygiene.
(3) The principal instructor shall be responsible for the organization of the course
and oversight of the teaching of all course material. The training manager may
designate guest instructors as needed to provide instruction specific to the lecture,
hands-on activities, or work practice components of a course.
(4) The following documents shall be recognized by EPA as evidence that
training managers and principal instructors have the education, work experience,
training requirements or demonstrated experience, specifically listed in
paragraphs (c)(1) and (c)(2) of this section. This documentation need not be
submitted with the accreditation application, but, if not submitted, shall be
retained by the training program as required by the recordkeeping requirements
contained in paragraph (i) of this section. Those documents include the following:
(i) Official academic transcripts or diploma as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Certificates from train-the-trainer courses and lead-specific training
courses, as evidence of meeting the training requirements.
(5) The training program shall ensure the availability of, and provide adequate
facilities for, the delivery of the lecture, course test, hands-on training, and
assessment activities. This includes providing training equipment that reflects
current work practices and maintaining or updating the equipment and facilities as
needed.
(6) To become accredited in the following disciplines, the training program shall
provide training courses that meet the following training hour requirements:
(i) The inspector course shall last a minimum of 24 training hours, with a
minimum of 8 hours devoted to hands-on training activities. The minimum
curriculum requirements for the inspector course are contained in
paragraph (d)(1) of this section.
(ii) The risk assessor course shall last a minimum of 16 training hours,
with a minimum of 4 hours devoted to hands-on training activities. The
minimum curriculum requirements for the risk assessor course are
contained in paragraph (d)(2) of this section.
(iii) The supervisor course shall last a minimum of 32 training hours, with
a minimum of 8 hours devoted to hands-on activities. The minimum
curriculum requirements for the supervisor course are contained in
paragraph (d)(3) of this section.
(iv) The project designer course shall last a minimum of 8 training hours.
The minimum curriculum requirements for the project designer course are
contained in paragraph (d)(4) of this section.
(v) The abatement worker course shall last a minimum of 16 training
hours, with a minimum of 8 hours devoted to hands-on training activities.
The minimum curriculum requirements for the abatement worker course
are contained in paragraph (d)(5) of this section.
(vi) The renovator course must last a minimum of 8 training hours, with a
minimum of 2 hours devoted to hands-on training activities. The minimum
curriculum requirements for the renovator course are contained in
paragraph (d)(6) of this section. Hands-on training activities must cover
renovation methods that minimize the creation of dust and lead-based
paint hazards, interior and exterior containment and cleanup methods, and
post-renovation cleaning verification.
(vii) The dust sampling technician course must last a minimum of 8
training hours, with a minimum of 2 hours devoted to hands-on training
activities. The minimum curriculum requirements for the dust sampling
technician course are contained in paragraph (d)(7) of this section. Handson training activities must cover dust sampling methodologies.
(7) For each course offered, the training program shall conduct either a course test
at the completion of the course, and if applicable, a hands-on skills assessment, or
in the alternative, a proficiency test for that discipline. Each individual must
successfully complete the hands-on skills assessment and receive a passing score
on the course test to pass any course, or successfully complete a proficiency test.
(i) The training manager is responsible for maintaining the validity and
integrity of the hands-on skills assessment or profiency test to ensure that
it accurately evaluates the trainees' performance of the work practices and
procedures associated with the course topics contained in paragraph (d) of
this section.
(ii) The training manager is responsible for maintaining the validity and
integrity of the course test to ensure that it accurately evaluates the
trainees' knowledge and retention of the course topics.
(iii) The course test shall be developed in accordance with the test
blueprint submitted with the training accreditation application.
(8) The training program shall issue unique course completion certificates to each
individual who passes the training course. The course completion certificate shall
include:
(i) The name, a unique identification number, and address of the
individual.
(ii) The name of the particular course that the individual completed.
(iii) Dates of course completion/test passage.
(iv) For initial inspector, risk assessor, project designer, supervisor, or
abatement worker course completion certificates, the expiration date of
interim certification, which is 6 months from the date of course
completion.
(v) The name, address, and telephone number of the training program.
(vi) The language in which the course was taught.
(vii) For renovator and dust sampling technician course completion
certificates, a photograph of the individual.
(9) The training manager shall develop and implement a quality control plan. The
plan shall be used to maintain and improve the quality of the training program
over time. This plan shall contain at least the following elements:
(i) Procedures for periodic revision of training materials and the course
test to reflect innovations in the field.
(ii) Procedures for the training manager's annual review of principal
instructor competency.
(10) Courses offered by the training program must teach the work practice
standards contained in § 745.85 or § 745.227, as applicable, in such a manner that
trainees are provided with the knowledge needed to perform the renovations or
lead-based paint activities they will be responsible for conducting.
(11) The training manager shall be responsible for ensuring that the training
program complies at all times with all of the requirements in this section.
(12) The training manager shall allow EPA to audit the training program to verify
the contents of the application for accreditation as described in paragraph (b) of
this section.
(13) The training manager must provide notification of renovator, dust sampling
technician, or lead-based paint activities courses offered.
(i) The training manager must provide EPA with notification of all
renovator, dust sampling technician, or lead-based paint activities courses
offered. The original notification must be received by EPA at least 7
business days prior to the start date of any renovator, dust sampling
technician, or lead-based paint activities course.
(ii) The training manager must provide EPA updated notification when
renovator, dust sampling technician, or lead-based paint activities courses
will begin on a date other than the start date specified in the original
notification, as follows:
(A) For renovator, dust sampling technician, or lead-based paint
activities courses beginning prior to the start date provided to EPA,
an updated notification must be received by EPA at least 7
business days before the new start date.
(B) For renovator, dust sampling technician, or lead-based paint
activities courses beginning after the start date provided to EPA, an
updated notification must be received by EPA at least 2 business
days before the start date provided to EPA.
(iii) The training manager must update EPA of any change in location of
renovator, dust sampling technician, or lead-based paint activities courses
at least 7 business days prior to the start date provided to EPA.
(iv) The training manager must update EPA regarding any course
cancellations, or any other change to the original notification. Updated
notifications must be received by EPA at least 2 business days prior to the
start date provided to EPA.
(v) Each notification, including updates, must include the following:
(A) Notification type (original, update, cancellation).
(B) Training program name, EPA accreditation number, address,
and telephone number.
(C) Course discipline, type (initial/ refresher), and the language in
which instruction will be given. (D) Date(s) and time(s) of training.
(E) Training location(s) telephone number, and address.
(F) Principal instructor's name.
(G) Training manager's name and signature.
(vi) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency's Central
Data Exchange (CDX). Written notification of renovator, dust sampling
technician, or lead-based paint activities course schedules can be
accomplished by using either the sample form titled "Renovator, Dust
Sampling Technician, or Lead-based Paint Activities Training Course
Schedule" or a similar form containing the information required in
paragraph (c)(13)(v) of this section. All written notifications must be
delivered by U.S. Postal Service, fax, commercial delivery service, or
hand delivery (persons submitting notification by U.S. Postal Service are
reminded that they should allow 3 additional business days for delivery in
order to ensure that EPA receives the notification by the required date).
Instructions and sample forms can be obtained from the NLIC at 1-800424-LEAD(5323), or on the Internet at .
(vii) Renovator, dust sampling technician, or lead-based paint activities
courses must not begin on a date, or at a location other than that specified
in the original notification unless an updated notification identifying a new
start date or location is submitted, in which case the course must begin on
the new start date and/or location specified in the updated notification.
(viii) No training program shall provide renovator, dust sampling
technician, or lead-based paint activities courses without first notifying
EPA of such activities in accordance with the requirements of this
paragraph.
(14) The training manager must provide notification following completion of
renovator, dust sampling technician, or lead-based paint activities courses.
(i) The training manager must provide EPA notification after the
completion of any renovator, dust sampling technician, or lead-based paint
activities course. This notice must be received by EPA no later than 10
business days following course completion.
(ii) The notification must include the following:
(A) Training program name, EPA accreditation number, address,
and telephone number.
(B) Course discipline and type (initial/refresher).
(C) Date(s) of training.
(D) The following information for each student who took the
course:
(1) Name.
(2) Address.
(3) Date of birth.
(4) Course completion certificate number.
(5) Course test score.
(6) For renovator or dust sampling technician courses only,
a digital photograph of the student.
(E) Training manager's name and signature.
(iii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency's Central
Data Exchange (CDX). Written notification following training courses can
be accomplished by using either the sample form, entitled Post-Training
Notification or a similar form containing the information required in
paragraph (c)(14)(ii) of this section. All written notifications must be
delivered by U.S. Postal Service, fax, commercial delivery service, or
hand delivery (persons submitting notification by U.S. Postal Service are
reminded that they should allow 3 additional business days for delivery in
order to ensure that EPA receives the notification by the required date).
Instructions and sample forms can be obtained from the NLIC at 1-800424-LEAD (5323), or on the Internet at .
(d) Minimum training curriculum requirements. To become accredited to offer lead-based
paint courses instruction in the specific disciplines listed below, training programs must
ensure that their courses of study include, at a minimum, the following course topics.
Requirements ending in an asterisk (*) indicate areas that require hands-on activities as
an integral component of the course
(1) Inspector.
(i) Role and responsibilities of an inspector.
(ii) Background information on lead and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertains to lead-based paint and lead-based paint activities.
(iv) Lead-based paint inspection methods, including selection of rooms
and components for sampling or testing.*
(v) Paint, dust, and soil sampling methodologies.*
(vi) Clearance standards and testing, including random sampling.*
(vii) Preparation of the final inspection report.*
(viii) Recordkeeping.
(2) Risk assessor.
(i) Role and responsibilities of a risk assessor.
(ii) Collection of background information to perform a risk assessment.
(iii) Sources of environmental lead contamination such as paint, surface
dust and soil, water, air, packaging, and food.
(iv) Visual inspection for the purposes of identifying potential sources of
lead-based paint hazards.*
(v) Lead hazard screen protocol.
(vi) Sampling for other sources of lead exposure.*
(vii) Interpretation of lead-based paint and other lead sampling results,
including all applicable State or Federal guidance or regulations pertaining
to lead-based paint hazards.*
(viii) Development of hazard control options, the role of interim controls,
and operations and maintenance activities to reduce lead-based paint
hazards.
(ix) Preparation of a final risk assessment report.
(2) Supervisor.
(i) Role and responsibilities of a supervisor.
(ii) Background information on lead and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertain to lead-based paint abatement.
(iv) Liability and insurance issues relating to lead-based paint abatement.
(v) Risk assessment and inspection report interpretation.*
(vi) Development and implementation of an occupant protection plan and
abatement report.
(vii) Lead-based paint hazard recognition and control.*
(viii) Lead-based paint abatement and lead-based paint hazard reduction
methods, including restricted practices.*
(ix) Interior dust abatement/cleanup or lead-based paint hazard control and
reduction methods.*
(x) Soil and exterior dust abatement or lead-based paint hazard control and
reduction methods.*
(xi) Clearance standards and testing.
(xii) Cleanup and waste disposal.
(xiii) Recordkeeping.
(3) Project designer.
(i) Role and responsibilities of a project designer.
(ii) Development and implementation of an occupant protection plan for large
scale abatement projects.
(iii) Lead-based paint abatement and lead-based paint hazard reduction
methods, including restricted practices for large-scale abatement projects.
(iv) Interior dust abatement/cleanup or lead hazard control and reduction
methods for large-scale abatement projects.
(v) Clearance standards and testing for large scale abatement projects.
(vi) Integration of lead-based paint abatement methods with modernization
and rehabilitation projects for large scale abatement projects.
(4) Abatement worker.
(i) Role and responsibilities of an abatement worker.
(ii) Background information on lead and its adverse health effects.
(iii) Background information on Federal, State and local regulations and
guidance that pertain to lead-based paint abatement.
(iv) Lead-based paint hazard recognition and control.*
(v) Lead-based paint abatement and lead-based paint hazard reduction
methods, including restricted practices.*
(vi) Interior dust abatement methods/cleanup or lead-based paint hazard
reduction.*
(vii) Soil and exterior dust abatement methods or lead-based paint hazard
reduction.*
(6) Renovator.
(i) Role and responsibility of a renovator.
(ii) Background information on lead and its adverse health effects.
(iii) Background information on EPA, HUD, OSHA, and other Federal,
State, and local regulations and guidance that pertains to lead-based paint
and renovation activities.
(iv) Procedures for using acceptable test kits to determine whether paint is
lead-based paint.
(v) Renovation methods to minimize the creation of dust and lead-based
paint hazards.
(vi) Interior and exterior containment and cleanup methods.
(vii) Methods to ensure that the renovation has been properly completed,
including cleaning verification, and clearance testing.
(viii) Waste handling and disposal.
(ix) Providing on-the-job training to other workers.
(x) Record preparation.
(7) Dust sampling technician.
