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26.16.05.00.htm 26.16.05.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 16 LEAD Chapter 05 Procedures for Performing Lead Abatement Services Authority: Environment Article, §1-404, 6-801―6-852, 6-1001―6-1005, and 7-206―7-208, Annotated Code of Maryland
26.16.05.01.htm 26.16.05.01. 01 Scope and Applicability.. This chapter governs the performance of lead paint abatement services in Maryland. A person performing any lead inspection, lead risk assessment, or clearance inspection shall be accredited by the Department and shall comply with the applicable procedures in this chapter. Inspections performed as part of a poisoned-child investigation shall be performed according to protocols approved by the Department before the performance of the inspection.
26.16.05.02.htm 26.16.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Lead-based paint inspection" means a surface-by-surface evaluation of painted surfaces to determine if the concentration of lead exceeds State standards.2) "Risk assessment" means an inspection to determine the presence of lead hazards..
26.16.05.03.htm 26.16.05.03. 03 Incorporation by Reference.. 40 CFR §745.227, as amended, is incorporated by reference..
26.16.05.04.htm 26.16.05.04. 04 Notice to the Department.. A person shall provide the Department advance notice before performing an inspection under this chapter. Notice shall be in writing and shall be provided by hand delivery, facsimile, or mail and shall be received by the Department at least 24 hours before the commencement of the inspection.
26.16.05.05.htm 26.16.05.05. 05 MDE 330 Certificate.. A. Inspections performed under this chapter to satisfy the Maryland Reduction of Lead Risk in Housing Act requirements shall be documented on MDE 330 certificates and supporting forms according to procedures established by the Department. MDE 330 forms may not be used for any other purpose.B. All results of passing inspections shall be submitted to the Department within 10 days of performing a visual inspection, or within 10 days of obta
26.16.05.06.htm 26.16.05.06. 06 Lead-Based Paint Inspections.. A. Lead-based paint inspections for single-family housing or multiple-unit housing shall be performed in accordance with COMAR 26.16.02.05.B. XRF Sampling.. 1) XRF calibration checks shall be performed in accordance with the manufacturer's specifications and most recent performance characteristics sheet (PCS)2) XRF analyzers shall be checked according to the manufacturer's specifications.. 3) Calibration check readings shall be:.
26.16.05.07.htm 26.16.05.07. 07 Lead-Safe Housing Inspections.. A lead-safe housing inspection shall be performed in accordance with COMAR 26.16.02.04..
26.16.05.08.htm 26.16.05.08. 08 Visual Inspections Performed to Verify Compliance with Environment Article, Title 6, Subtitle 8, Annotated Code of Maryland.A. A visual inspection performed under COMAR 26.16.02.03 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 b
26.16.05.09.htm 26.16.05.09. 09 Dust Wipe Inspections Performed to Establish Compliance With Environment Article, §6-815 and 6-819, Annotated Code of Maryland.A. An inspection for lead-contaminated dust shall be conducted in accordance with COMAR 26.16.02.03 by a State-accredited visual inspector or risk assessor.B. Risk reduction certificates based on dust sampling shall include a visual review of all interior and exterior painted surfaces of the rental dwelling unit to verify there is no chipping, peeling, o
26.16.05.10.htm 26.16.05.10. 10 Clearance Inspections for Abatement Projects.. A. Following a lead abatement project, performed in accordance with COMAR 26.02.07, a clearance inspection for lead-contaminated dust shall be performed by a visual inspector, inspector technician, or risk assessor accredited by the Department.B. Dust samples shall be collected from each interior room where lead abatement was performed, using all dust sample collection procedures specified in Regulation .08B of this chapter.
26.16.05.11.htm 26.16.05.11. 11 Lead Risk Assessments.. Lead risk assessments shall be performed in accordance with 40 CFR §745.227. Lead risk assessments under this chapter may not be conducted to issue a certificate to satisfy the Maryland Reduction of Lead Risk in Housing Act.
26.16.05.12.htm 26.16.05.12. 12 Collection and Laboratory Analysis of Samples.. A. Determination of lead content in paint shall be in accordance with COMAR 26.16.01.03B.. B. Any paint chip, dust, or soil samples collected under the procedures contained in this chapter shall be collected by persons accredited by the Department as an inspector technician, visual inspector, or risk assessor employed by a State-accredited contractor.C. All samples collected shall be analyzed by a laboratory recognized by EP
26.16.05.13.htm 26.16.05.13. 13 Record Keeping.. A. A person who performs lead inspection services shall maintain all reports, plans, and forms required under this chapter for at least 5 years.B. The Department reserves the right to conduct oversight inspections of all lead inspections performed under this chapter.
26.16.05.9999.htm 26.16.05.9999. Administrative History Effective date: May 19, 2008 (35:10 Md. R. 974). Regulation .07 amended effective February 23, 2009 (36:4 Md. R. 356). Regulation .08 amended as an emergency provision effective January 1, 2012 (38:27 Md. R. 1762) amended permanently effective April 30, 2012 (39:8 Md. R. 536)
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