Presentation on theme: "MARYLAND’S LEAD PAINT LAWS"— Presentation transcript:
1 MARYLAND’S LEAD PAINT LAWS Paula T. MontgomeryDivision ChiefMaryland Department of the EnvironmentLead Compliance and Accreditation Division
2 Reduction of Lead Risk in Housing Act Title 6, Subtitle 8 of the Environment Article
3 PRESUMPTIONSAll paint in a pre-1950 property is presumed to be lead based paint.
4 Mandatory for all pre-1950 residential rental units. WHO MUST COMPLYMandatory for all pre-1950 residential rental units.
5 Reduction of Lead Risk in Housing Act RegistrationEducational MaterialsLead Risk ReductionTitle 6, Subtitle 8 of the Environment Article
6 TRIGGERS FOR RISK REDUCTION Change in Occupancy since 1996100% by February 24, 2006Notice of Elevated Blood Lead LevelNotice of Defect§ § 6-815, 6-816, 6-817, 6-819
7 Winter WaiversLocal Housing Code Officials may approve a waiver of exterior work required to meet a risk reduction standard during the period from November 1 to April 1, or for a longer period if permitted by the local housing code.
9 HOUSE BILL 1033 Effective January 1, 2012 Full Risk Reduction Standard is now:No Chipping, peeling, flaking paintPassing dust testsNo more treatments for full risk reduction, dust testing only.§ 6-815
10 HOUSE BILL 1033 Effective January 1, 2012 Modified Risk Reduction Standard is now:Passing dust tests9 lead hazard reduction treatmentsSupervisor’s Statement of work to verify the treatments were performed§ 6-819(a)
11 Modified Risk Reduction Standards HOUSE BILL 1033Modified Risk Reduction StandardsNo more tenant verification of work§ 6-819(g) (effective January 1, 2012)
12 § 6-819(e) (effective January 1, 2012) HOUSE BILL 1033Owner Compliance after Notice of Defect or Notice of Elevated Blood Lead Level:May be made either by satisfying Modified Risk Reduction in 30 days; ORTemporarily relocating tenants to a lead free or full risk reduction certified house within 30 days.§ 6-819(e) (effective January 1, 2012)
13 § 6-850 (effective January 1, 2012) HOUSE BILL 1033In addition to its authority to issue penalties in an Administrative Complaint, MDE may also obtain penalties by filing suit in civil court (Circuit Court), with penalties up to $500 per day, per violation. No cap on penalties.§ (effective January 1, 2012)
14 HOUSE BILL 1033Department to conduct a study evaluating processes that reduce lead poisoning in affected and non-affected properties, to include rentals built from and owner occupied properties.Workgroup of various members, including from state legislature, state agencies, Coalition to End Childhood Lead Poisoning, Maryland Association of Realtors, Maryland Property Owners Association, etc.Will study current lead poisoning data relevant to affected and non-affected propertiesPotential for expanding applicability of the lawMDE will report study to the General Assembly no later than December 31, 2011.
15 NEW MDE CERTIFICATES COMING Effective January 1, 2012:Revised categories for full and modified risk reductionsInspectors MUST use this new form, CANNOT use the old form
21 MARYLAND COURT OF APPEALS DECISION October 24, 2011Jacksonv.The DackmanCompany, et al
22 Under Jackson v. The Dackman Company, et al. The limited liability section of the lead law is INVALID under Article 19 of the Maryland Declaration of RightsCourt stated that qualified offers are not adequate remedy for those injuredRest of the law still stands, owners must still comply with registration, risk reduction and educational requirementsNO MORE LIMITED LIABILITY OR QUALIFIED OFFERS!