(i) Role and responsibility of a dust sampling technician.
(ii) Background information on lead and its adverse health effects.
(iii) Background information on Federal, State, and local regulations and
guidance that pertains to lead-based paint and renovation activities.
(iv) Dust sampling methodologies.
(v) Clearance standards and testing.
(vi) Report preparation.
(e) Requirements for the accreditation of refresher training programs. A training program
may seek accreditation to offer refresher training courses in any of the following
disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker,
renovator, and dust sampling technician. To obtain EPA accreditation to offer refresher
training, a training program must meet the following minimum requirements:
(1) Each refresher course shall review the curriculum topics of the full-length
courses listed under paragraph (d) of this section, as appropriate. In addition, to
become accredited to offer refresher training courses, training programs shall
ensure that their courses of study include, at a minimum, the following:
(i) An overview of current safety practices relating to lead-based paint in
general, as well as specific information pertaining to the appropriate
discipline.
(ii) Current laws and regulations relating to lead-based paint in general, as
well as specific information pertaining to the appropriate discipline.
(iii) Current technologies relating to lead-based paint in general, as well as
specific information pertaining to the appropriate discipline.
(2) Refresher courses for inspector, risk assessor, supervisor, and abatement
worker must last a minimum of 8 training hours. Refresher courses for project
designer, renovator, and dust sampling technician must last a minimum of 4
training hours.
(3) For each course offered, the training program shall conduct a hands-on
assessment (if applicable), and at the completion of the course, a course test.
(4) A training program may apply for accreditation of a refresher course
concurrently with its application for accreditation of the corresponding training
course as described in paragraph (b) of this section. If so, EPA shall use the
approval procedure described in paragraph (b) of this section. In addition, the
minimum requirements contained in paragraphs (c) (except for the requirements
in paragraph (c)(6)), and (e)(1), (e)(2) and (e)(3) of this section shall also apply.
(5) A training program seeking accreditation to offer refresher training courses
only shall submit a written application to EPA containing the following
information:
(i) The refresher training program's name, address, and telephone number.
(ii) A list of courses for which it is applying for accreditation.
(iii) A statement signed by the training program manager certifying that
the refresher training program meets the minimum requirements
established in paragraph (c) of this section, except for the requirements in
paragraph (c)(6) of this section. If a training program uses EPA-developed
model training materials, or training materials approved by a State or
Indian Tribe that has been authorized by EPA under § 745.324 to develop
its refresher training course materials, the training manager shall include a
statement certifying that, as well.
(iv) If the refresher training course materials are not based on EPAdeveloped model training materials or training materials approved by an
authorized State or Indian Tribe, the training program's application for
accreditation shall include:
(A) A copy of the student and instructor manuals to be used for
each course.
(B) A copy of the course agenda for each course.
(v) All refresher training programs shall include in their application for
accreditation the following:
(A) A description of the facilities and equipment to be used for
lecture and hands-on training.
(B) A copy of the course test blueprint for each course.
(C) A description of the activities and procedures that will be used
for conducting the assessment of hands-on skills for each course (if
applicable).
(D) A copy of the quality control plan as described in paragraph
(c)(9) of this section.
(vi) The requirements in paragraphs (c)(1) through (c)(5), and (c)(7)
through (c)(14) of this section apply to refresher training providers.
(vii) If a refresher training program meets the requirements listed in this
paragraph, then EPA shall approve the application for accreditation no
more than 180 days after receiving a complete application from the
refresher training program. In the case of approval, a certificate of
accreditation shall be sent to the applicant. In the case of disapproval, a
letter describing the reasons for disapproval shall be sent to the applicant.
Prior to disapproval, EPA may, at its discretion, work with the applicant to
address inadequacies in the application for accreditation. EPA may also
request additional materials retained by the refresher training program
under paragraph (i) of this section. If a refresher training program's
application is disapproved, the program may reapply for accreditation at
any time.
(f) Re-accreditation of training programs.
(1) Unless re-accredited, a training program's accreditation (including refresher
training accreditation) shall expire 4 years after the date of issuance. If a training
program meets the requirements of this section, the training program shall be reaccredited.
(2) A training program seeking re-accreditation shall submit an application to
EPA no later than 180 days before its accreditation expires. If a training program
does not submit its application for re-accreditation by that date, EPA cannot
guarantee that the program will be re-accredited before the end of the
accreditation period.
(3) The training program's application for re-accreditation shall contain:
(i) The training program's name, address, and telephone number.
(ii) A list of courses for which it is applying for re-accreditation.
(iii) A description of any changes to the training facility, equipment or
course materials since its last application was approved that adversely
affects the students ability to learn.
(iv) A statement signed by the program manager stating:
(A) That the training program complies at all times with all
requirements in paragraphs (c) and (e) of this section, as
applicable; and
(B) The recordkeeping and reporting requirements of paragraph (i)
of this section shall be followed.
(v) A payment of appropriate fees in accordance with § 745.238.
(4) Upon request, the training program shall allow EPA to audit the training
program to verify the contents of the application for re-accreditation as described
in paragraph (f)(3) of this section.
(g) Suspension, revocation, and modification of accredited training programs.
(1) EPA may, after notice and an opportunity for hearing, suspend, revoke, or
modify training program accreditation (including refresher training accreditation)
if a training program, training manager, or other person with supervisory authority
over the training program has:
(i) Misrepresented the contents of a training course to EPA and/or the
student population.
(ii) Failed to submit required information or notifications in a timely
manner.
(iii) Failed to maintain required records.
(iv) Falsified accreditation records, instructor qualifications, or other
accreditation-related information or documentation.
(v) Failed to comply with the training standards and requirements in this
section.
(vi) Failed to comply with Federal, State, or local lead-based paint statutes
or regulations.
(vii) Made false or misleading statements to EPA in its application for
accreditation or re-accreditation which EPA relied upon in approving the
application.
(2) In addition to an administrative or judicial finding of violation, execution of a
consent agreement in settlement of an enforcement action constitutes, for
purposes of this section, evidence of a failure to comply with relevant statutes or
regulations.
(h) Procedures for suspension, revocation or modification of training program
accreditation.
(1) Prior to taking action to suspend, revoke, or modify the accreditation of a
training program, EPA shall notify the affected entity in writing of the following:
(i) The legal and factual basis for the suspension, revocation, or
modification.
(ii) The anticipated commencement date and duration of the suspension,
revocation, or modification.
(iii) Actions, if any, which the affected entity may take to avoid
suspension, revocation, or modification, or to receive accreditation in the
future.
(iv) The opportunity and method for requesting a hearing prior to final
EPA action to suspend, revoke or modify accreditation.
(v) Any additional information, as appropriate, which EPA may provide.
(2) If a hearing is requested by the accredited training program, EPA shall:
(i) Provide the affected entity an opportunity to offer written statements in
response to EPA's assertions of the legal and factual basis for its proposed
action, and any other explanations, comments, and arguments it deems
relevant to the proposed action.
(ii) Provide the affected entity such other procedural opportunities as EPA
may deem appropriate to ensure a fair and impartial hearing.
(iii) Appoint an official of EPA as Presiding Officer to conduct the
hearing. No person shall serve as Presiding Officer if he or she has had
any prior connection with the specific matter.
(3) The Presiding Officer appointed pursuant to paragraph (h)(2) of this section
shall:
(i) Conduct a fair, orderly, and impartial hearing within 90 days of the
request for a hearing.
(ii) Consider all relevant evidence, explanation, comment, and argument
submitted.
(iii) Notify the affected entity in writing within 90 days of completion of
the hearing of his or her decision and order. Such an order is a final
agency action which may be subject to judicial review.
(4) If EPA determines that the public health, interest, or welfare warrants
immediate action to suspend the accreditation of any training program prior to the
opportunity for a hearing, it shall:
(i) Notify the affected entity of its intent to immediately suspend training
program accreditation for the reasons listed in paragraph (g)(1) of this
section. If a suspension, revocation, or modification notice has not
previously been issued pursuant to paragraph (g)(1) of this section, it shall
be issued at the same time the emergency suspension notice is issued.
(ii) Notify the affected entity in writing of the grounds for the immediate
suspension and why it is necessary to suspend the entity's accreditation
before an opportunity for a suspension, revocation or modification
hearing.
(iii) Notify the affected entity of the anticipated commencement date and
duration of the immediate suspension.
(iv) Notify the affected entity of its right to request a hearing on the
immediate suspension within 15 days of the suspension taking place and
the procedures for the conduct of such a hearing.
(5) Any notice, decision, or order issued by EPA under this section, any
transcripts or other verbatim record of oral testimony, and any documents filed by
an accredited training program in a hearing under this section shall be available to
the public, except as otherwise provided by section 14 of TSCA or by part 2 of
this title. Any such hearing at which oral testimony is presented shall be open to
the public, except that the Presiding Officer may exclude the public to the extent
necessary to allow presentation of information which may be entitled to
confidential treatment under section 14 of TSCA or part 2 of this title.
(6) The public shall be notified of the suspension, revocation, modification or
reinstatement of a training program's accreditation through appropriate
mechanisms.
(7) EPA shall maintain a list of parties whose accreditation has been suspended,
revoked, modified or reinstated.
(i) Training program recordkeeping requirements. (1) Accredited training
programs shall maintain, and make available to EPA, upon request, the
following records:
(i) All documents specified in paragraph (c)(4) of this section that
demonstrate the qualifications listed in paragraphs (c)(1) and (c)(2) of this
section of the training manager and principal instructors.
(ii) Current curriculum/course materials and documents reflecting any
changes made to these materials.
(iii) The course test blueprint.
(iv) Information regarding how the hands-on assessment is conducted
including, but not limited to:
(A) Who conducts the assessment.
(B) How the skills are graded.
(C) What facilities are used.
(D) The pass/fail rate.
(v) The quality control plan as described in paragraph (c)(9) of this
section.
(vi) Results of the students' hands-on skills assessments and course tests,
and a record of each student's course completion certificate.
(vii) Any other material not listed above in paragraphs (i)(1)(i) through
(i)(1)(vi) of this section that was submitted to EPA as part of the program's
application for accreditation.
(2) The training program shall retain these records at the address
specified on the training program accreditation application (or as
modified in accordance with paragraph (i)(3) of this section for a
minimum of 3 years and 6 months.
(3) The training program shall notify EPA in writing within 30
days of changing the address specified on its training program
accreditation application or transferring the records from that
address.
42 U.S.C. § 745.226 (2011). Certification of individuals and firms engaged in leadbased paint activities: target housing and child-occupied facilities
(a) Certification of individuals.
(1) Individuals seeking certification by EPA to engage in lead-based paint
activities must either:
(i) Submit to EPA an application demonstrating that they meet the
requirements established in paragraphs (b) or (c) of this section for the
particular discipline for which certification is sought; or
(ii) Submit to EPA an application with a copy of a valid lead-based paint
activities certification (or equivalent) from a State or Tribal program that
has been authorized by EPA pursuant to subpart Q of this part.
(2) Individuals may first apply to EPA for certification to engage in lead-based
paint activities pursuant to this section on or after March 1, 1999.
(3) Following the submission of an application demonstrating that all the
requirements of this section have been meet, EPA shall certify an applicant as an
inspector, risk assessor, supervisor, project designer, or abatement worker, as
appropriate.
(4) Upon receiving EPA certification, individuals conducting lead-based paint
activities shall comply with the work practice standards for performing the
appropriate lead-based paint activities as established in § 745.227.
(5) It shall be a violation of TSCA for an individual to conduct any of the leadbased paint activities described in § 745.227 after March 1, 2000, if that
individual has not been certified by EPA pursuant to this section to do so.
(6) Individuals applying for certification must submit the appropriate fees in
accordance with § 745.238.
(b) Inspector, risk assessor or supervisor.
(1) To become certified by EPA as an inspector, risk assessor, or supervisor,
pursuant to paragraph (a)(1)(i) of this section, an individual must:
(i) Successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an accredited
training program.
(ii) Pass the certification exam in the appropriate discipline offered by
EPA; and,
(iii) Meet or exceed the following experience and/or education
requirements:
(A) Inspectors.
(1) No additional experience and/or education
requirements.
(2) [Reserved]
(B) Risk assessors.
(1) Successful completion of an accredited training course
for inspectors; and
(2) Bachelor's degree and 1 year of experience in a related
field (e.g., lead, asbestos, environmental remediation work,
or construction), or an Associates degree and 2 years
experience in a related field (e.g., lead, asbestos,
environmental remediation work, or construction); or
(3) Certification as an industrial hygienist, professional
engineer, registered architect and/or certification in a
related engineering/health/environmental field (e.g., safety
professional, environmental scientist); or
(4) A high school diploma (or equivalent), and at least 3
years of experience in a related field (e.g., lead, asbestos,
environmental remediation work or construction).
