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26.16.01.00.htm 26.16.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 16 LEAD Chapter 01 Accreditation and Training for Lead Paint Abatement Services Authority: Environment Article, §1-404, 6-818, 6-851, 6-852, 6-1001―6-1005, 7-206―7-208, Annotated Code of Maryland
26.16.01.01.htm 26.16.01.01. 01 Scope.. This chapter establishes:. A. Requirements and standards for the accreditation of contractors, supervisors, inspectors, project designers, and trainers providing lead paint abatement services for residential, public, or commercial buildings, bridges, or other structures or superstructures;B. Job performance standards for contractors, supervisors, and other persons disturbing a lead-containing substance in residential, public, and commercial buildings; and
26.16.01.02.htm 26.16.01.02. 02 Definitions.. A. In this subtitle, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Abatement" means a set of measures designed to eliminate or reduce lead-based paint hazards in residential, public, or commercial buildings, bridges, or other structures or superstructures in accordance with standards established by the Department, which may include:a) The removal of lead-based paint and lead-contaminated dust, the containment or encapsulation of l
26.16.01.02-1.htm 26.16.01.02-1. 02-1 Incorporation by Reference.. A. In this chapter, the following documents are incorporated by reference.. B. Documents Incorporated.. 1) 40 CFR §745.225(d) and (e) (2003). 2) 40 CFR §745.227(2003).
26.16.01.03.htm 26.16.01.03. 03 Applicability of this Chapter.. A. The presence of a lead-containing substance is presumed in any residential building constructed before 1950 unless a person determines that all painted surfaces are lead-free in accordance with §B of this regulation.B. Determination of lead content in paint shall be based on:. 1) Use of an XRF by an accredited person;. 2) Analysis by a qualified laboratory of paint samples from surfaces to be disturbed during the project;
26.16.01.04.htm 26.16.01.04. 04 Accreditation.. A. Unless a person is accredited by the Department or trained under this chapter, the person may not provide:1) Lead paint abatement services as a contractor, inspector, lead paint risk assessor, supervisor, or worker; or2) Training to others who provide lead paint abatement services.. B. A person may not hire, contract, or retain a person who is not properly accredited by the Department or trained under this chapter to provide lead paint abatement services.
26.16.01.05.htm 26.16.01.05. 05 General Training Requirements.. A. An individual may not provide a lead paint abatement service unless the individual has successfully completed the appropriate accredited training course for that service.B. The curriculum for each training course shall be developed by the training provider in conformance with standards included in this chapter, including all applicable topics set forth in 40 CFR §745.225(d) and (e) and subject to approval by the Department.
26.16.01.06.htm 26.16.01.06. 06 Examination Requirements.. A. A training provider shall only administer examinations approved or provided by the Department.. B. The examination for a course shall reflect each of the designated content areas for the course and may include written, oral, and practical application components.C. The training provider shall administer the examination for each course.. D. The Department may establish and administer a qualifying examination for instructors for each cat
26.16.01.07.htm 26.16.01.07. 07 Lead Paint Abatement Worker Training Requirements for Residential, Commercial, and Public Buildings.A. General Requirements.. 1) A lead paint abatement worker shall have:. a) Successfully completed an initial course and any review courses, as specified in this chapter;. b) Received an identification card, issued by the training provider as proof of training, indicating an expiration date which is 36 months following the completion date; and
26.16.01.08.htm 26.16.01.08. 08 Project Designer Accreditation Requirements.. A. General Requirements. A project designer shall have:. 1) Successfully completed the lead paint removal and demolition supervisor course during the previous 24 months;2) Received, as proof of training, an identification card, issued by the training provider, indicating an expiration date which is 24 months following the course completion date;3) Completed the specified review course, passed the examination designated
26.16.01.09.htm 26.16.01.09. 09 Lead Paint Abatement Services Contractor Accreditation Requirements.. A. A contractor who offers to perform lead paint abatement services shall be accredited.. B. In order to be accredited, a contractor shall pay the fee in Regulation .20 of this chapter and submit to the Department:1) A letter certifying that the contractor will employ, hire, or contract only with:. a) Supervisors accredited by the Department in the area for which their expertise is used;.
26.16.01.10.htm 26.16.01.10. 10 Supervisor Accreditation Requirements for Residential, Commercial, and Public Buildings.. A. General Requirements.. 1) A lead paint abatement supervisor shall have:. a) Successfully completed an initial course and passed the examination designated for that course, as specified in this regulation; andb) Received, as proof of training and accreditation, an identification card and a certificate indicating an expiration date which is 24 months following the accreditation date.
