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 26.16.02.05 - Certification of Housing as Lead-Free

Current through Register Vol. 51, No. 14, July 12, 2024
A. An accredited lead paint inspection
				  contractor may issue a certificate of lead-free housing after an inspection
				  that verifies that all painted interior and exterior surfaces of an affected
				  property meet Regulation .02B(7) of this chapter.
B. An accredited lead paint inspection
				  contractor may issue a certificate of limited lead-free housing after an
				  inspection that verifies that all painted interior and exterior surfaces of an
				  affected property meet the provisions of Regulation .02B(10) of this
				  chapter.
C. Term Defined. In §D of
				  this regulation, "common area" means stairways, hallways, entrance areas,
				  recreation areas, laundry areas, and garages or other similar areas within a
				  multifamily rental dwelling that are common to individual dwelling units and
				  are accessible to tenants.
D. An
				  affected property that is a multiunit building or multibuilding complex having
				  ten or more dwelling units may be certified to be lead-free based on testing of
				  less than all dwelling units, common areas, and exterior surfaces if:
(1) The building or complex is demonstrated
				  to be of uniform construction or painting history;
(2) Selection of dwelling units, common
				  areas, and exterior surfaces to be tested is based on an accepted technique for
				  generating and assigning random numbers to produce an unbiased
				  sample;
(3) The determination of
				  the minimum number of dwelling units, common areas, and exterior surfaces to be
				  tested is in accordance with Table 7.3: Number of Units to be Tested in
				  Multi-family Building or Developments, found in the U.S. Department of Housing
				  and Urban Development Guidelines for the Evaluation and Control of Lead-Based
				  Paint Hazards in Housing (Second Edition, July, 2012), Chapter 7: Lead-Based
				  Paint Inspection;
(4) The following
				  procedures are performed for the selected dwelling units, common areas, and
				  exterior surfaces in the building or complex:
(a) Identify all testing combinations in each
				  room equivalent;
(b) Obtain at
				  least one XRF reading or paint sample analysis for each testing combination in
				  each room equivalent;
(c) Obtain at
				  least one XRF reading or paint sample analysis for each wall in each room
				  equivalent;
(d) Record each XRF
				  reading or paint sample analysis for each testing combination in a format
				  approved by the Department;
(e)
				  Classify each testing combination as positive or negative for the presence of
				  lead-based paint;
(f) Aggregate
				  data according to component type in a format approved by the Department;
				  and
(g) Do one of the following:
(i) Test at least 40 testing combinations of
				  a given component type;
(ii) For
				  multiunit buildings or multibuilding complexes with less than 40 components of
				  a given component type, test all of that component type; or
(iii) Treat a component type as positive for
				  the presence of lead based paint in the entire multiunit building or
				  multibuilding complex;
(5) The following conditions are met for each
				  component type:
(a) If 5 percent or greater of
				  a component type test positive for lead-based paint:
(i) Remove lead-based paint from all
				  components of that component type; or
(ii) Test all of that component type and
				  remove lead-based paint from each component that tests positive for lead-based
				  paint; and
(b) If less
				  than 5 percent of a component type test positive for lead-based paint:
(i) Remove lead-based paint from all
				  components of that component type; or
(ii) Conduct a second random sample of that
				  component type in previously untested dwelling units, common areas, or exterior
				  surfaces, and if less than 2.5 percent of the combined test results are
				  negative for lead-based paint, remove lead-based paint from every component
				  type that tests positive for lead-based paint.