(C) Supervisor:
(1) One year of experience as a certified lead-based paint
abatement worker; or
(2) At least 2 years of experience in a related field (e.g.,
lead, asbestos, or environmental remediation work) or in
the building trades.
(2) The following documents shall be recognized by EPA as evidence of meeting
the requirements listed in (b)(2)(iii) of this paragraph:
(i) Official academic transcripts or diploma, as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Course completion certificates from lead-specific or other related
training courses, issued by accredited training programs, as evidence of
meeting the training requirements.
(3) In order to take the certification examination for a particular discipline an
individual must:
(i) Successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an accredited
training program.
(ii) Meet or exceed the education and/or experience requirements in
paragraph (b)(1)(iii) of this section.
(4) The course completion certificate shall serve as interim certification for an
individual until the next available opportunity to take the certification exam. Such
interim certification shall expire 6 months after issuance.
(5) After passing the appropriate certification exam and submitting an application
demonstrating that he/she meets the appropriate training, education, and/or
experience prerequisites described in paragraph (b)(1) of this section, an
individual shall be issued a certificate by EPA. To maintain certification, an
individual must be re-certified as described in paragraph (e) of this section.
(6) An individual may take the certification exam no more than three times within
6 months of receiving a course completion certificate.
(7) If an individual does not pass the certification exam and receive a certificate
within 6 months of receiving his/her course completion certificate, the individual
must retake the appropriate course from an accredited training program before
reapplying for certification from EPA.
(c) Abatement worker and project designer.
(1) To become certified by EPA as an abatement worker or project designer,
pursuant to paragraph (a)(1)(i) of this section, an individual must:
(i) Successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an accredited
training program.
(ii) Meet or exceed the following additional experience and/or education
requirements:
(A) Abatement workers.
(1) No additional experience and/or education
requirements.
(2) [Reserved]
(B) Project designers.
(1) Successful completion of an accredited training course
for supervisors.
(2) Bachelor's degree in engineering, architecture, or a
related profession, and 1 year of experience in building
construction and design or a related field; or
(3) Four years of experience in building construction and
design or a related field.
(2) The following documents shall be recognized by EPA as evidence of meeting
the requirements listed in this paragraph:
(i) Official academic transcripts or diploma, as evidence of meeting the
education requirements.
(ii) Resumes, letters of reference, or documentation of work experience, as
evidence of meeting the work experience requirements.
(iii) Course completion certificates from lead-specific or other related
training courses, issued by accredited training programs, as evidence of
meeting the training requirements.
(3) The course completion certificate shall serve as an interim certification until
certification from EPA is received, but shall be valid for no more than 6 months
from the date of completion.
(4) After successfully completing the appropriate training courses and meeting
any other qualifications described in paragraph (c)(1) of this section, an individual
shall be issued a certificate from EPA. To maintain certification, an individual
must be re-certified as described in paragraph (e) of this section.
(d) Certification based on prior training.
(1) Any individual who received training in a lead-based paint activity between
October 1, 1990, and March 1, 1999 shall be eligible for certification by EPA
under the alternative procedures contained in this paragraph. Individuals who
have received lead-based paint activities training at an EPA-authorized State or
Tribal accredited training program shall also be eligible for certification by EPA
under the following alternative procedures:
(i) Applicants for certification as an inspector, risk assessor, or supervisor
shall:
(A) Demonstrate that the applicant has successfully completed
training or on-the-job training in the conduct of a lead-based paint
activity.
(B) Demonstrate that the applicant meets or exceeds the education
and/or experience requirements in paragraph (b)(1)(iii) of this
section.
(C) Successfully complete an accredited refresher training course
for the appropriate discipline.
(D) Pass a certification exam administered by EPA for the
appropriate discipline.
(ii) Applicants for certification as an abatement worker or project designer
shall:
(A) Demonstrate that the applicant has successfully completed
training or on-the-job training in the conduct of a lead-based paint
activity.
(B) Demonstrate that the applicant meets the education and/or
experience requirements in paragraphs (c)(1) of this section; and
(C) Successfully complete an accredited refresher training course
for the appropriate discipline.
(2) Individuals shall have until March 1, 2000, to apply to
EPA for certification under the above procedures. After
that date, all individuals wishing to obtain certification
must do so through the procedures described in paragraph
(a), and paragraph (b) or (c) of this section, according to the
discipline for which certification is being sought.
(e) Re-certification.
(1) To maintain certification in a particular discipline, a certified individual shall
apply to and be re-certified by EPA in that discipline by EPA either:
(i) Every 3 years if the individual completed a training course with a
course test and hands-on assessment; or
(ii) Every 5 years if the individual completed a training course with a
proficiency test.
(2) An individual shall be re-certified if the individual successfully completes the
appropriate accredited refresher training course and submits a valid copy of the
appropriate refresher course completion certificate.
(3) Individuals applying for re-certification must submit the appropriate fees in
accordance with § 745.238.
(f) Certification of firms.
(1) All firms which perform or offer to perform any of the lead-based paint
activities described in § 745.227 after March 1, 2000, shall be certified by EPA.
(2) A firm seeking certification shall submit to EPA a letter attesting that the firm
shall only employ appropriately certified employees to conduct lead-based paint
activities, and that the firm and its employees shall follow the work practice
standards in § 745.227 for conducting lead-based paint activities.
(3) From the date of receiving the firm's letter requesting certification, EPA shall
have 90 days to approve or disapprove the firm's request for certification. Within
that time, EPA shall respond with either a certificate of approval or a letter
describing the reasons for a disapproval.
(4) The firm shall maintain all records pursuant to the requirements in § 745.227.
(5) Firms may first apply to EPA for certification to engage in lead-based paint
activities pursuant to this section on or after March 1, 1999.
(6) Firms applying for certification must submit the appropriate fees in
accordance with § 745.238.
(7) To maintain certification a firm shall submit appropriate fees in accordance
with § 745.238 every 3 years.
(g) Suspension, revocation, and modification of certifications of individuals engaged in
lead-based paint activities.
(1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify
an individual's certification if an individual has:
(i) Obtained training documentation through fraudulent means.
(ii) Gained admission to and completed an accredited training program
through misrepresentation of admission requirements.
(iii) Obtained certification through misrepresentation of certification
requirements or related documents dealing with education, training,
professional registration, or experience.
(iv) Performed work requiring certification at a job site without having
proof of certification.
(v) Permitted the duplication or use of the individual's own certificate by
another.
(vi) Performed work for which certification is required, but for which
appropriate certification has not been received.
(vii) Failed to comply with the appropriate work practice standards for
lead-based paint activities at § 745.227.
(viii) Failed to comply with Federal, State, or local lead-based paint
statutes or regulations.
(2) In addition to an administrative or judicial finding of violation, for purposes of
this section only, execution of a consent agreement in settlement of an
enforcement action constitutes evidence of a failure to comply with relevant
statutes or regulations.
(h) Suspension, revocation, and modification of certifications of firms engaged in leadbased paint activities.
(1) EPA may, after notice and opportunity for hearing, suspend, revoke, or modify
a firm's certification if a firm has:
(i) Performed work requiring certification at a job site with individuals
who are not certified.
(ii) Failed to comply with the work practice standards established in §
745.227.
(iii) Misrepresented facts in its letter of application for certification to
EPA.
(iv) Failed to maintain required records.
(v) Failed to comply with Federal, State, or local lead-based paint statutes
or regulations.
(2) In addition to an administrative or judicial finding of violation, for purposes of
this section only, execution of a consent agreement in settlement of an
enforcement action constitutes evidence of a failure to comply with relevant
statutes or regulations.
(i) Procedures for suspension, revocation, or modification of the
certification of individuals or firms.
(1) If EPA decides to suspend, revoke, or modify the certification
of any individual or firm, it shall notify the affected entity in
writing of the following:
(i) The legal and factual basis for the suspension,
revocation, or modification.
(ii) The commencement date and duration of the
suspension, revocation, or modification.
(iii) Actions, if any, which the affected entity may take to
avoid suspension, revocation, or modification or to receive
certification in the future.
(iv) The opportunity and method for requesting a hearing
prior to final EPA action to suspend, revoke, or modify
certification.
(v) Any additional information, as appropriate, which EPA
may provide.
(2) If a hearing is requested by the certified individual or firm,
EPA shall:
(i) Provide the affected entity an opportunity to offer
written statements in response to EPA's assertion of the
legal and factual basis and any other explanations,
comments, and arguments it deems relevant to the proposed
action.
(ii) Provide the affected entity such other procedural
opportunities as EPA may deem appropriate to ensure a fair
and impartial hearing.
(iii) Appoint an official of EPA as Presiding Officer to
conduct the hearing. No person shall serve as Presiding
Officer if he or she has had any prior connection with the
specific matter.
(3) The Presiding Officer shall:
(i) Conduct a fair, orderly, and impartial hearing within 90
days of the request for a hearing;
(ii) Consider all relevant evidence, explanation, comment,
and argument submitted; and
(iii) Notify the affected entity in writing within 90 days of
completion of the hearing of his or her decision and order.
Such an order is a final EPA action subject to judicial
review.
(4) If EPA determines that the public health, interest, or welfare
warrants immediate action to suspend the certification of any
individual or firm prior to the opportunity for a hearing, it shall:
(i) Notify the affected entity of its intent to immediately
suspend certification for the reasons listed in paragraph
(h)(1) of this section. If a suspension, revocation, or
modification notice has not previously been issued, it shall
be issued at the same time the immediate suspension notice
is issued.
(ii) Notify the affected entity in writing of the grounds upon
which the immediate suspension is based and why it is
necessary to suspend the entity's accreditation before an
opportunity for a hearing to suspend, revoke, or modify the
individual's or firm's certification.
(iii) Notify the affected entity of the commencement date
and duration of the immediate suspension.
(iv) Notify the affected entity of its right to request a
hearing on the immediate suspension within 15 days of the
suspension taking place and the procedures for the conduct
of such a hearing.
(5) Any notice, decision, or order issued by EPA under this
section, transcript or other verbatim record of oral testimony, and
any documents filed by a certified individual or firm in a hearing
under this section shall be available to the public, except as
otherwise provided by section 14 of TSCA or by part 2 of this title.
Any such hearing at which oral testimony is presented shall be
open to the public, except that the Presiding Officer may exclude
the public to the extent necessary to allow presentation of
information which may be entitled to confidential treatment under
section 14 of TSCA or part 2 of this title.
42 U.S.C. § 745.227 (2011). Work practice standards for conducting lead-based
paint activities: target housing and child-occupied facilities
(a) Effective date, applicability, and terms.
(1) Beginning on March 1, 2000, all lead-based paint activities shall be performed
pursuant to the work practice standards contained in this section.
(2) When performing any lead-based paint activity described by the certified
individual as an inspection, lead-hazard screen, risk assessment or abatement, a
certified individual must perform that activity in compliance with the appropriate
requirements below.
(3) Documented methodologies that are appropriate for this section are found in
the following: The U.S. Department of Housing and Urban Development (HUD)
Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
Housing; the EPA Guidance on Residential Lead-Based Paint, LeadContaminated Dust, and Lead-Contaminated Soil; the EPA Residential Sampling
for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95001); Regulations, guidance, methods or protocols issued by States and Indian
Tribes that have been authorized by EPA; and other equivalent methods and
quidelines.
(4) Clearance levels are appropriate for the purposes of this section may be found
in the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust,
and Lead Contaminated Soil or other equivalent guidelines.
(b) Inspection.
(1) An inspection shall be conducted only by a person certified by EPA as an
inspector or risk assessor and, if conducted, must be conducted according to the
procedures in this paragraph.
(2) When conducting an inspection, the following locations shall be selected
according to documented methodologies and tested for the presence of lead-based
paint:
(i) In a residential dwelling and child-occupied facility, each component
with a distinct painting history and each exterior component with a distinct
painting history shall be tested for lead-based paint, except those
components that the inspector or risk assessor determines to have been
replaced after 1978, or to not contain lead-based paint; and
(ii) In a multi-family dwelling or child-occupied facility, each component
with a distinct painting history in every common area, except those
components that the inspector or risk assessor determines to have been
replaced after 1978, or to not contain lead-based paint.
(3) Paint shall be sampled in the following manner:
(i) The analysis of paint to determine the presence of lead shall be
conducted using documented methodologies which incorporate adequate
quality control procedures; and/or
(ii) All collected paint chip samples shall be analyzed according to
paragraph (f) of this section to determine if they contain detectable levels
of lead that can be quantified numerically.
(4) The certified inspector or risk assessor shall prepare an inspection report
which shall include the following information:
(i) Date of each inspection.
(ii) Address of building.
(iii) Date of construction.
(iv) Apartment numbers (if applicable).
(v) Name, address, and telephone number of the owner or owners of each
residential dwelling or child-occupied facility.
(vi) Name, signature, and certification number of each certified inspector
and/or risk assessor conducting testing.
