reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part I - Definitions; General Provisions › Section 6-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Asbestos material” means any material or product which contains more than 1 percent asbestos.
(c)    (1)    “Asbestos occupation” means any job as an inspector, project designer, management planner, asbestos abatement contractor, asbestos supervisor, or asbestos abatement worker involving:
(i)    A project in a public and commercial building or in a school building that involves the location, identification, physical and hazard assessment, enclosure, removal, repair, renovation, or demolition of asbestos material in a public and commercial building or in a school building;
(ii)    The inspection, planning, or design of any project in a school building as enumerated in item (i) of this paragraph; or
(iii)    The inspection or design of any project in a public and commercial building as enumerated in item (i) of this paragraph.
(2)    “Asbestos occupation” does not include work on any small–scale, short–duration operations, maintenance, and repair activities as defined in 40 C.F.R. 763, Appendix C to Subpart E, Asbestos Model Accreditation Plan.
(d)    “Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business concern.
(e)    “Interior space” includes:
(1)    Exterior hallways connecting buildings;
(2)    Porticoes; and
(3)    Mechanical systems used to condition interior space.
(f)    “License” means a license issued by the Department under this subtitle to remove and encapsulate asbestos.
(g)    (1)    “Public and commercial building” means the interior space of any building that is not a school building.
(2)    “Public and commercial building” includes:
(i)    Industrial and office buildings;
(ii)    Residential apartment buildings of 10 or more dwelling units;
(iii)    Condominiums of 10 or more dwelling units;
(iv)    Government–owned buildings;
(v)    Colleges;
(vi)    Museums;
(vii)    Airports;
(viii)    Hospitals;
(ix)    Churches;
(x)    Stores;
(xi)    Warehouses; and
(xii)    Factories.
(3)    “Public and commercial building” does not include any residential apartment building of fewer than 10 dwelling units, any condominium of fewer than 10 dwelling units, or any detached single–family home.
(h)    “Public unit” includes:
(1)    Any agency, bureau, department, or instrumentality of State government that is not subject to Executive Order 01.01.1987.22;
(2)    Any agency, bureau, department, or instrumentality of federal or local government;
(3)    Educational institutions that are not subject to Executive Order 01.01.1987.22; and
(4)    Any public, quasi–public, or municipal corporation.
(i)    “School” means any elementary or secondary school as defined in the Elementary and Secondary Education Act of 1965, at 20 U.S.C. § 7801.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part I - Definitions; General Provisions › Section 6-402 - Legislative Policy

The General Assembly finds:
(1)    That exposure to asbestos, a known carcinogenic agent, creates a significant hazard to the health of the people of this State;
(2)    That projects to remove asbestos expose increasing numbers of asbestos removers to this hazard;
(3)    That it is in the public interest to protect asbestos removers from this hazard by requiring adherence to strict safety standards on asbestos removal projects; and
(4)    That stricter penalties and independent testing are needed to safeguard the health of asbestos removers in the State.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part II - Powers and Duties of Department › Section 6-405 - Power to Waive License Requirement in Emergency

In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the Department may waive the requirement for a license.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part II - Powers and Duties of Department › Section 6-406 - Rules and Regulations; On-Site Inspections

The Department:
(1)    Shall adopt the rules and regulations necessary to carry out the provisions of this subtitle; and
(2)    At least once a year, during an actual removal or encapsulation project, shall conduct an on-site inspection of each licensee’s procedures for removing and encapsulating asbestos.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-409 - License Required

Except as otherwise provided in this subtitle, a business entity or public unit shall be licensed by the Department before the business entity or public unit removes or encapsulates any asbestos in this State.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-410 - Qualifications for License