26.16.01.11.htm 26.16.01.11. 11 Contractor/Supervisor Performance Standards for Residential Buildings and Child Care Centers.. A. Except for performance of lead hazard reduction treatments, persons performing lead paint abatement services shall ensure that the provision of lead paint abatement services involving residential buildings and child care centers conforms to COMAR 26.02.07.A-1. At least 24 hours but not more than 10 days before beginning lead paint abatement projects for residential buildings, th
26.16.01.12.htm 26.16.01.12. 12 Contractor/Supervisor Performance Standards for Commercial and Public Buildings.. A. Except for performance of lead paint abatement services in residential buildings and child care centers, persons accredited under this chapter shall ensure that lead paint abatement services involving commercial and public buildings conform to this regulation.B. For the purposes of this regulation:. 1) "Commercial building" means offices, stores, shops, or other retail spac
26.16.01.13.htm 26.16.01.13. 13 Structural Steel Lead Paint Abatement Training and Accreditation Requirements.. A. Structural Steel Worker Training Requirements.. 1) The general requirements for lead paint abatement worker training specified in Regulation .07A of this chapter apply to structural steel lead paint abatement workers.2) Initial Training Course Requirements.. a) The initial structural steel worker course shall provide at least 7 hours of instruction time..
26.16.01.14.htm 26.16.01.14. 14 Lead Paint Inspector Technician Accreditation Requirements.. A. General Requirements.. 1) A lead paint inspector technician shall have successfully completed an initial course, as specified in this regulation, and passed the examination designated for that course.2) A lead paint inspector technician shall have received, as proof of training and accreditation, an identification card and a certificate indicating an expiration date which is 24 months following th
26.16.01.15.htm 26.16.01.15. 15 Lead Paint Visual Inspector Accreditation Requirements.. A. General Requirements. A lead paint visual inspector shall have:. 1) Successfully completed an initial course, as specified in this regulation, and passed the examination designated for that course;2) Received, as proof of training, a certificate and identification card indicating an expiration date which is 24 months following the accreditation date; and3) Completed the specified review course and passe
26.16.01.16.htm 26.16.01.16. 16 Lead Paint Risk Assessor Accreditation Requirements.. A. General Requirements.. 1) A lead paint risk assessor shall have:. a) Successfully completed the lead paint inspector technician course and passed the examination designated for that course; andb) Received, as proof of training and accreditation, an identification card and a certificate indicating an expiration date which is 24 months following the accreditation date.2) Unless the lead paint risk assessor has complet
26.16.01.17.htm 26.16.01.17. 17 Training Provider Accreditation Requirements.. A. The Department may accredit a training provider separately for each training course to be provided by that training provider. Accreditation is based on:1) Approval by the Department of an application submitted by the training provider; and. 2) An audit, by the Department, of a class conducted by the training provider implementing the curriculum included in the appB. Training Provider Accreditation Application Requirements..
26.16.01.18.htm 26.16.01.18. 18 Lead Abatement Instructor Requirements.. A. Accreditation.. 1) The primary instructor and, except as provided in §B of this regulation, any other instructor for a lead paint abatement training course, shall be currently accredited by the Department before participating in the presentation of the course.2) The Department may issue a certificate to an instructor who meets the qualifications specified in this regulation. The certificate shall:
26.16.01.19.htm 26.16.01.19. 19 Suspension or Revocation of Accreditation or Training Identification Card.. A. The Department may suspend or revoke the accreditation or training identification card of a person accredited or trained under provisions of this chapter if the person:1) Misrepresents or falsifies, to the Department, to a client, or to a customer, facts relating to lead paint abatement services;2) Fails at any time to meet the qualifications for accreditation or training established in this chapter;
26.16.01.20.htm 26.16.01.20. 20 Fees.. A. Fees shall be deposited in the Lead Accreditation Fund.. B. Payment of fees under this subtitle shall be in the form of a personal check, cashier's check, or money order made payable to the Lead Accreditation Fund.C. Accreditation fees may not be imposed on the following:. 1) A State or local government;. 2) An employee of a State or local government providing a lead paint abatement service on behalf of that government; or3) A nonprofit training program..
26.16.01.9999.htm 26.16.01.9999. Administrative History Effective date:. Regulations .01―20 adopted as an emergency provision effective November 24, 1995, except Regulations .03, .11, .12, and .13C effective February 24, 1996 (22:24 Md. R. 1874)Regulations .01, .02, .04―10, .13A, B, and .14―20 adopted effective May 20, 1996 (23:10 Md. R. 734). Regulations .01 and .13 amended and Regulations .03, .11, and .12 adopted effective August 12, 1996 Regulation .01A, C amended effective May 19, 2008 (35:10 Md. R. 974).
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