(vii) Name, address, and telephone number of the certified firm employing
each inspector and/or risk assessor, if applicable.
(viii) Each testing method and device and/or sampling procedure
employed for paint analysis, including quality control data and, if used, the
serial number of any x-ray fluorescence (XRF) device.
(ix) Specific locations of each painted component tested for the presence
of lead-based paint.
(x) The results of the inspection expressed in terms appropriate to the
sampling method used.
(c) Lead hazard screen.
(1) A lead hazard screen shall be conducted only by a person certified by EPA as
a risk assessor.
(2) If conducted, a lead hazard screen shall be conducted as follows:
(i) Background information regarding the physical characteristics of the
residential dwelling or child-occupied facility and occupant use patterns
that may cause lead-based paint exposure to one or more children age 6
years and under shall be collected.
(ii) A visual inspection of the residential dwelling or child-occupied
facility shall be conducted to:
(A) Determine if any deteriorated paint is present, and
(B) Locate at least two dust sampling locations.
(iii) If deteriorated paint is present, each surface with deteriorated paint,
which is determined, using documented methodologies, to be in poor
condition and to have a distinct painting history, shall be tested for the
presence of lead.
(iv) In residential dwellings, two composite dust samples shall be
collected, one from the floors and the other from the windows, in rooms,
hallways or stairwells where one or more children, age 6 and under, are
most likely to come in contact with dust.
(v) In multi-family dwellings and child-occupied facilities, in addition to
the floor and window samples required in paragraph (c)(1)(iii) of this
section, the risk assessor shall also collect composite dust samples from
common areas where one or more children, age 6 and under, are most
likely to come into contact with dust.
(3) Dust samples shall be collected and analyzed in the following manner:
(i) All dust samples shall be taken using documented methodologies that
incorporate adequate quality control procedures.
(ii) All collected dust samples shall be analyzed according to paragraph (f)
of this section to determine if they contain detectable levels of lead that
can be quantified numerically.
(4) Paint shall be sampled in the following manner:
(i) The analysis of paint to determine the presence of lead shall be
conducted using documented methodologies which incorporate adequate
quality control procedures; and/or
(ii) All collected paint chip samples shall be analyzed according to
paragraph (f) of this section to determine if they contain detectable levels
of lead that can be quantified numerically.
(5) The risk assessor shall prepare a lead hazard screen report, which shall include
the following information:
(i) The information required in a risk assessment report as specified in
paragraph (d) of this section, including paragraphs (d)(11)(i) through
(d)(11)(xiv), and excluding paragraphs (d)(11)(xv) through (d)(11)(xviii)
of this section. Additionally, any background information collected
pursuant to paragraph (c)(2)(i) of this section shall be included in the risk
assessment report; and
(ii) Recommendations, if warranted, for a follow-up risk assessment, and
as appropriate, any further actions.
(d) Risk assessment.
(1) A risk assessment shall be conducted only by a person certified by EPA as a
risk assessor and, if conducted, must be conducted according to the procedures in
this paragraph.
(2) A visual inspection for risk assessment of the residential dwelling or childoccupied facility shall be undertaken to locate the existence of deteriorated paint,
assess the extent and causes of the deterioration, and other potential lead-based
paint hazards.
(3) Background information regarding the physical characteristics of the
residential dwelling or child-occupied facility and occupant use patterns that may
cause lead-based paint exposure to one or more children age 6 years and under
shall be collected.
(4) The following surfaces which are determined, using documented
methodologies, to have a distinct painting history, shall be tested for the presence
of lead:
(i) Each friction surface or impact surface with visibly deteriorated paint;
and
(ii) All other surfaces with visibly deteriorated paint.
(5) In residential dwellings, dust samples (either composite or single-surface
samples) from the interior window sill(s) and floor shall be collected and analyzed
for lead concentration in all living areas where one or more children, age 6 and
under, are most likely to come into contact with dust.
(6) For multi-family dwellings and child-occupied facilities, the samples required
in paragraph (d)(4) of this section shall be taken. In addition, interior window sill
and floor dust samples (either composite or single-surface samples) shall be
collected and analyzed for lead concentration in the following locations:
(i) Common areas adjacent to the sampled residential dwelling or childoccupied facility; and
(ii) Other common areas in the building where the risk assessor determines
that one or more children, age 6 and under, are likely to come into contact
with dust.
(7) For child-occupied facilities, interior window sill and floor dust samples
(either composite or single-surface samples) shall be collected and analyzed for
lead concentration in each room, hallway or stairwell utilized by one or more
children, age 6 and under, and in other common areas in the child-occupied
facility where one or more children, age 6 and under, are likely to come into
contact with dust.
(8) Soil samples shall be collected and analyzed for lead concentrations in the
following locations:
(i) Exterior play areas where bare soil is present; and
(ii) The rest of the yard (i.e., non-play areas) where bare soil is present.
(iii) Dripline/foundation areas where bare soil is present.
(9) Any paint, dust, or soil sampling or testing shall be conducted using
documented methodologies that incorporate adequate quality control procedures.
(10) Any collected paint chip, dust, or soil samples shall be analyzed according to
paragraph (f) of this section to determine if they contain detectable levels of lead
that can be quantified numerically.
(11) The certified risk assessor shall prepare a risk assessment report which shall
include the following information:
(i) Date of assessment.
(ii) Address of each building.
(iii) Date of construction of buildings.
(iv) Apartment number (if applicable).
(v) Name, address, and telephone number of each owner of each building.
(vi) Name, signature, and certification of the certified risk assessor
conducting the assessment.
(vii) Name, address, and telephone number of the certified firm employing
each certified risk assessor if applicable.
(viii) Name, address, and telephone number of each recognized laboratory
conducting analysis of collected samples.
(ix) Results of the visual inspection.
(x) Testing method and sampling procedure for paint analysis employed.
(xi) Specific locations of each painted component tested for the presence
of lead.
(xii) All data collected from on-site testing, including quality control data
and, if used, the serial number of any XRF device.
(xiii) All results of laboratory analysis on collected paint, soil, and dust
samples.
(xiv) Any other sampling results.
(xv) Any background information collected pursuant to paragraph (d)(3)
of this section.
(xvi) To the extent that they are used as part of the lead-based paint hazard
determination, the results of any previous inspections or analyses for the
presence of lead-based paint, or other assessments of lead-based paintrelated hazards.
(xvii) A description of the location, type, and severity of identified leadbased paint hazards and any other potential lead hazards.
(xviii) A description of interim controls and/or abatement options for each
identified lead-based paint hazard and a suggested prioritization for
addressing each hazard. If the use of an encapsulant or enclosure is
recommended, the report shall recommend a maintenance and monitoring
schedule for the encapsulant or enclosure.
(e) Abatement.
(1) An abatement shall be conducted only by an individual certified by EPA, and
if conducted, shall be conducted according to the procedures in this paragraph.
(2) A certified supervisor is required for each abatement project and shall be
onsite during all work site preparation and during the post-abatement cleanup of
work areas. At all other times when abatement activities are being conducted, the
certified supervisor shall be onsite or available by telephone, pager or answering
service, and able to be present at the work site in no more than 2 hours.
(3) The certified supervisor and the certified firm employing that supervisor shall
ensure that all abatement activities are conducted according to the requirements of
this section and all other Federal, State and local requirements.
(4) A certified firm must notify EPA of lead-based paint abatement activities as
follows:
(i) Except as provided in paragraph (e)(4)(ii) of this section, EPA must be
notified prior to conducting lead-based paint abatement activities. The
original notification must be received by EPA at least 5 business days
before the start date of any lead-based paint abatement activities.
(ii) Notification for lead-based paint abatement activities required in
response to an elevated blood lead level (EBL) determination, or Federal,
State, Tribal, or local emergency abatement order should be received by
EPA as early as possible before, but must be received no later than the
start date of the lead-based paint abatement activities. Should the start date
and/or location provided to EPA change, an updated notification must be
received by EPA on or before the start date provided to EPA.
Documentation showing evidence of an EBL determination or a copy of
the Federal/State/Tribal/local emergency abatement order must be
included in the written notification to take advantage of this abbreviated
notification period.
(iii) Except as provided in paragraph (e)(4)(ii) of this section, updated
notification must be provided to EPA for lead-based paint abatement
activities that will begin on a date other than the start date specified in the
original notification, as follows:
(A) For lead-based paint abatement activities beginning prior to the
start date provided to EPA an updated notification must be
received by EPA at least 5 business days before the new start date
included in the notification.
(B) For lead-based paint abatement activities beginning after the
start date provided to EPA an updated notification must be
received by EPA on or before the start date provided to EPA.
(iv) Except as provided in paragraph (e)(4)(ii) of this section, updated
notification must be provided to EPA for any change in location of leadbased paint abatement activities at least 5 business days prior to the start
date provided to EPA.
(v) Updated notification must be provided to EPA when lead-based paint
abatement activities are canceled, or when there are other significant
changes including, but not limited to, when the square footage or acreage
to be abated changes by more than 20%. This updated notification must be
received by EPA on or before the start date provided to EPA, or if work
has already begun, within 24 hours of the change.
(vi) The following must be included in each notification:
(A) Notification type (original, updated, cancellation).
(B) Date when lead-based paint abatement activities will start.
(C) Date when lead-based paint abatement activities will end
(approximation using best professional judgement).
(D) Firm's name, EPA certification number, address, telephone
number.
(E) Type of building (e.g., single family dwelling, multi-family
dwelling, child-occupied facilities) on/in which abatement work
will be performed.
(F) Property name (if applicable).
(G) Property address including apartment or unit number(s) (if
applicable) for abatement work.
(H) Documentation showing evidence of an EBL determination or
a copy of the Federal/State/Tribal/local emergency abatement
order, if using the abbreviated time period as described in
paragraph (e)(4)(ii) of this section.
(I) Name and EPA certification number of the project supervisor.
(J) Approximate square footage/acreage to be abated.
(K) Brief description of abatement activities to be performed.
(L) Name, title, and signature of the representative of the certified
firm who prepared the notification.
(vii) Notification must be accomplished using any of the following
methods: Written notification, or electronically using the Agency's Central
Data Exchange (CDX). Written notification can be accomplished using
either the sample form titled "Notification of Lead-Based Paint Abatement
Activities" or similar form containing the information required in
paragraph (e)(4)(vi) of this section. All written notifications must be
delivered by U.S. Postal Service, fax, commercial delivery service, or
hand delivery (persons submitting notification by U.S. Postal Service are
reminded that they should allow 3 additional business days for delivery in
order to ensure that EPA receives the notification by the required date).
Instructions and sample forms can be obtained from the NLIC at 1-800424-LEAD(5323), or on the Internet at .
(viii) Lead-based paint abatement activities shall not begin on a date, or at
a location other than that specified in either an original or updated
notification, in the event of changes to the original notification.
(ix) No firm or individual shall engage in lead-based paint abatement
activities, as defined in Sec. 745.223, prior to notifying EPA of such
activities according to the requirements of this paragraph.
(5) A written occupant protection plan shall be developed for all abatement
projects and shall be prepared according to the following procedures:
(i) The occupant protection plan shall be unique to each residential
dwelling or child-occupied facility and be developed prior to the
abatement. The occupant protection plan shall describe the measures and
management procedures that will be taken during the abatement to protect
the building occupants from exposure to any lead-based paint hazards.
(ii) A certified supervisor or project designer shall prepare the occupant
protection plan.
(6) The work practices listed below shall be restricted during an abatement as
follows:
(i) Open-flame burning or torching of lead-based paint is prohibited;
(ii) Machine sanding or grinding or abrasive blasting or sandblasting of
lead-based paint is prohibited unless used with High Efficiency Particulate
Air (HEPA) exhaust control which removes particles of 0.3 microns or
larger from the air at 99.97 percent or greater efficiency;
(iii) Dry scraping of lead-based paint is permitted only in conjunction with
heat guns or around electrical outlets or when treating defective paint
spots totaling no more than 2 square feet in any one room, hallway or
stairwell or totaling no more than 20 square feet on exterior surfaces; and
(iv) Operating a heat gun on lead-based paint is permitted only at
temperatures below 1100 degrees Fahrenheit.
(7) If conducted, soil abatement shall be conducted in one of the following ways:
(i) If the soil is removed:
(A) The soil shall be replaced by soil with a lead concentration as
close to local background as practicable, but no greater than 400
ppm.
(B) The soil that is removed shall not be used as top soil at another
residential property or child-occupied facility.
(ii) If soil is not removed, the soil shall be permanently covered, as
defined in § 745.223.
(8) The following post-abatement clearance procedures shall be performed only
by a certified inspector or risk assessor:
(i) Following an abatement, a visual inspection shall be performed to
determine if deteriorated painted surfaces and/or visible amounts of dust,
debris or residue are still present. If deteriorated painted surfaces or visible
amounts of dust, debris or residue are present, these conditions must be
eliminated prior to the continuation of the clearance procedures.