(a)    To qualify for a license, a business entity or public unit shall meet the requirements of this section.
(b)    Each employee or agent of the business entity or public unit who will come in contact with asbestos or who will be responsible for removal or encapsulation of asbestos shall:
(1)    Be familiar with federal standards for asbestos removal and encapsulation; and
(2)    Have completed a course of instruction on asbestos removal and encapsulation approved by the Department.
(c)    The business entity or public unit shall demonstrate to the satisfaction of the Department that the business entity or public unit:
(1)    Is capable of complying with all applicable standards of the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, and the Commissioner of Labor and Industry acting under the Maryland Occupational Safety and Health Act; and
(2)    Has access to at least 1 approved asbestos disposal site for deposit of all asbestos waste that the business entity or public unit will generate during the term of the license.
(d)    The business entity or public unit shall meet any other standards that the Department sets.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-411 - Applications for Licenses

(a)    To apply for a license, a business entity or public unit shall:
(1)    Submit an application to the Department on the form that the Department requires; and
(2)    Pay to the Department the application fee set by the Department.
(b)    The application form shall include:
(1)    The name and address of the business entity or public unit;
(2)    A description of the protective clothing and respirators that the business entity or public unit will use;
(3)    The name and address of each asbestos disposal site that the business entity or public unit will use;
(4)    A description of the site decontamination procedures that the business entity or public unit will use;
(5)    A description of the removal and encapsulation methods that the business entity or public unit will use;
(6)    A description of the procedures that the business entity or public unit will use for handling waste containing asbestos;
(7)    A description of the air monitoring procedures that the business entity or public unit will use;
(8)    A description of the final clean-up procedures that the business entity or public unit will use;
(9)    The signature of the chief executive officer of the business entity or the chief executive officer’s designee, or the signature of a representative of the public unit; and
(10)    Any other information that the Department requires.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-413 - Term and Renewal of Licenses

(a)    A license expires on the first anniversary of its effective date, unless the license is renewed for a 1–year term as provided in this section.
(b)    At least 1 month before the license expires, the Department shall send to the licensee, by first–class mail to the last known address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Department for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before the license expires, the licensee periodically may renew it for an additional 1–year term, if the business entity or public unit:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Department the renewal fee that the Department sets; and
(3)    Submits to the Department a renewal application on the form that the Department requires.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-414 - Required Records

(a)    Each licensee shall:
(1)    Keep a record of each asbestos removal or encapsulation project that it performs; and
(2)    Make that record available to the Department at any reasonable time.
(b)    The records required by this section shall be kept for at least 6 years.
(c)    The records required by this section shall include:
(1)    The name and address of the individual who supervised the asbestos removal;
(2)    The location of and a description of the project and the amount of asbestos material that was removed;
(3)    The starting and completion dates of each instance of removal;
(4)    A summary of the procedures that were used to comply with all applicable standards;
(5)    The name and address of each asbestos disposal site where the waste containing asbestos was deposited; and
(6)    Any other information that the Department requires.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-414.1 - Notice of Removal or Encapsulation

(a)    Except in emergency situations, before any business entity or public unit licensed under this subtitle removes or encapsulates any asbestos, the business entity or public unit shall notify the Department of:
(1)    The location of the removal or encapsulation work; and
(2)    The approximate amount of asbestos or asbestos-containing materials to be removed or encapsulated.
(b)    Except in emergency situations and except as provided in subsection (c) of this section, at least 3 days before a business entity or public unit removes or encapsulates asbestos at a work site or asbestos project that is a National Emission Standards for Hazardous Air Pollutants (NESHAP) project, the business entity or public unit shall:
(1)    Post the number of signs that the Department requires to inform the public in the immediate vicinity that asbestos abatement is being performed; and
(2)    Keep the sign posted until the Department receives written notice that the results of air monitoring in the area meet the requirements established in the regulations adopted under this section.
(c)    For any asbestos project conducted at an electric generating station or at any other utility-controlled facility which is not routinely accessible by the public, a utility company shall be exempt from the requirements of subsection (b) of this section but shall be required to comply with any federal requirements regarding the posting of signs.
(d)    The Department shall adopt regulations concerning the size, type, placement, and numbers of signs that a business entity or public unit shall post at a work site or asbestos project that is a NESHAP project.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-415 - Reprimands, Suspensions, and Revocations -- Grounds

