Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings as indicated
B. Terms Defined
(1) "Accredited" has the meaning stated in
				  COMAR 26.16.02.02B.
(2) "Affected property" has the
				  meaning stated in Environment Article, §
											6-801(b),
				  Annotated Code of Maryland.
(3)
				  "ASTM" means the American Society for Testing and Materials.
(4) "Blood lead level (BLL)" means a
				  measurement of the amount of lead in blood, usually measured in micrograms per
				  deciliter
(5) "Caregiver" means a
				  parent, a guardian, or another person that is legally responsible for the
				  wellbeing of a pregnant woman younger than 18 years old or a child
(6) "Child" means an individual younger than
				  6 years old
(7) "Child care center"
				  has the meaning stated in COMAR 13A.16.01.02B.
(8) "Defect" means the presence of
(a) Chipping, peeling, or flaking paint on an
				  interior or exterior surface of an affected property; or
(b) A structural defect causing chipping,
				  peeling, or flaking paint in an affected property.
(9) "Deteriorated paint" means chipping,
				  peeling, or flaking paint on:
(a) A painted
				  interior or exterior surface of a property; or
(b) Any other accessible painted
				  surface.
(10) "Drip
				  line" means the area of land directly beneath the edge of a roof
(11) "Elevated blood lead (EBL)" has the
				  meaning stated in Environment Article, §
											6-801(f),
				  Annotated Code of Maryland
(12)
				  Environmental Investigation.
(a)
				  "Environmental investigation" means an investigation performed by a
				  Department-accredited lead paint risk assessor to identify one or more lead
				  hazards for a child or pregnant woman diagnosed with EBL.
(b) "Environmental investigation" includes
				  the:
(i) Administration of an environmental
				  questionnaire, a visual inspection, and the collection of environmental samples
				  during an on-site assessment of a property;
(ii) Analysis of the results from an on-site
				  assessment and environmental sampling; and
(iii) Performance of case management by the
				  Department or a local health department pursuant to Environment Article, §
													6-304, Annotated Code of
				  Maryland
(13)
				  "Environmental questionnaire" means a questionnaire administered by a
				  Department-accredited lead paint risk assessor during an environmental
				  investigation to identify one or more lead exposure risk factors that may have
				  contributed to a child's or pregnant woman's EBL.
(14) "Environmental sampling" means the
				  collection and analysis of paint chip, dust, or soil samples, or samples from
				  other media as appropriate, to identify the presence of a lead hazard,
				  performed in accordance with the applicable sampling requirements and technical
				  standards described under Regulations .06 and .07 of this chapter
(15) Friction Surface.
(a) "Friction surface" means an interior or
				  exterior surface subject to abrasion or friction.
(b) "Friction surface" may include, but is
				  not limited to, a window sash, a stair tread or another surface subject to
				  abrasion or friction.
(16) "HUD Guidelines" means the U.S
				  Department of Housing and Urban Development (HUD) Guidelines for the Evaluation
				  and Control of Lead-Based Paint Hazards in Housing, Second Edition, July,
				  2012.
(17) Impact Surface.
(a) "Impact surface" means an interior or
				  exterior surface subject to damage by repeated impact or contact
(b) "Impact surface" may include, but is not
				  limited to, a door frame, a surface that makes contact with a knob or handle,
				  or another surface subject to damage by repeated impact or contact
(18) "International Organization
				  for Standardization/International Electrotechnical Commission (ISO/IEC)" means
				  a technical standard governed by both the ISO and IEC
(19) Lead Hazard
(a) "Lead hazard" means a source of lead on
				  an accessible surface or media in which exposure of a child or pregnant woman
				  to the source would result in adverse human health effects.
(b) "Lead hazard" includes, but is not
				  limited to:
(i) Lead-based paint as defined
				  under COMAR
				  26.16.02.02B, if
				  the lead-based paint is present on, or within a layer of a surface with
				  deteriorated paint or a defect, an impact or friction surface, or a chewable
				  surface with evidence of teeth marks;
(ii) A lead-containing substance as defined
				  under COMAR
				  26.16.01.02B, if
				  the lead-containing substance is present on an impact or friction surface, or
				  chewable surface with evidence of teeth marks;
(iii) Lead-contaminated dust as defined under
				  COMAR 26.16.02.02B;
				  or
(iv) Other sources of lead as
				  identified in the HUD Guidelines, Chapter 16: Investigation and Treatment of
				  Dwellings that House Children with Elevated Blood Lead Levels, or by the
				  Department
(20) "Notice of Defect" means a written
				  notice provided by a tenant, or another source, to the owner of an affected
				  property notifying the owner of a defect in the affected property, as
				  authorized under Environment Article, §
											6-819, Annotated Code of
				  Maryland
(21) "Primary residence"
				  means a residential property where a child or pregnant woman with EBL
				  resides.
(22) "Quantitation limit"
				  has the meaning stated in COMAR 26.02.07.0 2B.
(23) "Reference level" means:
(a) 5 micrograms per deciliter; or
(b) Beginning 1 year after the date that the
				  Centers for Disease Control and Prevention revises the blood lead reference
				  level until 1 year after a subsequent revision, the revised blood lead
				  reference level as determined by the Centers for Disease Control and
				  Prevention.
(24)
				  Secondary Property.
(a) "Secondary property"
				  means a property, other than a child's or pregnant woman's primary residence,
				  where the child or pregnant woman with EBL spends at least 24 hours per
				  week
(b) "Secondary property"
				  includes a child care center or a family member's residence.
(25) "Secondary source" means a
				  lead exposure risk that is not derived from a painted surface or structural
				  component of a property, including, but not limited to:
(a) Tap water;
(b) A toy, jewelry, or ceramic
				  foodware;
(c) An imported cosmetic,
				  such as, but not limited to, a product identified in Table 16.4 of the HUD
				  Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House
				  Children with Elevated Blood Lead Levels;
(d) A traditional medicine or remedy;
				  or
(e) A food item.
(26) "XRF" has the meaning stated
				  in COMAR 26.16.01.02B.