(ii) Following the visual inspection and any post-abatement cleanup
required by paragraph (e)(8)(i) of this section, clearance sampling for lead
in dust shall be conducted. Clearance sampling may be conducted by
employing single-surface sampling or composite sampling techniques.
(iii) Dust samples for clearance purposes shall be taken using documented
methodologies that incorporate adequate quality control procedures.
(iv) Dust samples for clearance purposes shall be taken a minimum of 1
hour after completion of final post-abatement cleanup activities.
(v) The following post-abatement clearance activities shall be conducted
as appropriate based upon the extent or manner of abatement activities
conducted in or to the residential dwelling or child-occupied facility:
(A) After conducting an abatement with containment between
abated and unabated areas, one dust sample shall be taken from
one interior window sill and from one window trough (if present)
and one dust sample shall be taken from the floors of each of no
less than four rooms, hallways or stairwells within the containment
area. In addition, one dust sample shall be taken from the floor
outside the containment area. If there are less than four rooms,
hallways or stairwells within the containment area, then all rooms,
hallways or stairwells shall be sampled.
(B) After conducting an abatement with no containment, two dust
samples shall be taken from each of no less than four rooms,
hallways or stairwells in the residential dwelling or child-occupied
facility. One dust sample shall be taken from one interior window
sill and window trough (if present) and one dust sample shall be
taken from the floor of each room, hallway or stairwell selected. If
there are less than four rooms, hallways or stairwells within the
residential dwelling or child-occupied facility then all rooms,
hallways or stairwells shall be sampled.
(C) Following an exterior paint abatement, a visible inspection
shall be conducted. All horizontal surfaces in the outdoor living
area closest to the abated surface shall be found to be cleaned of
visible dust and debris. In addition, a visual inspection shall be
conducted to determine the presence of paint chips on the dripline
or next to the foundation below any exterior surface abated. If
paint chips are present, they must be removed from the site and
properly disposed of, according to all applicable Federal, State and
local requirements.
(vi) The rooms, hallways or stairwells selected for sampling shall be
selected according to documented methodologies.
(vii) The certified inspector or risk assessor shall compare the residual
lead level (as determined by the laboratory analysis) from each single
surface dust sample with clearance levels in paragraph (e)(8)(viii) of this
section for lead in dust on floors, interior window sills, and window
troughs or from each composite dust sample with the applicable clearance
levels for lead in dust on floors, interior window sills, and window troughs
divided by half the number of subsamples in the composite sample. If the
residual lead level in a single surface dust sample equals or exceeds the
applicable clearance level or if the residual lead level in a composite dust
sample equals or exceeds the applicable clearance level divided by half the
number of subsamples in the composite sample, the components
represented by the failed sample shall be recleaned and retested.
(viii) The clearance levels for lead in dust are 40 [mu]g/ft<2> for floors,
250 [mu]g/ft<2> for interior window sills, and 400 [mu]g/ft<2> for
window troughs.
(9) In a multi-family dwelling with similarly constructed and maintained
residential dwellings, random sampling for the purposes of clearance may be
conducted provided:
(i) The certified individuals who abate or clean the residential dwellings
do not know which residential dwelling will be selected for the random
sample.
(ii) A sufficient number of residential dwellings are selected for dust
sampling to provide a 95 percent level of confidence that no more than 5
percent or 50 of the residential dwellings (whichever is smaller) in the
randomly sampled population exceed the appropriate clearance levels.
(iii) The randomly selected residential dwellings shall be sampled and
evaluated for clearance according to the procedures found in paragraph
(e)(8) of this section.
(10) An abatement report shall be prepared by a certified supervisor or project
designer. The abatement report shall include the following information:
(i) Start and completion dates of abatement.
(ii) The name and address of each certified firm conducting the abatement
and the name of each supervisor assigned to the abatement project.
(iii) The occupant protection plan prepared pursuant to paragraph (e)(5) of
this section.
(iv) The name, address, and signature of each certified risk assessor or
inspector conducting clearance sampling and the date of clearance testing.
(v) The results of clearance testing and all soil analyses (if applicable) and
the name of each recognized laboratory that conducted the analyses.
(vi) A detailed written description of the abatement, including abatement
methods used, locations of rooms and/or components where abatement
occurred, reason for selecting particular abatement methods for each
component, and any suggested monitoring of encapsulants or enclosures.
(f) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples
collected pursuant to the work practice standards contained in this section shall be:
(1) Collected by persons certified by EPA as an inspector or risk assessor; and
(2) Analyzed by a laboratory recognized by EPA pursuant to section 405(b) of
TSCA as being capable of performing analyses for lead compounds in paint chip,
dust, and soil samples.
(g) Composite dust sampling. Composite dust sampling may only be conducted in the
situations specified in paragraphs (c) through (e) of this section. If such sampling is
conducted, the following conditions shall apply:
(1) Composite dust samples shall consist of at least two subsamples;
(2) Every component that is being tested shall be included in the sampling; and
(3) Composite dust samples shall not consist of subsamples from more than one
type of component.
(h) Determinations.
(1) Lead-based paint is present:
(i) On any surface that is tested and found to contain lead equal to or in
excess of 1.0 milligrams per square centimeter or equal to or in excess of
0.5% by weight; and
(ii) On any surface like a surface tested in the same room equivalent that
has a similar painting history and that is found to be lead-based paint.
(2) A paint-lead hazard is present:
(i) On any friction surface that is subject to abrasion and where the lead
dust levels on the nearest horizontal surface underneath the friction surface
(e.g., the window sill or floor) are equal to or greater than the dust hazard
levels identified in § 745.227(b);
(ii) On any chewable lead-based paint surface on which there is evidence
of teeth marks;
(iii) Where there is any damaged or otherwise deteriorated lead-based
paint on an impact surface that is cause by impact from a related building
component (such as a door knob that knocks into a wall or a door that
knocks against its door frame; and
(iv) If there is any other deteriorated lead-based paint in any residential
building or child-occupied facility or on the exterior of any residential
building or child-occupied facility.
(3) A dust-lead hazard is present in a residential dwelling or child occupied
facility:
(i) In a residential dwelling on floors and interior window sills when the
weighted arithmetic mean lead loading for all single surface or composite
samples of floors and interior window sills are equal to or greater than 40
[mu]g/ft<2> for floors and 250 [mu]g/ft<2> for interior window sills,
respectively;
(ii) On floors or interior window sills in an unsampled residential dwelling
in a multi-family dwelling, if a dust-lead hazard is present on floors or
interior window sills, respectively, in at least one sampled residential unit
on the property; and
(iii) On floors or interior window sills in an unsampled common area in a
multi-family dwelling, if a dust-lead hazard is present on floors or interior
window sills, respectively, in at least one sampled common area in the
same common area group on the property.
(4) A soil-lead hazard is present:
(i) In a play area when the soil-lead concentration from a composite play
area sample of bare soil is equal to or greater than 400 parts per million; or
(ii) In the rest of the yard when the arithmetic mean lead concentration
from a composite sample (or arithmetic mean of composite samples) of
bare soil from the rest of the yard (i.e., non-play areas) for each residential
building on a property is equal to or greater than 1,200 parts per million.
(i) Recordkeeping. All reports or plans required in this section shall be
maintained by the certified firm or individual who prepared the report for
no fewer than 3 years. The certified firm or individual also shall provide
copies of these reports to the building owner who contracted for its
services.
42 U.S.C. § 745.233 (2011). Lead-based paint activities requirements
Lead-based paint activities, as defined in this part, shall only be conducted according to
the procedures and work practice standards contained in § 745.227 of this subpart. No
individual or firm may offer to perform or perform any lead-based paint activity as
defined in this part, unless certified to perform that activity according to the procedures in
§ 745.226.
42 U.S.C. § 745.235 (2011). Enforcement
(a) Failure or refusal to comply with any requirement of §§ 745.225, 745.226, 745.227, or
745.233 is a prohibited act under sections 15 and 409 of TSCA (15 U.S.C. 2614, 2689).
(b) Failure or refusal to establish, maintain, provide, copy, or permit access to records or
reports as required by §§ 745.225, 745.226, or 745.227 is a prohibited act under sections
15 and 409 of TSCA (15 U.S.C. 2614, 2689).
(c) Failure or refusal to permit entry or inspection as required by § 745.237 and section
11 of TSCA (15 U.S.C. 2610) is a prohibited act under sections 15 and 409 of TSCA (15
U.S.C. 2614, 2689).
(d) In addition to the above, any individual or firm that performs any of the following
acts shall be deemed to have committed a prohibited act under sections 15 and 409 of
TSCA (15 U.S.C. 2614, 2689). These include the following:
(i) Obtaining certification through fraudulent representation;
(ii) Failing to obtain certification from EPA and performing work requiring
certification at a job site; or
(iii) Fraudulently obtaining certification and engaging in any lead-based paint
activities requiring certification.
(e) Violators are subject to civil and criminal sanctions pursuant to section 16 of TSCA
(15 U.S.C. 2615) for each violation.
42 U.S.C. § 745.237 (2011)). Inspections
EPA may conduct reasonable inspections pursuant to the provisions of section 11 of
TSCA (15 U.S.C. 2610) to ensure compliance with this subpart.
42 U.S.C. § 745.238 (2011). Fees for accreditation and certification of lead-based
paint activities
(a) Purpose. To establish and impose fees for certified individuals and firms engaged in
lead-based paint activities and persons operating accredited training programs under
section 402(a) of the Toxic Substances Control Act (TSCA).
(b) Persons who must pay fees. Fees in accordance with paragraph (c) of this section
must be paid by:
(1) Training programs.
(i) All non-exempt training programs applying to EPA for the
accreditation and re-accreditation of training programs in one or more of
the following disciplines: inspector, risk assessor, supervisor, project
designer, abatement worker.
(ii) Exemptions. No fee shall be imposed on any training program
operated by a State, federally recognized Indian Tribe, local government,
or nonprofit organization. This exemption does not apply to the
certification of firms or individuals.
(2) Firms and individuals. All firms and individuals seeking certification and recertification from EPA to engage in lead-based paint activities in one or more of
the following disciplines: inspector, risk assessor, supervisor, project designer,
abatement worker.
(c) Fee amounts -- (1) Certification and accreditation fees. Initial and renewal
certification and accreditation fees are specified in the following table:
Training Program
Initial Course
Inspector
Risk assessor
Supervisor
Worker
Project Designer
Refresher Course
Inspector
Risk assessor
Supervisor
Accreditation
Re-accreditation (every 4
years, see 40 CFR
745.225(f)(1) for
details)
$ 870
$ 870
$ 870
$ 870
$ 870
$ 620
$ 620
$ 620
$ 620
$ 620
$ 690
$ 690
$ 690
$ 580
$ 580
$ 580
Worker
Project Designer
Lead-based Paint
Activities--Individual
$ 690
$ 690
Certification
Inspector
Risk assessor
Supervisor
Worker
Project designer
Tribal certification
(each discipline)
Lead-based Paint
Activities--Firm
$ 410
$ 410
$ 410
$ 310
$ 410
$ 10
Firm
Combined Renovation and
Lead-based Paint
Activities Firm
Application
Combined Renovation and
Lead-based Paint
Activities Tribal Firm
Application
Tribal Firm
$ 550
$ 550
Re-certification (every 3
years, see 40 CFR
745.226(f)(7) for
details)
$ 550
$ 550
$ 20
$ 20
$ 20
$ 20
Certification
$ 580
$ 580
Re-certification (every 3
years, see 40 CFR
745.226(e)(1) for
details)
$ 410
$ 410
$ 410
$ 310
$ 410
$ 10
(2) Certification examination fee. Individuals required to take a certification exam
in accordance with § 745.226 will be assessed a fee of $ 70 for each exam
attempt.
(3) Multi-jurisdiction registration fee. An individual, firm, or training program
certified or accredited by EPA may wish to provide training or perform leadbased paint activities in additional EPA-administered jurisdictions. A fee of $ 35
per discipline will be assessed for each additional EPA-administered jurisdiction
in which an individual, firm, or training program applies for certification/recertification or accreditation/re-accreditation. For purposes of this multijurisdiction registration fee, an EPA-administered jurisdiction is either an
individual state without an authorized program or all Indian Tribes without
authorized programs that are within a given EPA Region.
(4) Lost identification card or certificate. A $ 15 fee shall be charged for
replacement of an identification card or certificate. (See replacement procedure in
paragraph (e) of this section.)
(d) Application/payment procedure –
(1) Certification and re-certification in one or more EPA-administered jurisdiction
-- (i) Individuals. Submit a completed application (titled "Application for
Individuals to Conduct Lead-based Paint Activities"), the materials described at §
745.226, and the application fee(s) described in paragraph (c) of this section.
(ii) Firms. Submit a completed application (titled "Application for
Firms"), the materials described at § 745.226, and the application fee(s)
described in paragraph (c) of this section.