Subject to the hearing provisions of this subtitle, the Department may reprimand any licensee, or suspend or revoke any license, if the licensee:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license;
(2)    Fails at any time to meet:
(i)    The qualifications for a license; or
(ii)    Any rule or regulation that the Department adopts under this subtitle; or
(3)    Fails to meet any applicable federal or State standard for removal or encapsulation of asbestos.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-416 - Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Department takes any action under § 6-415 of this subtitle, it shall give the licensee against whom the action is contemplated an opportunity for a hearing.
(b)    The Department shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part III - Licensing › Section 6-417 - Accreditation of Individuals

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Business entity” includes any person designated to manage or supervise the removal or encapsulation of asbestos.
(3)    “Independent testing organization” means an entity that:
(i)    Is not in any way affiliated with a business entity that employs an individual to remove or encapsulate asbestos in the State; and
(ii)    Does not provide a training program.
(b)    (1)    Unless the individual is accredited by the Department, an individual may not engage in an asbestos occupation.
(2)    The Department shall accredit an individual only upon verifying that the individual:
(i)    Is at least 18 years old;
(ii)    Has either:
1.    Successfully completed a training program and any required refresher program approved by the Department or the United States Environmental Protection Agency; or
2.    Acquired and maintained current accreditation from an EPA–approved state accreditation plan of another state; and
(iii)    Has passed an applicable asbestos occupation examination provided and administered by the Department or by an independent testing organization acting on behalf of the Department.
(3)    The Department may accept as proof of accreditation a certificate showing successful completion of any approved training program and examination, and any required refresher program.
(4)    (i)    A business entity may provide a training program.
(ii)    A business entity that provides a training program may not administer an asbestos occupation examination.
(c)    (1)    The Department shall adopt regulations establishing standards and procedures that are consistent with federal law for the accreditation of asbestos occupations.
(2)    The regulations shall include standards for:
(i)    Training course approval and review;
(ii)    Examinations for accreditation of applicants;
(iii)    Annual refresher courses and renewal of accreditation;
(iv)    Denial, suspension, and revocation of accreditation; and
(v)    Procedures for implementing this accreditation plan.
(d)    The Department shall set reasonable fees sufficient to cover the Department’s direct and indirect costs in administering the examination, approving training programs, including the cost of applications, issuance and renewal of training course approvals and reviews, on–site audits, record keeping, and other related activities.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part IV - Prohibited Acts; Penalties › Section 6-419 - Removing or Encapsulating Asbestos Without License

Except as otherwise provided in this subtitle, a business entity or public unit may not remove or encapsulate asbestos in this State without a license.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part IV - Prohibited Acts; Penalties › Section 6-420 - Issuance of Complaints and Orders

(a)    The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:
(1)    This subtitle;
(2)    Any rule or regulation adopted under this subtitle; or
(3)    Any order, permit, or certificate issued by the Department under this subtitle.
(b)    A complaint issued under this section shall:
(1)    Specify the provision that allegedly has been violated; and
(2)    State the alleged facts that constitute the violation.
(c)    After or concurrently with service of a complaint under this subtitle, the Department may:
(1)    Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or
(3)    Send a written notice that requires the person to whom the notice is directed:
(i)    To appear at a hearing held in accordance with the Administrative Procedure Act before the Department at a time and place the Department sets to answer the allegations of a complaint; or
(ii)    To file a written report and also appear at a hearing held in accordance with the Administrative Procedure Act before the Department at a time and place the Department sets to answer the charges in the complaint.
(d)    Any order issued under this section is effective immediately, according to its terms, when it is served.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part IV - Prohibited Acts; Penalties › Section 6-421 - Service of Complaints, Orders, Etc

(a)    Any complaint, corrective order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article.
(b)    If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.
(c)    Any notice that requires filing of a report, attendance at a hearing, or both, shall be served at least 10 days before the earlier of:
(1)    The time set for the hearing, if any;  or
(2)    The time set for the filing of the report, if any.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part IV - Prohibited Acts; Penalties › Section 6-422 - Penalties

