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

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

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

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

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

6. 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

7. 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.

8. Newest Changes To The Lead Law
House Bill 1033

9. 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

10. 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)

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

12. § 6-819(e) (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)

13. § 6-850 (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.
§ (effective January 1, 2012)

14. 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 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.

15. 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

16. MDE Rental Registration ONLINE

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

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

19. 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)

20. REGISTRATION PAGE

21. MARYLAND COURT OF APPEALS DECISION
October 24, 2011
Jackson v.
The Dackman
Company, 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 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!