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26.02.07.00.htm 26.02.07.00. Title 26 DEPARTMENT OF ENVIRONMENT Subtitle 02 OCCUPATIONAL, INDUSTRIAL, AND RESIDENTIAL HAZARDS Chapter 07 Procedures for Abating Lead Containing Substances from Buildings Authority: Environment Article, §1-404 and 7-206―7-208, Annotated Code of Maryland
26.02.07.01.htm 26.02.07.01. 01 Scope.. These regulations establish appropriate techniques for abatement of lead-containing substances from interior and certain exterior areas in group day care centers, in all residential property including owner-occupied residential property, and in buildings appurtenant to group day care centers and residential properties.
26.02.07.02.htm 26.02.07.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Abate" or "abatement" means the elimination of exposure to lead-based substances that may result in lead toxicity or poisoning, by the removal or encapsulation of lead-containing substances, by thorough cleanup procedures, and by post-cleanup treatment of surfaces.2) "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business unit and any
26.02.07.03.htm 26.02.07.03. 03 Methods of Abatement.. A. A person performing abatement of lead-containing substances may not use the following methods:. 1) Open flame burning;. 2) Dry sanding, except as allowed in §B(2). 3) Open abrasive blasting, except as allowed in §B(2). 4) Uncontained hydro-blasting;. 5) Methylene chloride for interior use except that methylene chloride may be used in interior work areas for localized touch-up; or6) Dry scraping; or. 7) Heat gun operating at or above 1,100°F..
26.02.07.04.htm 26.02.07.04. 04 Personal Protection.. A. A business entity or public unit shall ensure that its employees are protected in accordance with all applicable federal, state, and local standards, in particular those set forth in the Maryland Occupational Safety and Health (MOSH) regulations governing Occupational Exposure to Lead in Construction (COMAR 09.12.32)B. All persons not covered by COMAR 09.12.32 and working on a lead abatement project shall, when present in the work site, we
26.02.07.05.htm 26.02.07.05. 05 Control of Access.. A. Except as provided in §D of this regulation, a person or pet may not enter or remain in the work area of a group day care center, residential property, or building appurtenant to a group day care center or residential property, until the Department determines that the lead abatement project has been completed in a satisfactory manner under Regulation .12J, unless that person is:1) The owner of the building or the owner's designee;.
26.02.07.06.htm 26.02.07.06. 06 Removable Objects.. A. Except in an emergency, at least 7 days, but not more than 30 days before a contractor may commence a lead abatement project, the owner of the building where the lead abatement project is to take place shall notify all residents of:1) The area which is to be abated;. 2) The date abatement is to commence; and. 3) The residents' obligation under §B to place all personal items in a box or other closed, easily handled container.B. Every resident of an a
26.02.07.07.htm 26.02.07.07. 07 Control of Emissions and Dust.. A. Caution Signs.. 1) At each separate work area, the contractor performing an abatement shall display a caution sign in the following manner wherever the treatment process is reasonably expected to break or disturb any lead-containing substances:a) At least 3 days before removing or encapsulating lead paint, the contractor shall post signs immediately outside all entrances and exits to the area except that, in emergency situations, posting sh
26.02.07.08.htm 26.02.07.08. 08 Cleanup of Work Area.. A. Interior Cleanup. After completion of the removal, replacement, encapsulation, or reversal involved in an abatement project, the contractor shall:1) Deposit all lead waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing in double plastic bags of at least 4 mils thick, or single bags 6 mils thick, and seal the bags;2) Before washing as required in §A(3) vacuum-clean all surfaces in the wor
26.02.07.09.htm 26.02.07.09. 09 Waste Disposal.. A. Each owner or contractor engaged in a lead abatement project shall:. 1) Remove lead waste from the site of a lead abatement project not later than 48 hours after completing the cleanup; and2) Comply with applicable hazardous waste regulations.. B. Transport and Disposal. Each owner and contractor engaged in a lead abatement project shall transport and dispose of lead waste in a manner to prevent lead from becoming airborne.
26.02.07.10.htm 26.02.07.10. 10 Records.. A. Each business entity and public unit shall make a record of the following information for every lead abatement project which it performs:1) Name and address of the contractor responsible for the project;. 2) The location and description of the project, and location of lead-based substances within the work area which was abated;3) Starting and completion dates of the lead abatement project; and.
26.02.07.11.htm 26.02.07.11. 11 Repealed..
26.02.07.12.htm 26.02.07.12. 12 Procedures for Determining Compliance.. A. The Department may inspect a work area at any time during a lead abatement project to determine compliance with this regulation.B. After receipt of notice of completed cleanup required by Regulation .08D the Department shall, within 24 hours, notify the contractor or owner of the time and date on which an initial inspection will take place, if one is to be made. If the contractor or owner is not reachable by telephone, notic
26.02.07.13.htm 26.02.07.13. 13 Liability of Department.. The issuance of a statement of completion and compliance under Regulation .12J by the Department to an owner or contractor does not subject the Department to any claims for liability if the issuance of the statement was made in good faith.
26.02.07.14.htm 26.02.07.14. 14 Enforcement.. A person who violates any provision of this chapter shall be subject to all equitable, legal and administrative remedies set forth in Environment Article, §7-258―7-268 inclusive, Annotated Code of Maryland.
26.02.07.9999.htm 26.02.07.9999. Administrative History Effective date: August 8, 1988 (15:16 Md. R. 1918). Regulation .03A, B amended effective December 20, 2004 (31:25 Md. R. 1792). Regulation .11 repealed effective May 20, 1996 (23:10 Md. R. 734). Regulation .12K amended effective February 17, 2003 (30:3 Md. R. 182).
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