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Information about Lead paint inspection
Maryland lead paint law
Only pre-1978 residential rental properties/units (“Affected Properties”) are regulated by Maryland’s Reduction of Lead Risk in Housing Act. Owner-occupied properties/units are not regulated. Affected Properties that are Maryland Department of the Environment (MDE) certified lead-free or limited lead-free are exempt from Maryland’s lead paint law. Affected Properties owned or operated by federal, State, or local government or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland’s lead paint law.
The types of Lead Inspection we perform are below.
Full Risk Reduction Inspection and Certification
A Full Risk Reduction inspection is generally conducted in a vacant unit prior to occupancy by a new tenant. An accredited inspection contractor may issue a certificate, which indicates that there is a reduced risk of lead exposure in a rental unit.
The Full Risk Reduction standard is met by passing the test for lead-contaminated dust, provided that any chipping peeling, or flaking paint has been removed or repainted on interior and exterior of the rental dwelling unit. After verifying paint condition meets the standard the accredited inspector must collect dust samples from each room in the unit. Each dust sample must be analyzed by a qualified laboratory, and the results must fall below specified levels. In general, testing for lead contaminated dust is most likely to be successful in a clean, well maintained property.
Modified Risk Reduction Inspection and Certification
A Modified Risk Reduction inspection is conducted in response to either (a) written notice from the tenant, or from any other source, of the presence of defects in the unit or (b) within 30 days of being notified a person at risk (pregnant woman or child under 6 years of age) has a blood lead level of 5 micrograms per deciliter or more and an Environmental Investigation has identified defects.
The Modified Risk Reduction standard is met when the Owner provides for the temporary relocation of tenants to a lead free dwelling unit or another dwelling unit that has met a risk reduction standard or by passing the test for lead contaminated dust and performing specific lead hazard reduction treatments. The lead hazard treatments must be performed and by an accredited contractor or supervisor.
Lead Free Inspection and Certification
A rental dwelling unit which has been certified to be free of lead paint if the following is met by doing a lead paint survey with a XRF readings below 0.7mg/cm2 or paint chip samples below 0.5% by weight will get issued a lead free certification and may be exempted from annual registration fees and from further risk reduction requirements.
If the lead paint survey determines that lead paint is present in a unit, an accredited abatement supervisor or contractor can fully abate the lead paint. An accredited inspector can issue a Lead Free certificate following a determination that the abatement has been satisfactorily completed. There is, however, no obligation under the Law to fully remove or otherwise permanently abate all of the lead paint in a rental property. When a the owner submits a Lead Free certification to the Department they are required to also submit a Lead Free Inspection Fee Payment with the appropriate processing fee. The processing fee is $10 (per unit) for every unit represented by the certificate.
Limited Lead Free Inspection and Certification
If the lead paint survey determines that there is no lead paint on interior surfaces of the unit, but does have lead paint on exterior surfaces, that unit may qualify for a Limited Lead Free certificate. If the unit meets the Limited Lead Free Standard, the accredited inspector must visually inspect the exterior areas to ensure there is no chipping, peeling or flaking paint on those surfaces.
The unit meeting the Limited Lead Free Standards must get the exterior visually re-inspected every two years on or before the date of the original certification. If the re- inspection does not occur in a timely manner the original certificate is no longer considered valid. When a the owner submits a limited lead free certification to the Department they are required to also submit a Limited Lead Free Inspection Fee Payment with the appropriate processing fee. The processing fee is $10 (per unit) for every unit represented by the certificate.