(a)    (1)    A person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is liable for a civil penalty not exceeding $25,000 to be collected in a civil action.
(2)    Each day a violation continues is a separate violation under this subsection.
(3)    If the Attorney General concurs, the Secretary may compromise and settle any claim for a civil penalty under this subtitle.
(b)    A person who knowingly and willfully violates any provision of this subtitle or any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject:
(1)    For a first offense, to a fine not exceeding $20,000; or
(2)    For a second or subsequent offense, to a fine not exceeding $25,000, or imprisonment not exceeding 2 years or both.
(c)    Any penalties and fines collected under this subtitle shall be paid into the Asbestos Worker Protection Fund, established under § 6–425 of this subtitle, and used only for asbestos worker protection and enforcement activities under this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 4 - Asbestos Removal › Part V - Asbestos Worker Protection Fund › Section 6-425 - General Consideration

(a)    In this section, “Fund” means the Asbestos Worker Protection Fund.
(b)    There is an Asbestos Worker Protection Fund.
(c)    The Department shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    All penalties and fines collected under § 6–422 of this subtitle;
(2)    Money appropriated in the State budget to the Fund;
(3)    Investment earnings of the Fund; and
(4)    Any other money from any other source accepted for the benefit of the Fund.
(f)    In accordance with the State budget, the Fund shall be used only for asbestos worker protection and enforcement activities under this subtitle.
(g)    (1)    The State Treasurer shall invest the money in the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund shall be paid into the Fund.
(h)    Money expended from the Fund for enforcement activities is supplemental to, and is not intended to take the place of, funding that otherwise would be appropriated for asbestos worker protection and enforcement activities.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 5 - Lead and Mercury Wheel Weights › Section 6-501 - Lead and Mercury Wheel Weights

(a)    (1)    A motor vehicle or tire manufacturer, wholesaler, or retailer, motor vehicle repair facility, or any other person who installs wheel weights may not use, allow to be used, or sell an externally attached lead wheel weight that is composed of greater than 0.1% lead by weight or greater than 0.1% mercury by weight during the first tire installation, replacement, or balancing after January 1, 2020, for all new and used vehicles registered in the State.
(2)    The State shall ensure that no vehicle purchased for the State fleet after January 1, 2019, is equipped with an externally attached lead wheel weight that is composed of greater than 0.1% lead by weight or greater than 0.1% mercury by weight.
(3)    Each tire on a vehicle in the State fleet that is balanced or replaced after January 1, 2018, may not be equipped with a lead wheel weight that is composed of greater than 0.1% lead by weight or greater than 0.1% mercury by weight.
(b)    Lead and mercury wheel weights removed and collected shall be properly recycled.
(c)    (1)    The Department shall send a warning notice to a person that violates this section.
(2)    If the person continues to fail to comply with this section 1 year after receipt of the warning notice, the person is subject to a civil fine not exceeding $1,000 for each subsequent offense after the warning period.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 7 - Occupational Diseases › Section 6-701 - Occupational Diseases

(a)    The Secretary shall:
(1)    Accept from physicians reports on occupational diseases; and
(2)    Study occupational diseases and means to prevent and control the diseases.
(b)    (1)    After notice and a public hearing before the Secretary, the Secretary may adopt rules and regulations necessary to prevent and control occupational diseases.
(2)    The Secretary shall enforce the rules and regulations adopted under this section.
(c)    The Secretary shall:
(1)    Investigate each industrial condition that is suspected of causing an occupational disease; and
(2)    Recommend means to control the condition.
(d)    In Baltimore City, the Baltimore City Commissioner of Health also has the duties imposed and the powers conferred on the Secretary by this section. However, this section does not limit the authority of the Secretary in Baltimore City or any charter power of the Mayor and City Council of Baltimore City.
(e)    A person who, after written notice of a rule or regulation adopted under this section, continues to violate the rule or regulation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each day that the violation continues.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 7 - Occupational Diseases › Section 6-702 - Occupational Disease Reports

(a)    A physician who believes that a patient under the physician’s care has an occupational disease shall submit a report to the Secretary and the Secretary of Health.
(b)    The report shall:
(1)    State the name, address, occupation, and place of employment of the patient;
(2)    Identify the suspected disease; and
(3)    Contain any other information that the Secretary requires.
(c)    The Secretary shall give the information received under this section to the Commissioner of Labor and Industry.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part I - Definitions; General Provisions › Section 6-803 - Applicability of Subtitle