(2) Accreditation and re-accreditation in one or more EPA-administered
jurisdiction. Submit a completed application (titled "Accreditation Application for
Training Programs"), the materials described at § 745.225, and the application fee
described in paragraph (c) of this section.
(3) Application forms. Application forms and instructions can be obtained from
the National Lead Information Center at: 1-800-424-LEAD.
(e) Identification card replacement and certificate replacement.
(1) Parties seeking identification card or certificate replacement shall complete the
applicable portions of the appropriate application in accordance with the
instructions provided. The appropriate applications are:
(i) Individuals. "Application for Individuals to Conduct Lead-based Paint
Activities."
(ii) Firms. "Application for Firms."
(iii) Training programs. "Accreditation Application for Training
Programs."
(2) Submit application and payment in the amount specified in paragraph (c)(4) of
this section in accordance with the instructions provided with the application
package.
(f) Adjustment of fees.
(1) EPA will collect fees reflecting the costs associated with the administration
and enforcement of subpart L of this part with the exception of costs associated
with the accreditation of training programs operated by a State, federally
recognized Indian Tribe, local government, and nonprofit organization. In order to
do this, EPA will periodically adjust the fees to reflect changed economic
conditions.
(2) The fees will be evaluated based on the cost to administer and enforce the
program, and the number of applicants. New fee schedules will be published in
the Federal Register.
(g) Failure to remit a fee.
(1) EPA will not provide certification, re-certification, accreditation, or reaccreditation for any individual, firm, or training program which does not remit
fees described in paragraph (c) of this section in accordance with the procedures
specified in paragraph (d) of this section.
(2) EPA will not replace identification cards or certificates for any individual,
firm, or training program which does not remit fees described in paragraph (c) of
this section in accordance with the procedures specified in paragraph (e) of this
section.
42 U.S.C. § 745.239 (2011). Effective dates
This subpart L shall apply in any State or Indian Country that does not have an authorized
program under subpart Q, effective August 31, 1998. In such States or Indian Country:
(a) Training programs shall not provide, offer or claim to provide training or refresher
training for certification without accreditation from EPA pursuant to § 745.225 on or
after March 1, 1999.
(b) No individual or firm shall perform, offer, or claim to perform lead-based paint
activities, as defined in this subpart, without certification from EPA to conduct such
activities pursuant to § 745.226 on or after March 1, 2000.
(c) All lead-based paint activities shall be performed pursuant to the work practice
standards contained in § 745.227 on or after March 1, 2000.
SUBPART Q – STATE AND INDIAN TRIBAL PROGRAMS
42 U.S.C. § 745.320 (2011). Scope and purpose
(a) This subpart establishes the requirements that State or Tribal programs must meet for
authorization by the Administrator to administer and enforce the standards, regulations,
or other requirements established under TSCA section 402 and/or section 406 and
establishes the procedures EPA will follow in approving, revising, and withdrawing
approval of State or Tribal programs.
(b) For State or Tribal lead-based paint training and certification programs, a State or
Indian Tribe may seek authorization to administer and enforce §§ 745.225, 745.226, and
745.227. The provisions of §§ 745.220, 745.223, 745.233, 745.235, 745.237, and 745.239
shall be applicable for the purposes of such program authorization.
(c) A State or Indian Tribe may seek authorization to administer and enforce all of the
provisions of subpart E of this part, just the pre-renovation education provisions of
subpart E of this part, or just the training, certification, accreditation, and work practice
provisions of subpart E of this part. The provisions of §§ 745.324 and 745.326 apply for
the purposes of such program authorizations.
(d) A State or Indian Tribe applying for program authorization may seek either interim
approval or final approval of the compliance and enforcement portion of the State or
Tribal lead-based paint program pursuant to the procedures at § 745.327(a).
(e) State or Tribal submissions for program authorization shall comply with the
procedures set out in this subpart.
(f) Any State or Tribal program approved by the Administrator under this subpart shall at
all times comply with the requirements of this subpart.
(g) In many cases States will lack authority to regulate activities in Indian Country. This
lack of authority does not impair a State's ability to obtain full program authorization in
accordance with this subpart. EPA will administer the program in Indian Country if
neither the State nor Indian Tribe has been granted program authorization by EPA.
42 U.S.C. § 745.323 (2011). Definitions
The definitions in subpart A apply to this subpart. In addition, the definitions in §
745.223 and the following definitions apply:
Indian Country means (1) all land within the limits of any American Indian reservation
under the jurisdiction of the U.S. government, notwithstanding the issuance of any patent,
and including rights-of-way running throughout the reservation; (2) all dependent Indian
communities within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or outside the limits of a
State; and (3) all Indian allotments, the Indian titles which have not been extinguished,
including rights-of-way running through the same.
Indian Tribe means any Indian Tribe, band, nation, or community recognized by the
Secretary of the Interior and exercising substantial governmental duties and powers.
42 U.S.C. § 745.324 (2011). Authorization of State or Tribal programs
(a) Application content and procedures.
(1) Any State or Indian Tribe that seeks authorization from EPA to administer and
enforce the provisions of subpart E or subpart L of this part must submit an
application to the Administrator in accordance with this paragraph.
(2) Before developing an application for authorization, a State or Indian Tribe
shall disseminate a public notice of intent to seek such authorization and provide
an opportunity for a public hearing.
(3) A State or Tribal application shall include:
(i) A transmittal letter from the State Governor or Tribal Chairperson (or
equivalent official) requesting program approval.
(ii) A summary of the State or Tribal program. This summary will be used
to provide notice to residents of the State or Tribe.
(iii) A description of the State or Tribal program in accordance with
paragraph (b) of this section.
(iv) An Attorney General's or Tribal Counsel's (or equivalent) statement in
accordance with paragraph (c) of this section.
(v) Copies of all applicable State or Tribal statutes, regulations, standards,
and other materials that provide the State or Indian Tribe with the
authority to administer and enforce a lead-based paint program.
(4) After submitting an application, the Agency will publish a Federal Register
notice that contains an announcement of the receipt of the State or Tribal
application, the summary of the program as provided by the State or Tribe, and a
request for public comments to be mailed to the appropriate EPA Regional Office.
This comment period shall last for no less than 45 days. EPA will consider these
comments during its review of the State or Tribal application.
(5) Within 60 days of submission of a State or Tribal application, EPA will, if
requested, conduct a public hearing in each State or Indian Country seeking
program authorization and will consider all comments submitted at that hearing
during the review of the State or Tribal application.
(b) Program description. A State or Indian Tribe seeking to administer and enforce a
program under this subpart must submit a description of the program. The description of
the State or Tribal program must include:
(1)(i) The name of the State or Tribal agency that is or will be responsible for
administering and enforcing the program, the name of the official in that agency
designated as the point of contact with EPA, and addresses and phone numbers
where this official can be contacted.
(ii) Where more than one agency is or will be responsible for
administering and enforcing the program, the State or Indian Tribe must
designate a primary agency to oversee and coordinate administration and
enforcement of the program and serve as the primary contact with EPA.
(iii) In the event that more than one agency is or will be responsible for
administering and enforcing the program, the application must also
include a description of the functions to be performed by each agency. The
description shall explain and how the program will be coordinated by the
primary agency to ensure consistency and effective administration of the
program within the State or Indian Tribe.
(2) To demonstrate that the State or Tribal program is at least as protective as the
Federal program, fulfilling the criteria in paragraph (e)(2)(i) of this section, the
State or Tribal application must include:
(i) A description of the program that demonstrates that the program
contains all of the elements specified in § 745.325, § 745.326, or both; and
(ii) An analysis of the State or Tribal program that compares the program
to the Federal program in subpart E or subpart L of this part, or both. This
analysis must demonstrate how the program is, in the State's or Indian
Tribe's assessment, at least as protective as the elements in the Federal
program at subpart E or subpart L of this part, or both. EPA will use this
analysis to evaluate the protectiveness of the State or Tribal program in
making its determination pursuant to paragraph (e)(2)(i) of this section.
(3) To demonstrate that the State or Tribal program provides adequate
enforcement, fulfilling the criteria in paragraph (e)(2)(ii) of this section, the State
or Tribal application must include a description of the State or Tribal lead-based
paint compliance and enforcement program that demonstrates that the program
contains all of the elements specified at § 745.327. This description shall include
copies of all policies, certifications, plans, reports, and other materials that
demonstrate that the State or Tribal program contains all of the elements specified
at § 745.327.
(4)(i) The program description for an Indian Tribe shall also include a map, legal
description, or other information sufficient to identify the geographical extent of
the territory over which the Indian Tribe exercises jurisdiction.
(ii) The program description for an Indian Tribe shall also include a
demonstration that the Indian Tribe:
(A) Is recognized by the Secretary of the Interior.
(B) has an existing government exercising substantial
governmental duties and powers.
(C) has adequate civil regulatory jurisdiction (as shown in the
Tribal legal certification in paragraph (c)(2) of this section) over
the subject matter and entities regulated.
(D) is reasonably expected to be capable of administering the
Federal program for which it is seeking authorization.
(iii) If the Administrator has previously determined that an Indian Tribe
has met the prerequisites in paragraphs (b)(4)(ii)(A) and (B) of this section
for another EPA program, the Indian Tribe need provide only that
information unique to the lead-based paint program required by
paragraphs (b)(4)(ii)(C) and (D) of this section.
(c) Attorney General's statement.
(1) A State or Indian Tribe must submit a written statement signed by the
Attorney General or Tribal Counsel (or equivalent) certifying that the laws and
regulations of the State or Indian Tribe provide adequate legal authority to
administer and enforce the State or Tribal program. This statement shall include
citations to the specific statutes and regulations providing that legal authority.
(2) The Tribal legal certification (the equivalent to the Attorney General's
statement) may also be submitted and signed by an independent attorney retained
by the Indian Tribe for representation in matters before EPA or the courts
pertaining to the Indian Tribe's program. The certification shall include an
assertion that the attorney has the authority to represent the Indian Tribe with
respect to the Indian Tribe's authorization application.
(3) If a State application seeks approval of its program to operate in Indian
Country, the required legal certification shall include an analysis of the applicant's
authority to implement its provisions in Indian Country. The applicant shall
include a map delineating the area over which it seeks to operate the program.
(d) Program certification.
(1) At the time of submitting an application, a State may also certify to the
Administrator that the State program meets the requirements contained in
paragraphs (e)(2)(i) and (e)(2)(ii) of this section.
(2) If this certification is contained in a State's application, the program shall be
deemed to be authorized by EPA until such time as the Administrator disapproves
the program application or withdraws the program authorization. A program shall
not be deemed authorized pursuant to this subpart to the extent that jurisdiction is
asserted over Indian Country, including non-member fee lands within an Indian
reservation.
(3) If the application does not contain such certification, the State program will be
authorized only after the Administrator authorizes the program in accordance with
paragraph (e) of this section.
(4) This certification shall take the form of a letter from the Governor or the
Attorney General to the Administrator. The certification shall reference the
program analysis in paragraph (b)(3) of this section as the basis for concluding
that the State program is at least as protective as the Federal program, and
provides adequate enforcement.
(e) EPA approval.
(1) EPA will fully review and consider all portions of a State or Tribal
application.
(2) Within 180 days of receipt of a complete State or Tribal application, the
Administrator shall either authorize the program or disapprove the application.
The Administrator shall authorize the program, after notice and the opportunity
for public comment and a public hearing, only if the Administrator finds that:
(i) The State or Tribal program is at least as protective of human health
and the environment as the corresponding Federal program under subpart
E or subpart L of this part, or both; and
(A) In the case of an application to authorize the State or Indian
Tribe to administer and enforce the provisions of subpart L of this
part, the State or Tribal program is at least as protective of human
health and the environment as the corresponding Federal program
under subpart L of this part; and/or
(B) In the case of an application to authorize the State or Indian
Tribe to administer and enforce the regulations developed pursuant
to TSCA section 406, the State or Tribal program is at least as
protective of human health and the environment as the Federal
regulations developed pursuant to TSCA section 406.
(ii) The State or Tribal program provides adequate enforcement.
(3) EPA shall notify in writing the State or Indian Tribe of the Administrator's
decision to authorize the State or Tribal program or disapprove the State's or
Indian Tribe's application.
(4) If the State or Indian Tribe applies for authorization of State or Tribal
programs under both subpart E and subpart L, EPA may, as appropriate, authorize
one program and disapprove the other.
(f) EPA administration and enforcement.
(1) If a State or Indian Tribe does not have an authorized program to administer
and enforce subpart L of this part in effect by August 31, 1998, the Administrator
shall, by such date, establish and enforce the provisions of subpart L of this part
as the Federal program for that State or Indian Country.
