Monday, October 23, 2017

MARYLAND'S LEAD PAINT LAW FOR RENTAL PROPERTY

We own a tiny little house in the Hamilton area of Baltimore City. She is a total bachelor pad. I couldn't wait to leave that tiny little house with my three kids and enjoy life and all fun things we could have with a bigger house and yard. We had Thanksgiving here. Christmas was easier with friends and family. LOTS.OF.ROOM. I tell ya!

The Hamilton Ave house was tiny, dark paneling walls made it cozy like a cabin in the winter, but left you feeling dreary and cooped up all spring and fall. We've begun painting the house. The dark paneling is being scrub for the hundredth time and the fresh paint is brightening the home up on these dreary fall days.

I made this little cute graphic to text to my husband. Lead paint is pretty much in every home made and painted before 1978. A lot of renovators are ripping the wood molding and window casing out and replacing them. No signs of lead. But did you know you could just cover the painted wood with vinyl?

If your home is a rental and you are in the thick of it, trying to get it ready for the next tenant or putting your home up for sale and getting things in compliance, GODSPEED





Property passes a test for lead contaminated dust and by performing the
following lead hazard reduction treatments;
1. Interior and exterior painted surfaces are free of chipping, peeling or
 flaking paint;
2. The dwelling unit is free of structural defects that could cause the paint to
chip, peel, or flake;
3. All interior windowsills where lead-based paint or untested paint exists
have been repainted, replaced or encapsulated with vinyl, metal or other
material, in a manner and under conditions approved by MDE;
4. All window wells where lead based paint or untested paint exists are
smooth and cleanable and have been capped with vinyl, aluminum or other
material, in a manner and under conditions approved by MDE;
5. Subject to federal, State or local fire code standards, all non-replacement
and untreated windows have the top sash fixed to eliminate the friction
caused by the movement of the top sash;
6. All doors have been rehung as necessary to prevent friction of lead painted
surfaces;
7. All kitchen and bathroom floors are overlaid with a smooth, waterresistant
covering; and
8. The unit is free of all visible dust, debris, or residue. 



I. PURPOSE
• Reduce childhood lead poisoning.
• Maintain affordable housing
II. SCOPE
• Participation is mandatory for a rental dwelling unit built before 1978 (“Affected
Property”).
• Exemptions are allowed for:
• Hotel, motel or seasonal rentals
• Housing certified Lead Free by MDE accredited inspector
II. FEES
• For properties built before 1978 $30 per unit, per year
• Any report submitted to the Department certifying a unit as Lead Free shall include a one
time processing fee of $10 per unit

III. REGISTRATION
• Required for rental properties built before 1978.
• Register on MDE form with unique Owner Identification number (MDE Tracking Number)
• Registration renewal is required annually on MDE form
• Changes in ownership and property management must be reported within 30 days
IV. REQUIREMENT TO MEET FULL RISK REDUCTION STANDARD
• An Owner of an Affected Property is required to meet Full Risk Reduction Standard at
every change in occupancy. An Owner shall meet the Full Risk Reduction Standard by:
 ▪ Passing the test for lead-contaminated dust, provided that that any chipping
 peeling, or flaking paint has been removed or repainted on interior and exterior of
 the Affected Property.
 ▪ Verifying compliance by submitting a report to MDE from an independent
 accredited lead paint visual inspector or accredited lead paint risk assessor. The
 report shall include the passing inspection certificate with all required attachments.
V. REQUIREMENT TO MEET THE MODIFIED RISK REDUCTION STANDARD
• An Owner of an Affected Property is required to meet the Modified Risk Reduction
Standard on an Affected Property within 30 days of receiving:

▪ An Elevated Blood Lead Level Notice that a child under six or a pregnant woman
 who resides in the Affected Property has an elevated blood lead (EBL) level of 10
 micrograms or more per deciliter of blood;
OR
▪ A Notice of Defect from any source that the Affected Property contains a defect
 such as chipping, peeling or flaking paint.
• An Owner shall meet the Modified Risk Reduction Standard by:


▪ Within 30 days after the receipt or a Notice of Elevated Blood Lead
Level or Notice of Defect, Owner provides for the temporary relocation of
tenants to a lead free dwelling unit or another dwelling unit that has meet the a
risk reduction standard;
 OR
▪ Within 30 days after the receipt or a Notice of Elevated Blood
Lead Level or Notice of Defect Owner ensures that the subject Affected
Property passes a test for lead contaminated dust and by performing the
following lead hazard reduction treatments;
1. Interior and exterior painted surfaces are free of chipping, peeling or
 flaking paint;
2. The dwelling unit is free of structural defects that could cause the paint to
chip, peel, or flake;
3. All interior windowsills where lead-based paint or untested paint exists
have been repainted, replaced or encapsulated with vinyl, metal or other
material, in a manner and under conditions approved by MDE;
4. All window wells where lead based paint or untested paint exists are
smooth and cleanable and have been capped with vinyl, aluminum or other
material, in a manner and under conditions approved by MDE;
5. Subject to federal, State or local fire code standards, all non-replacement
and untreated windows have the top sash fixed to eliminate the friction
caused by the movement of the top sash;
6. All doors have been rehung as necessary to prevent friction of lead painted
surfaces;
7. All kitchen and bathroom floors are overlaid with a smooth, waterresistant
covering; and
8. The unit is free of all visible dust, debris, or residue.
AND
▪ Verifying compliance by submitting a report to MDE from an independent
 accredited lead paint visual inspector or accredited lead paint risk assessor. The
 report shall include a signed statement from the accredited supervisor overseeing
 the performance of the lead hazard reductions treatments and the passing
 inspection certificate with all required attachments.
VI. TRAINED WORKERS, ACCREDITED SUPERVISORS, OR CONTRACTORS
• All lead hazard reduction treatments must be performed by an accredited
supervisor/contractor or by a trained worker under the supervision of an accredited
supervisor.

VII. DISCLOSURE ON SALE
• At or prior to a contract of sale being executed the owner must disclose to prospective buyer
 any obligation to perform Risk Reduction Treatments not yet performed that have been
 triggered by turnover, Notice of defect, or Notice of EBL that will not be performed prior to
 transfer.

1800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us
410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258
 Larry Hogan, Governor | Boyd Rutherford, Lt. Governor | Ben Grumbles, Secretary
Created 02/2015 Page 2 of 2



page 3
NOTE: This is in addition to any disclosure requirements contained in the Federal law commonly
known as Title X, section 1018 of the Residential Lead Based Paint Hazard Reduction Act of 1992.
IX. MDE ENFORCEMENT
• Department has authority to:
▪ Order compliance;
▪ Perform spot checks; and
▪ Assess civil penalties against inspectors, supervisors and owners for
 noncompliance.














http://mde.maryland.gov/programs/LAND/Documents/LeadFactSheets/LeadfsOwnersRightsResponsibilities.pdf





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