(a)    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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part I - Definitions; General Provisions › Section 6-804 - Exemptions From Part Iv

(a)    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 lead-based 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)    In order to maintain exemption from the provisions of Part IV of this subtitle under subsection (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)    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 lead-based 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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part II - Lead Poisoning Prevention Commission › Section 6-807 - Lead Poisoning Prevention Commission

(a)    There is a Lead Poisoning Prevention Commission in the Department.
(b)    (1)    The Commission consists of 19 members.
(2)    Of the 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 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 of a nonprofit organization that works on lead poisoning prevention issues in the State;
8.    A representative of owners of rental property located in Baltimore City built before 1950;
9.    A representative of owners of rental property located outside Baltimore City built before 1950;
10.    A representative of owners of rental property built after 1949;
11.    A representative of a child health or youth advocacy group;
12.    A health care provider;
13.    A child advocate;
14.    A parent of a lead poisoned child;
15.    A lead hazard identification professional;
16.    A representative of child care providers; and
17.    A representative of the Maryland Chapter of the American Academy of Pediatrics.
(3)    In appointing members to the Commission, the Governor shall give due consideration to appointing members representing geographically diverse jurisdictions across the State.
(c)    (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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part II - Lead Poisoning Prevention Commission › Section 6-808 - Meetings

(a)    The Commission shall meet at least quarterly at the times and places it determines.
(b)    From among the members, the Governor shall appoint the Chairman of the Commission.
(c)    (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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part II - Lead Poisoning Prevention Commission › Section 6-810 - Study and Collection of Information; Subcommittees; Review; Testing Standards and Regulations

(a)    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)    Ability of State and local officials to respond to lead poisoning cases;
(4)    Availability of affordable housing; and
(5)    Need to expand the scope of this subtitle to other property serving persons at risk, including child care centers, family child care homes, and preschool facilities.
(b)    The Commission may appoint a subcommittee or subcommittees to study the following subjects relating to lead and lead poisoning:
(1)    Case management;
(2)    Regulation and compliance;
(3)    Lead paint abatement service provider education and training;
(4)    Social services;
(5)    Educational services;
(6)    Legal aspects;
(7)    Blood lead testing;
(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)    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 § 2–1257 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)    The Department shall consult with the Commission in developing regulations to implement this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part III - Registration of Affected Property › Section 6-811 - Registration

(a)    (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)    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)    (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.
(2)    (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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part III - Registration of Affected Property › Section 6-812 - Renewals; Acquisitions

(a)    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 or according to a schedule established by the Department by regulation; and
(2)    Update the information contained in the owner’s registration required by § 6–811(b)(1) through (5) of this subtitle within 30 days after any change in the information required in the registration.
(b)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part III - Registration of Affected Property › Section 6-813 - Failure to Register or Renew; Falsification of Filings

(a)    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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-815 - Satisfaction of Risk Reduction Standards; Enforcement Officer

(a)    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 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:
(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.
(b)    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 passing the test for lead–contaminated dust under § 6–816 of this subtitle in accordance with subsection (a) of this section.
(c)    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)    (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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-818 - Inspectors' Accreditation and Independence; Certified Reports

(a)    (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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-820 - Notice of Tenant's Rights

(a)    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)    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)    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)    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)    (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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-821 - Repairs; Removal From Risks; Refusal of Tenant; Accredited Supervision

(a)    (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)    (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)    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.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-822 - Effect of Subtitle on State and Local Laws or Housing Codes; Abatement Orders

(a)    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)    (1)    Notwithstanding § 6–803 of this subtitle, following an environmental investigation in response to a report of a lead poisoned person at risk, the Department or a local jurisdiction, including the local health department, may order an abatement, as defined in § 6–1001 of this title, in any residential property, child care center, family child care home, or preschool facility.
(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)    (1)    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.
(2)    The Department may enforce the terms of an abatement ordered by a local jurisdiction or local health department in a civil or an administrative action.