Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.02 - Reduction of Lead Risk in Housing › Section 26.16.02.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
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
				  26.16.01.02 a B(7).
(6) "Lead-contaminated dust" means dust with
				  a lead content equal to or greater than:
(a)
				  10 micrograms per square foot in dust collected from a floor;
(b) 100 micrograms per square foot in dust
				  collected from a window sill; or
(c) 100 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.