Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.08 - Visual Inspections Performed to Verify Compliance with Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. A visual inspection performed under COMAR
				  26.16.02.03 a shall be conducted
				  by a State-accredited visual inspector or risk assessor.
B. 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 and a report
				  prepared by an accredited inspector as required in COMAR 26.16.02.
C. Modified 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) All interior windowsills where lead based
				  paint or untested paint exists have been repainted, replaced or encapsulated
				  with vinyl, metal, or other material, in a manner and under conditions approved
				  by the Department;
(4) All window
				  wells where lead based paint or untested paint exists are smooth and cleanable
				  and have been capped with vinyl, aluminum, or other materials in a manner and
				  under conditions approved by the Department;
(5) Subject to federal, State or local fire
				  code standards, 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) All kitchen and bathroom floors are
				  overlaid with a smooth, water-resistant covering; and
(8) The unit is free of all visible dust,
				  debris, or residue.
(9)
				  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 a C, with a postmark
				  or other evidence of transmittal dated not more than 2 working days following
				  the inspection, to the Department 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, §§
													6-851 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.