MARYLAND S LEAD PAINT LAWS Paula T Montgomery Division

MARYLAND’S LEAD PAINT LAWS Paula T. Montgomery Division Chief Maryland Department of the Environment Lead Compliance and Accreditation Division

Reduction of Lead Risk in Housing Act Title 6, Subtitle 8 of the Environment Article

PRESUMPTIONS • All paint in a pre-1950 property is presumed to be lead based paint.

WHO MUST COMPLY Mandatory for all pre-1950 residential rental units.

Reduction of Lead Risk in Housing Act • Registration • Educational Materials • Lead Risk Reduction Title 6, Subtitle 8 of the Environment Article

TRIGGERS FOR RISK REDUCTION • • Change in Occupancy since 1996 100% by February 24, 2006 Notice of Elevated Blood Lead Level Notice of Defect § § 6 -815, 6 -816, 6 -817, 6 -819

Winter Waivers Local 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.

Newest Changes To The Lead Law House Bill 1033

HOUSE BILL 1033 Effective January 1, 2012 Full Risk Reduction Standard is now: • No Chipping, peeling, flaking paint • Passing dust tests • No more treatments for full risk reduction, dust testing only. § 6 -815

HOUSE BILL 1033 Effective January 1, 2012 Modified Risk Reduction Standard is now: • Passing dust tests • 9 lead hazard reduction treatments • Supervisor’s Statement of work to verify the treatments were performed § 6 -819(a)

HOUSE BILL 1033 Modified Risk Reduction Standards No more tenant verification of work § 6 -819(g) (effective January 1, 2012)

HOUSE BILL 1033 Owner Compliance after Notice of Defect or Notice of Elevated Blood Lead Level: • May be made either by satisfying Modified Risk Reduction in 30 days; OR • Temporarily relocating tenants to a lead free or full risk reduction certified house within 30 days. § 6 -819(e) (effective January 1, 2012)

HOUSE BILL 1033 In 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. § 6 -850 (effective January 1, 2012)

HOUSE BILL 1033 Department to conduct a study evaluating processes that reduce lead poisoning in affected and non-affected properties, to include rentals built from 1950 -1978 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 properties • Potential for expanding applicability of the law • MDE will report study to the General Assembly no later than December 31, 2011.

NEW MDE CERTIFICATES COMING Effective January 1, 2012: • Revised categories for full and modified risk reductions • Inspectors MUST use this new form, CANNOT use the old form

MDE Rental Registration ONLINE

COMING SOON Go Live date for online Registration and Renewal. 11/14/2011

SUMMARY OF ONLINE TRANSATIONS • • • New Property Registration Add or remove Units to existing properties Renew properties Pay online Immediate processing and receipt of transaction.

ADVANTAGES • • Save time and money. No fees or postage. Immediate transaction. Immediate receipt of proof of registration or renewal. • Various payment methods (Visa, Master Card, and Checks)

REGISTRATION PAGE

MARYLAND COURT OF APPEALS DECISION October 24, 2011 Jackson v. The Dackman Company, et al

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 Rights • Court stated that qualified offers are not adequate remedy for those injured • Rest of the law still stands, owners must still comply with registration, risk reduction and educational requirements NO MORE LIMITED LIABILITY OR QUALIFIED OFFERS!