(2) If a State or Indian Tribe does not have an authorized program to administer
and enforce the pre-renovation education requirements of subpart E of this part by
August 31, 1998, the Administrator will, by such date, enforce those provisions of
subpart E of this part as the Federal program for that State or Indian Country. If a
State or Indian Tribe does not have an authorized program to administer and
enforce the training, certification and accreditation requirements and work
practice standards of subpart E of this part by April 22, 2009, the Administrator
will, by such date, enforce those provisions of subpart E of this part as the Federal
program for that State or Indian Country.
(3) Upon authorization of a State or Tribal program, pursuant to paragraph (d) or
(e) of this section, it shall be an unlawful act under sections 15 and 409 of TSCA
for any person to fail or refuse to comply with any requirements of such program.
(g) Oversight. EPA shall periodically evaluate the adequacy of a State's or Indian Tribe's
implementation and enforcement of its authorized programs.
(h) Reports. Beginning 12 months after the date of program authorization, the primary
agency for each State or Indian Tribe that has an authorized program shall submit a
written report to the EPA Regional Administrator for the Region in which the State or
Indian Tribe is located. This report shall be submitted at least once every 12 months for
the first 3 years after program authorization. If these reports demonstrate successful
program implementation, the Agency will automatically extend the reporting interval to
every 2 years. If the subsequent reports demonstrate problems with implementation, EPA
will require a return to annual reporting until the reports demonstrate successful program
implementation, at which time the Agency will extend the reporting interval to every 2
years.
The report shall include the following information:
(1) Any significant changes in the content or administration of the State or Tribal
program implemented since the previous reporting period; and
(2) All information regarding the lead-based paint enforcement and compliance
activities listed at § 745.327(d) "Summary on Progress and Performance."
(i) Withdrawal of authorization.
(1) If EPA concludes that a State or Indian Tribe is not administering and
enforcing an authorized program in compliance with the standards, regulations,
and other requirements of sections 401 through 412 of TSCA and this subpart, the
Administrator shall notify the primary agency for the State or Indian Tribe in
writing and indicate EPA's intent to withdraw authorization of the program.
(2) The Notice of Intent to Withdraw shall:
(i) Identify the program aspects that EPA believes are inadequate and
provide a factual basis for such findings.
(ii) Include copies of relevant documents.
(iii) Provide an opportunity for the State or Indian Tribe to respond either
in writing or at a meeting with appropriate EPA officials.
(3) EPA may request that an informal conference be held between representatives
of the State or Indian Tribe and EPA officials.
(4) Prior to issuance of a withdrawal, a State or Indian Tribe may request that
EPA hold a public hearing. At this hearing, EPA, the State or Indian Tribe, and
the public may present facts bearing on whether the State's or Indian Tribe's
authorization should be withdrawn.
(5) If EPA finds that deficiencies warranting withdrawal did not exist or were
corrected by the State or Indian Tribe, EPA may rescind its Notice of Intent to
Withdraw authorization.
(6) Where EPA finds that deficiencies in the State or Tribal program exist that
warrant withdrawal, an agreement to correct the deficiencies shall be jointly
prepared by the State or Indian Tribe and EPA. The agreement shall describe the
deficiencies found in the program, specify the steps the State or Indian Tribe has
taken or will take to remedy the deficiencies, and establish a schedule, no longer
than 180 days, for each remedial action to be initiated.
(7) If the State or Indian Tribe does not respond within 60 days of issuance of the
Notice of Intent to Withdraw or an agreement is not reached within 180 days after
EPA determines that a State or Indian Tribe is not in compliance with the Federal
program, the Agency shall issue an order withdrawing the State's or Indian Tribe's
authorization.
(8) By the date of such order, the Administrator will establish and enforce the
provisions of subpart E or subpart L of this part, or both, as the Federal program
for that State or Indian Country.
42 U.S.C. § 745.325 (2011). Lead-based paint activities: State and Tribal program
requirements
(a) Program elements. To receive authorization from EPA, a State or Tribal program
must contain at least the following program elements for lead-based paint activities:
(1) Procedures and requirements for the accreditation of lead-based paint
activities training programs.
(2) Procedures and requirements for the certification of individuals engaged in
lead-based paint activities.
(3) Work practice standards for the conduct of lead-based paint activities.
(4) Requirements that all lead-based paint activities be conducted by appropriately
certified contractors.
(5) Development of the appropriate infrastructure or government capacity to
effectively carry out a State or Tribal program.
(b) Accreditation of training programs. The State or Indian Tribe must have either:
(1) Procedures and requirements for the accreditation of training programs that
establish:
(i) Requirements for the accreditation of training programs, including but
not limited to:
(A) Training curriculum requirements.
(B) Training hour requirements.
(C) Hands-on training requirements.
(D) Trainee competency and proficiency requirements.
(E) Requirements for training program quality control.
(ii) Procedures for the re-accreditation of training programs.
(iii) Procedures for the oversight of training programs.
(iv) Procedures for the suspension, revocation, or modification of training
program accreditations; or
(2) Procedures or regulations, for the purposes of certification, for the acceptance
of training offered by an accredited training provider in a State or Tribe
authorized by EPA.
(c) Certification of individuals. The State or Indian Tribe must have requirements for the
certification of individuals that:
(1) Ensure that certified individuals:
(i) Are trained by an accredited training program; and
(ii) Possess appropriate education or experience qualifications for
certification.
(2) Establish procedures for re-certification.
(3) Require the conduct of lead-based paint activities in accordance with work
practice standards established by the State or Indian Tribe.
(4) Establish procedures for the suspension, revocation, or modification of
certifications.
(5) Establish requirements and procedures for the administration of a third-party
certification exam.
(d) Work practice standards for the conduct of lead-based paint activities. The State or
Indian Tribe must have requirements or standards that ensure that lead-based paint
activities are conducted reliably, effectively, and safely. At a minimum the State's or
Indian Tribe's work practice standards for conducting inspections, risk assessments, and
abatements must contain the requirements specified in paragraphs (d)(1), (d)(2), and
(d)(3) of this section.
(1) The work practice standards for the inspection for the presence of lead-based
paint must require that:
(i) Inspections are conducted only by individuals certified by the
appropriate State or Tribal authority to conduct inspections.
(ii) Inspections are conducted in a way that identifies the presence of leadbased paint on painted surfaces within the interior or on the exterior of a
residential dwelling or child-occupied facility.
(iii) Inspections are conducted in a way that uses documented
methodologies that incorporate adequate quality control procedures.
(iv) A report is developed that clearly documents the results of the
inspection.
(v) Records are retained by the certified inspector or the firm.
(2) The work practice standards for risk assessment must require that:
(i) Risk assessments are conducted only by individuals certified by the
appropriate State or Tribal authority to conduct risk assessments.
(ii) Risk assessments are conducted in a way that identifies and reports the
presence of lead-based paint hazards.
(iii) Risk assessments consist of, at least:
(A) An assessment, including a visual inspection, of the physical
characteristics of the residential dwelling or child-occupied
facility;
(B) Environmental sampling for lead in paint, dust, and soil;
(C) Environmental sampling requirements for lead in paint, dust,
and soil that allow for comparison to the standards for lead-based
paint hazards established or revised by the State or Indian Tribe
pursuant to paragraph (e) of this section; and
(D) A determination of the presence of lead-based paint hazards
made by comparing the results of visual inspection and
environmental sampling to the standards for lead-based paint
hazards established or revised by the State or Indian Tribe pursuant
to paragraph (e) of this section.
(iv) The program elements required in paragraph (d)(2)(iii)(C) and
(d)(2)(iii)(D) of this section shall be adopted in accordance with the
schedule for the demonstration required in paragraph (e) of this section.
(v) The risk assessor develops a report that clearly presents the results of
the assessment and recommendations for the control or elimination of all
identified hazards.
(vi) The certified risk assessor or the firm retains the appropriate records.
(3) The work practice standards for abatement must require that:
(i) Abatements are conducted only by individuals certified by the
appropriate State or Tribal authority to conduct or supervise abatements.
(ii) Abatements permanently eliminate lead-based paint hazards and are
conducted in a way that does not increase the hazards of lead-based paint
to the occupants of the dwelling or child-occupied facility.
(iii) Abatements include post-abatement lead in dust clearance sampling
and conformance with clearance levels established or adopted by the State
or Indian Tribe.
(iv) The abatement contractor develops a report that describes areas of the
residential dwelling or child-occupied facility abated and the techniques
employed.
(v) The certified abatement contractor or the firm retains appropriate
records.
(e) The State or Indian Tribe must demonstrate that it has standards for identifying leadbased paint hazards and clearance standards for dust, that are at least as protective as the
standards in § 745.227 as amended on February 5, 2001. A State or Indian Tribe with
such a section 402 program approved before February 5, 2003 shall make this
demonstration no later than the first report submitted pursuant to § 745.324(h) on or after
February 5, 2003. A State or Indian Tribe with such a program submitted but not
approved before February 5, 2003 may make this demonstration by amending its
application or in its first report submitted pursuant to § 745.324(h). A State or Indian
Tribe submitting its program on or after February 5, 2003 shall make this demonstration
in its application.
42 U.S.C. § 745.326 (2011). Renovation: State and Tribal program requirements
(a) Program elements. To receive authorization from EPA, a State or Tribal program
must contain the following program elements:
(1) For pre-renovation education programs, procedures and requirements for the
distribution of lead hazard information to owners and occupants of target housing
and child-occupied facilities before renovations for compensation.
(2) For renovation training, certification, accreditation, and work practice
standards programs:
(i) Procedures and requirements for the accreditation of renovation and
dust sampling technician training programs.
(ii) Procedures and requirements for the certification of renovators and
dust sampling technicians.
(iii) Procedures and requirements for the certification of individuals and/or
firms.
(iv) Requirements that all renovations be conducted by appropriately
certified individuals and/or firms.
(v) Work practice standards for the conduct of renovations.
(3) For all renovation programs, development of the appropriate infrastructure or
government capacity to effectively carry out a State or Tribal program.
(b) Pre-renovation education. To be considered at least as protective as the Federal
program, the State or Tribal program must:
(1) Establish clear standards for identifying renovation activities that trigger the
information distribution requirements.
(2) Establish procedures for distributing the lead hazard information to owners
and occupants of housing and child-occupied facilities prior to renovation
activities.
(3) Require that the information to be distributed include either the pamphlet titled
Renovate Right: Important Lead Hazard Information for Families, Child Care
Providers and Schools, developed by EPA under section 406(a) of TSCA, or an
alternate pamphlet or package of lead hazard information that has been submitted
by the State or Tribe, reviewed by EPA, and approved by EPA for that State or
Tribe. Such information must contain renovation-specific information similar to
that in Renovate Right: Important Lead Hazard Information for Families, Child
Care Providers and Schools, must meet the content requirements prescribed by
section 406(a) of TSCA, and must be in a format that is readable to the diverse
audience of housing and child-occupied facility owners and occupants in that
State or Tribe.
(i) A State or Tribe with a pre-renovation education program approved
before June 23, 2008, must demonstrate that it meets the requirements of
this section no later than the first report that it submits pursuant to §
745.324(h) on or after April 22, 2009.
(ii) A State or Tribe with an application for approval of a pre-renovation
education program submitted but not approved before June 23, 2008, must
demonstrate that it meets the requirements of this section either by
amending its application or in the first report that it submits pursuant to §
745.324(h) of this part on or after April 22, 2009.
(iii) A State or Indian Tribe submitting its application for approval of a
pre-renovation education program on or after June 23, 2008, must
demonstrate in its application that it meets the requirements of this section.
(c) Accreditation of training programs. To be considered at least as protective as the
Federal program, the State or Tribal program must meet the requirements of either
paragraph (c)(1) or (c)(2) of this section:
(1) The State or Tribal program must establish accreditation procedures and
requirements, including:
(i) Procedures and requirements for the accreditation of training programs,
including, but not limited to:
(A) Training curriculum requirements.
(B) Training hour requirements.
(C) Hands-on training requirements.
(D) Trainee competency and proficiency requirements.
(E) Requirements for training program quality control.
(ii) Procedures and requirements for the re-accreditation of training
programs.
(iii) Procedures for the oversight of training programs.
(iv) Procedures and standards for the suspension, revocation, or
modification of training program accreditations; or
(2) The State or Tribal program must establish procedures and requirements for
the acceptance of renovation training offered by training providers accredited by
EPA or a State or Tribal program authorized by EPA under this subpart.
(d) Certification of renovator s. To be considered at least as protective as the Federal
program, the State or Tribal program must:
(1) Establish procedures and requirements for individual certification that ensure
that certified renovators are trained by an accredited training program.
(2) Establish procedures and requirements for re-certification.
(3) Establish procedures for the suspension, revocation, or modification of
certifications.
(e) Work practice standards for renovations. To be considered at least as protective as the
Federal program, the State or Tribal program must establish standards that ensure that
renovations are conducted reliably, effectively, and safely. At a minimum, the State or
Tribal program must contain the following requirements:
(1) Renovations must be conducted only by certified contractors.
