2010 Maryland Code
ENVIRONMENT
TITLE 6 - TOXIC, CARCINOGENIC, AND FLAMMABLE SUBSTANCES
Subtitle 8 - Reduction of Lead Risk in Housing
Section 6-815 - Satisfaction of risk reduction standards; enforcement officer.

§ 6-815. Satisfaction of risk reduction standards; enforcement officer.
 

(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. 
 

[1994, ch. 114, § 1; 1997, ch. 616; 2001, ch. 707.]