Maryland Environment Section 6-819

      (a)      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, water-resistant 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)      (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)      (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 subsection (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)      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)      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)      (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)      In lieu of satisfying the modified risk reduction standard, the owner of an affected property may elect to pass 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:

            (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)      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)      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)      (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)      (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 § 6-1002 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.