(2) Renovations are conducted using lead-safe work practices that are at least as
protective to occupants as the requirements in § 745.85.
(3) Certified contractors must retain appropriate records.
(f) Revisions to renovation program requirements. When EPA publishes in the Federal
Register revisions to the renovation program requirements contained in subparts E and L
of this part:
(1) A State or Tribe with a renovation program approved before the effective date
of the revisions to the renovation program requirements in subparts E and L of
this part must demonstrate that it meets the requirements of this section no later
than the first report that it submits pursuant to § 745.324(h) but no later than 2
years after the effective date of the revisions.
(2) A State or Tribe with an application for approval of a renovation program
submitted but not approved before the effective date of the revisions to the
renovation program requirements in subparts E and L of this part must
demonstrate that it meets the requirements of this section either by amending its
application or in the first report that it submits pursuant to § 745.324(h) of this
part but no later than 2 years after the effective date of the revisions.
(3) A State or Tribe submitting its application for approval of a renovation
program on or after the effective date of the revisions must demonstrate in its
application that it meets the requirements of the new renovation program
requirements in subparts E and L of this part.
42 U.S.C. § 745.327 (2011). State or Indian Tribal lead-based paint compliance and
enforcement programs
(a) Approval of compliance and enforcement programs. A State or Indian Tribe seeking
authorization of a lead-based paint program can apply for and receive either interim or
final approval of the compliance and enforcement program portion of its lead-based paint
program. Indian Tribes are not required to exercise criminal enforcement jurisdiction as a
condition for program authorization.
(1) Interim approval. Interim approval of the compliance and enforcement
program portion of the State or Tribal lead-based paint program may be granted
by EPA only once, and subject to a specific expiration date.
(i) To be considered adequate for purposes of obtaining interim approval
for the compliance and enforcement program portion of a State or Tribal
lead-based paint program, a State or Indian Tribe must, in its application
described at § 745.324(a):
(A) Demonstrate it has the legal authority and ability to
immediately implement the elements in paragraph (b) of this
section. This demonstration shall include a statement that the State
or Indian Tribe, during the interim approval period, shall carry out
a level of compliance monitoring and enforcement necessary to
ensure that the State or Indian Tribe addresses any significant risks
posed by noncompliance with lead-based paint activity
requirements.
(B) Present a plan with time frames identified for implementing in
the field each element in paragraph (c) of this section. All elements
of paragraph (c) of this section must be fully implemented no later
than 3 years from the date of EPA's interim approval of the
compliance and enforcement program portion of a State or Tribal
lead-based paint program. A statement of resources must be
included in the State or Tribal plan which identifies what resources
the State or Indian Tribe intends to devote to the administration of
its lead-based paint compliance and enforcement program.
(C) Agree to submit to EPA the Summary on Progress and
Performance of lead-based paint compliance and enforcement
activities as described at paragraph (d) of this section.
(ii) Any interim approval granted by EPA for the compliance and
enforcement program portion of a State or Tribal lead-based paint program
will expire no later than 3 years from the date of EPA's interim approval.
One hundred and eighty days prior to this expiration date, a State or Indian
Tribe shall apply to EPA for final approval of the compliance and
enforcement program portion of a State or Tribal lead-based paint
program. Final approval shall be given to any State or Indian Tribe which
has in place all of the elements of paragraphs (b), (c), and (d) of this
section. If a State or Indian Tribe does not receive final approval for the
compliance and enforcement program portion of a State or Tribal leadbased paint program by the date 3 years after the date of EPA's interim
approval, the Administrator shall, by such date, initiate the process to
withdraw the State or Indian Tribe's authorization pursuant to §
745.324(i).
(2) Final approval. Final approval of the compliance and enforcement program
portion of a State or Tribal lead-based paint program can be granted by EPA
either through the application process described at § 745.324(a), or, for States or
Indian Tribes which previously received interim approval as described in
paragraph (a)(1) of this section, through a separate application addressing only the
compliance and enforcement program portion of a State or Tribal lead-based paint
program.
(i) For the compliance and enforcement program to be considered
adequate for final approval through the application described at §
745.324(a), a State or Indian Tribe must, in its application:
(A) Demonstrate it has the legal authority and ability to
immediately implement the elements in paragraphs (b) and (c) of
this section.
(B) Submit a statement of resources which identifies what
resources the State or Indian Tribe intends to devote to the
administration of its lead-based paint compliance and enforcement
program.
(C) Agree to submit to EPA the Summary on Progress and
Performance of lead-based paint compliance and enforcement
activities as described at paragraph (d) of this section.
(ii) For States or Indian Tribes which previously received interim approval
as described in paragraph (a)(1) of this section, in order for the State or
Tribal compliance and enforcement program to be considered adequate for
final approval through a separate application addressing only the
compliance and enforcement program portion of a State or Tribal leadbased paint program, a State or Indian Tribe must, in its application:
(A) Demonstrate that it has the legal authority and ability to
immediately implement the elements in paragraphs (b) and (c) of
this section.
(B) Submit a statement which identifies the resources the State or
Indian Tribe intends to devote to the administration of its leadbased paint compliance and enforcement program.
(C) Agree to submit to EPA the Summary on Progress and
Performance of lead-based paint compliance and enforcement
activities as described at paragraph (d) of this section.
(D) To the extent not previously submitted through the application
described at § 745.324(a), submit copies of all applicable State or
Tribal statutes, regulations, standards, and other material that
provide the State or Indian Tribe with authority to administer and
enforce the lead-based paint compliance and enforcement program,
and copies of the policies, certifications, plans, reports, and any
other documents that demonstrate that the program meets the
requirements established in paragraphs (b) and (c) of this section.
(b) Standards, regulations, and authority. The standards, regulations, and authority
described in paragraphs (b)(1) through (b)(4) of this section are part of the required
elements for the compliance and enforcement portion of a State or Tribal lead-based paint
program.
(1) Lead-based paint activities and requirements. State or Tribal lead-based paint
compliance and enforcement programs will be considered adequate if the State or
Indian Tribe demonstrates, in its application at § 745.324(a), that it has
established a lead-based paint program containing the following requirements:
(i) Accreditation of training programs as described at § 745.325(b).
(ii) Certification of individuals engaged in lead-based paint activities as
described at § 745.325(c).
(iii) Standards for the conduct of lead-based paint activities as described at
§ 745.325(d); and, as appropriate,
(iv) Requirements that regulate the conduct of renovation activities as
described at § 745.326.
(2) Authority to enter. State or Tribal officials must be able to enter, through
consent, warrant, or other authority, premises or facilities where lead-based paint
activities violations may occur for purposes of conducting inspections.
(i) State or Tribal officials must be able to enter premises or facilities
where those engaged in training for lead-based paint activities conduct
business.
(ii) For the purposes of enforcing a renovation program, State or Tribal
officials must be able to enter a firm's place of business or work site.
(iii) State or Tribal officials must have authority to take samples and
review records as part of the lead-based paint activities inspection process.
(3) Flexible remedies. A State or Tribal lead-based paint compliance and
enforcement program must provide for a diverse and flexible array of
enforcement remedies. At a minimum, the remedies that must be reflected in an
enforcement response policy must include the following:
(i) Warning letters, Notices of Noncompliance, Notices of Violation, or
the equivalent;
(ii) Administrative or civil actions, including penalty authority (e.g.,
accreditation or certification suspension, revocation, or modification); and
(iii) Authority to apply criminal sanctions or other criminal authority using
existing State or Tribal laws, as applicable.
(4) Adequate resources. An application must include a statement that identifies
the resources that will be devoted by the State or Indian Tribe to the
administration of the State or Tribal lead-based paint compliance and enforcement
program. This statement must address fiscal and personnel resources that will be
devoted to the program.
(c) Performance elements. The performance elements described in paragraphs (c)(1)
through (c)(7) of this section are part of the required elements for the compliance and
enforcement program portion of a State or Tribal lead-based paint program.
(1) Training. A State or Tribal lead-based paint compliance and enforcement
program must implement a process for training enforcement and inspection
personnel and ensure that enforcement personnel and inspectors are well trained.
Enforcement personnel must understand case development procedures and the
maintenance of proper case files. Inspectors must successfully demonstrate
knowledge of the requirements of the particular discipline (e.g., abatement
supervisor, and/or abatement worker, and/or lead-based paint inspector, and/or
risk assessor, and/or project designer) for which they have compliance monitoring
and enforcement responsibilities. Inspectors must also be trained in violation
discovery, methods of obtaining consent, evidence gathering, preservation of
evidence and chain-of-custody, and sampling procedures. A State or Tribal leadbased paint compliance and enforcement program must also implement a process
for the continuing education of enforcement and inspection personnel.
(2) Compliance assistance. A State or Tribal lead-based paint compliance and
enforcement program must provide compliance assistance to the public and the
regulated community to facilitate awareness and understanding of and compliance
with State or Tribal requirements governing the conduct of lead-based paint
activities. The type and nature of this assistance can be defined by the State or
Indian Tribe to achieve this goal.
(3) Sampling techniques. A State or Tribal lead-based paint compliance and
enforcement program must have the technological capability to ensure
compliance with the lead-based paint program requirements. A State or Tribal
application for approval of a lead-based paint program must show that the State or
Indian Tribe is technologically capable of conducting a lead-based paint
compliance and enforcement program. The State or Tribal program must have
access to the facilities and equipment necessary to perform sampling and
laboratory analysis as needed. This laboratory facility must be a recognized
laboratory as defined at § 745.223, or the State or Tribal program must implement
a quality assurance program that ensures appropriate quality of laboratory
personnel and protects the integrity of analytical data.
(4) Tracking tips and complaints. A State or Tribal lead-based paint compliance
and enforcement program must demonstrate the ability to process and react to tips
and complaints or other information indicating a violation.
(5) Targeting inspections. A State or Tribal lead-based paint compliance and
enforcement program must demonstrate the ability to target inspections to ensure
compliance with the lead-based paint program requirements. Such targeting must
include a method for obtaining and using notifications of commencement of
abatement activities.
(6) Follow up to inspection reports. A State or Tribal lead-based paint compliance
and enforcement program must demonstrate the ability to reasonably, and in a
timely manner, process and follow-up on inspection reports and other information
generated through enforcement-related activities associated with a lead-based
paint program. The State or Tribal program must be in a position to ensure
correction of violations and, as appropriate, effectively develop and issue
enforcement remedies/responses to follow up on the identification of violations.
(7) Compliance monitoring and enforcement. A State or Tribal lead-based paint
compliance and enforcement program must demonstrate, in its application for
approval, that it is in a position to implement a compliance monitoring and
enforcement program. Such a compliance monitoring and enforcement program
must ensure correction of violations, and encompass either planned and/or
responsive lead-based paint compliance inspections and development/issuance of
State or Tribal enforcement responses which are appropriate to the violations.
(d) Summary on Progress and Performance. The Summary on Progress and Performance
described below is part of the required elements for the compliance and enforcement
program portion of a State or Tribal lead-based paint program. A State or Tribal lead-
based paint compliance and enforcement program must submit to the appropriate EPA
Regional Administrator a report which summarizes the results of implementing the State
or Tribal lead-based paint compliance and enforcement program, including a summary of
the scope of the regulated community within the State or Indian Tribe (which would
include the number of individuals and firms certified in lead-based paint activities and the
number of training programs accredited), the inspections conducted, enforcement actions
taken, compliance assistance provided, and the level of resources committed by the State
or Indian Tribe to these activities. The report shall be submitted according to the
requirements at § 745.324(h).
(e) Memorandum of Agreement. An Indian Tribe that obtains program approval must
establish a Memorandum of Agreement with the Regional Administrator. The
Memorandum of Agreement shall be executed by the Indian Tribe's counterpart to the
State Director (e.g., the Director of Tribal Environmental Office, Program or Agency).
The Memorandum of Agreement must include provisions for the timely and appropriate
referral to the Regional Administrator for those criminal enforcement matters where that
Indian Tribe does not have the authority (e.g., those addressing criminal violations by
non-Indians or violations meriting penalties over $ 5,000). The Agreement must also
identify any enforcement agreements that may exist between the Indian Tribe and any
State.
(f) Electronic reporting under State or Indian Tribe programs. States and tribes that
choose to receive electronic documents under the authorized state or Indian tribe leadbased paint program, must ensure that the requirements of 40 CFR part 3 -- (Electronic
reporting) are satisfied in their lead-based paint program.
42 U.S.C. § 745.339 (2011). Effective date
States and Indian Tribes may seek authorization to administer and enforce subpart L of
this part pursuant to this subpart at any time. States and Indian Tribes may seek
authorization to administer and enforce the pre-renovation education provisions of
subpart E of this part pursuant to this subpart at any time. States and Indian Tribes may
seek authorization to administer and enforce all of subpart E of this part pursuant to this
subpart effective June 23, 2008.